Constructive dismissal

HoolyNI

Hello all,
My employer is refusing to give me any furlough payments despite having no work for me to do. I presume he is hoping I will get fed up and go elsewhere and save him having to pay me any redundancy, in which case could this be construed as constructive dismissal?
I only work part time and have always had a good relationship with them as far as I was aware, but this whole furlough nonsense is leaving a bad taste in the mouth.

Jonesy1977

There are a couple of questions that you will need to answer first.
1. How long have you been with the company/what hours do you do? - this effects redundancy
2. Did they Furlough you?  Did you receive a letter and sign to that effect?
3. Your company does not have to furlough you, your contract would have to say that you can be placed on lay off/short time working though - do you know if this is the case?

HoolyNI

I have been with them since 2004 though I left for a year due to child care issues then came back part time 4 years ago. I normally only do about 10 hours on a Saturday but had been doing Fridays and Sundays prior to the shutdown....I was furloughed for 4 weeks in May but had been back doing Saturdays have been off this past two weeks with no furlough and nothing by way of explanation as to why. Have asked my manager about it twice and been told he'll look into it, but he clearly hasn't bothered.

Thrugelmir

What are your contractual hours of employment? 

The_Fat_Controller

What do you have in writing from your employer ?

Grumpy_chap

If you are not furloughed, then are you receiving normal salary?

lincroft1710

If you left employment for a year and it was not maternity leave, nor sabbatical, then if there was a redundancy situation your length of service would only be 4 years. Working only 10 hrs a week would not lead to a very high redundancy payment

Jonesy1977

Does your contract mention short time working?

spiro

As you work part time, unless your Contract states the minimum number of hours you will be employed for each week then your employer can just choose to give you zero hours.

HoolyNI

I don't have a contract, and receive no other money if I am not at work. Have been on furlough previously and just puzzled as to why they would be with-holding it this time and can't seem to get an explanation. It can't be concern for the tax-payer either as the same crowd aren't shy about doing the odd cash in hand job when it suits them.

elsien

HoolyNI said:

I don't have a contract, and receive no other money if I am not at work. Have been on furlough previously and just puzzled as to why they would be with-holding it this time and can't seem to get an explanation. It can't be concern for the tax-payer either as the same crowd aren't shy about doing the odd cash in hand job when it suits them.

Do you not get holiday and sick pay?