Change of contract/missing contract

Copex1978

Hi, I would be grateful for some advice please. My Daughter has been working for a company for 2 years, and through the current situation has been working from home. She was advised on July 3 that she was being furloughed, as there was not enough work for her currently. On Friday 24/07/20 she was contacted by the HR department saying that she would not be getting any pay as the furlough had not been set up. 
They are now forcing her to reduce her hours or take a lay off period. We have asked for a copy of her contract, as she was unable to retrieve it from the HR portal it is usually on, suspicious if you ask me, to see what terms of flexible working are within it. 
Could someone point me in the right direction, so that she can either continue to work full time, receive a full time wage and pay her bills, or accept a lay off and put a claim in for benefits and proceed to a potential tribunal.
Thank you in advance.

Undervalued

Whilst technically she should have been given a "statement of main particulars of employment" (often called a "contract") within two weeks of starting there is little she can do about that not happening. If she had a valid tribunal claim on another matter she could add that failing to the claim but it can no longer be brought on its own. It might (or might not) get her a couple of weeks pay at the tribunal's discretion.

A contract exists by virtue of turning up, being told what to do and getting paid and also includes employee handbooks, information on the company intranet and even on the tea room wall!

Are you saying you don't believe she had a lay off clause but they are now trying to claim she did?

Dox

Copex1978 said:

They are now forcing her to reduce her hours or take a lay off period. We have asked for a copy of her contract, as she was unable to retrieve it from the HR portal it is usually on, suspicious if you ask me, to see what terms of flexible working are within it. 
Could someone point me in the right direction, so that she can either continue to work full time, receive a full time wage and pay her bills, or accept a lay off and put a claim in for benefits and proceed to a potential tribunal.
Thank you in advance.

What's happening to your daughter is what's happening to many employees - and the cold reality is that she needs to accept (as do you) that 'pointing you in the right direction' (although surely that should be your daughter? She's an adult, so perhaps let her stand on her own two feet, however tempting it may be to interfere) is misguided. She has a job and needs to hang on to it for all she's worth, so any mention of a tribunal is just plain daft after such a short time with the employer and in today's climate. A part time job, albeit topped up with benefits, is better than protracted unemployment.

JCS1

The last date to furlough someone was 10th June (I think), so unless she was furloughed before then, they cannot furlough her from 3rd July.

Middlestitch

Copex1978 said:

Could someone point me in the right direction, so that she can either continue to work full time, receive a full time wage and pay her bills, or accept a lay off and put a claim in for benefits and proceed to a potential tribunal.

Let your daughter decide what she wants. Neither of your two suggestions is either sensible or viable, however well meaning you believe them to be.