Please Help - Employer Avoiding Employee Redundancy 30 June 2020 at 8:09AM in Redundancy & redundancy planning 8 replies 311 views

Qooshh

Good morning, I have worked at my current company now for 8 years and have been furloughed due to the COVID-19 outbreak since the 13th March. My employer has made it clear from the outset that there would be redundancies made if business was to not pick up. We are now at the end of June and most of the staff has gone back apart from myself. Now here is the funny thing, most of the staff are new and are on much lower pay packages. I needed to visit the office late last night to collect a few things and whilst at the office i discovered an email left open on my colleagues computer saying that I have no future with the company and that they were going to use the outbreak as an excuse to rid themselves  of staff on higher pay packages and bring in new staff on lower packages. There is also mention of trying to get staff to leave on there own accord without having to pay out redundancies. I believe my boss will either keep me on furlough for as long as possible or bring me back part time to work days here and there should members of staff want to go on holiday but as you can now imagine I desperately want to take the redundancy package and find myself a new career, does anyone have advice for me? I have also been made to work whilst on furlough and have evidence of a few working days behind the scenes which has not be declared to any tax office ect.. Thank you 

sharpe106

 Working whilst furlough is a separate issue but if they are willing to get staff to do that I am sure they are willing to play the system to get rid of people. If you leave by your own accord then it will save them. So they can keep you on furlough in the hope you will just leave, not what it is meant for but I am sure plenty of employers will use it.

 

What does your contract say about hours?

Qooshh

I have never had a signed contract for the company nor has anyone that works there, we have been manipulated for years and  i've now realised they have been playing the business game all this time. 

sharpe106

Are you contracted to hours ?

Undervalued

Qooshh said:

I have never had a signed contract for the company nor has anyone that works there, we have been manipulated for years and  i've now realised they have been playing the business game all this time. 

Largely irrelevant I'm afraid. You continued to work on their terms and got paid and that establishes a contract. Nothing says it has to be in writing.

Technically you are entitled to "a written statement of the main particulars of your employment". However you cannot make a legal claim about their failure to provide that on its own any longer. Such a claim can be added to another valid employment tribunal claim but even then it only may lead to some limited compensation at the tribunal's discretion. Once upon a time these technical points were automatic but not now.

Qooshh

sharpe106 said:

Are you contracted to hours ?

The contracted hours would be 7.45am to 5.30pm

sharpe106

If you regularly work them hours without a contract it would be assumed those are your contracted hours. So unless they can prove otherwise they need to provide you with those hours once you return to work, obviously they can still do the part time furlough. If they don't then you would have a case of unfair dismissal.  

Qooshh

I feel they may bring me back on part time furlough so everyone can have a holiday, in theory use me to benefit them further. If i was to refuse and say i only wish to come back full time do i have a leg to stand on? kinda want to force the redundancy in any case and get on with my life. 

sharpe106

You can ask, but I would think if they decline it and you refuse they could class that as you refusing to attend work and cancel the furlough. If you want to get on with your life, look for another job and just leave once you have found one. You have nothing to lose then.