Unable to get rehired!

Will55

Hello
Apologies if this question has come up before but I could not see a direct comparison to it.
I voluntarily resigned from my position on February 10th 2020. My last working day was March 10th 2020. I had another job lined up but sadly this fell through due to the lock-down being enforced (it is not classed as an essential place of work). I contacted my old employers after reading Martin's piece as regards ex-employees being taken back on. As far as I am aware I fit the criteria but they are refusing to add me back onto their payroll. Their statement to me included -  "We have taken legal advice from a solicitor specializing in employment law. They have now received a comprehensive report from that solicitor which gives a number of reasons why putting you back on the payroll would, potentially, be bordering on being illegal. However, the fact that your role has been filled means that, apart from the other reasons, it is, unfortunately, not possible to offer you a way back".
I do not think that it is in anyway illegal (though I could well be wrong), also the fact that someone else has taken my role should not affect anything as I doubt he will be starting on his given date of April 20th. I also know that he is claiming his 80% from his old job and that no contracts have been signed.
If anyone could advise me as to any aspect of this I would be most grateful. I worked solidly for 19 years for this company and cannot believe they are treating me like this, if it is just a case of "we cannot be bothered to help you".
Thank you in advance to anyone who replies.

Will

Galloglass

the fact that your role has been filled means that, apart from the other reasons, it is, unfortunately, not possible to offer you a way back

That's the key reason. It is a job protection scheme for jobs going forward. If you were rehired, there would be no job going forward so you'd be laid off again (at a cost to the employer). Furlough was not designed to be an alternative to the benefits system so you'll have to sign on for Universal Credit (as long as you are not in receipt of Tax Credits)

There is a benefits checker below.

sharpe106

Galloglass said:

the fact that your role has been filled means that, apart from the other reasons, it is, unfortunately, not possible to offer you a way back

That's the key reason. It is a job protection scheme for jobs going forward. If you were rehired, there would be no job going forward so you'd be laid off again (at a cost to the employer). Furlough was not designed to be an alternative to the benefits system so you'll have to sign on for Universal Credit (as long as you are not in receipt of Tax Credits)

There is a benefits checker below.

That is half the problem this site is trying to sell it as an alternative to benefits when it clearly was never meant to be.  Ministers and whoever this site seem to be talking to are saying yes to them they can it fine. But what is written in the policy is not clear.  

Undervalued

Will55 said:

Hello
Apologies if this question has come up before but I could not see a direct comparison to it.
I voluntarily resigned from my position on February 10th 2020. My last working day was March 10th 2020. I had another job lined up but sadly this fell through due to the lock-down being enforced (it is not classed as an essential place of work). I contacted my old employers after reading Martin's piece as regards ex-employees being taken back on. As far as I am aware I fit the criteria but they are refusing to add me back onto their payroll. Their statement to me included -  "We have taken legal advice from a solicitor specializing in employment law. They have now received a comprehensive report from that solicitor which gives a number of reasons why putting you back on the payroll would, potentially, be bordering on being illegal. However, the fact that your role has been filled means that, apart from the other reasons, it is, unfortunately, not possible to offer you a way back".
I do not think that it is in anyway illegal (though I could well be wrong), also the fact that someone else has taken my role should not affect anything as I doubt he will be starting on his given date of April 20th. I also know that he is claiming his 80% from his old job and that no contracts have been signed.
If anyone could advise me as to any aspect of this I would be most grateful. I worked solidly for 19 years for this company and cannot believe they are treating me like this, if it is just a case of "we cannot be bothered to help you".
Thank you in advance to anyone who replies.

Will

Whether you are right or wrong or their solicitor is right or wrong is largely irrelevant. What is certain is that they are not obliged to do it, so the chances of them doing so against their solicitor's advice must be zero!

Will55

Galloglass said:

the fact that your role has been filled means that, apart from the other reasons, it is, unfortunately, not possible to offer you a way back

That's the key reason. It is a job protection scheme for jobs going forward. If you were rehired, there would be no job going forward so you'd be laid off again (at a cost to the employer). Furlough was not designed to be an alternative to the benefits system so you'll have to sign on for Universal Credit (as long as you are not in receipt of Tax Credits)

There is a benefits checker below.

Thank you very much for your reply. At least this explains why the will not acknowledge my request. Universal credit is also out due to my savings! Savings I do not wish to touch to support me through this time off work. It looks as though I do not have much choice now, though I have applied for numerous part time jobs. Thank you again.

Will55

sharpe106 said:

Galloglass said:

the fact that your role has been filled means that, apart from the other reasons, it is, unfortunately, not possible to offer you a way back

That's the key reason. It is a job protection scheme for jobs going forward. If you were rehired, there would be no job going forward so you'd be laid off again (at a cost to the employer). Furlough was not designed to be an alternative to the benefits system so you'll have to sign on for Universal Credit (as long as you are not in receipt of Tax Credits)

There is a benefits checker below.

That is half the problem this site is trying to sell it as an alternative to benefits when it clearly was never meant to be.  Ministers and whoever this site seem to be talking to are saying yes to them they can it fine. But what is written in the policy is not clear.  

I have to agree it is very confusing! I have spoken to numerous different "experts" and they all appear to see it differently.