Coronavirus: Your workplace questions

Hi All,

I am on a 12 month contract which finishes on 3rd June 2020. I have been on furlough since April but have been told that due to the virus, and the subsequent tailing off of business, my company are unable to renew my contract.

I have two senior partners and one of them is eager for me to be rehired (possibly on a rolling monthly basis) for the next four months, as per the extended Job Retention Scheme, as it will give me a safety net as I look for other work. However, my other senior partner is cautious (as ever) and is unsure if they are legally able to keep me on and simply put me on furlough until October and then cancel any contract that is in place.

I am currently trying to provide them with details and evidence that they are not obliged to take me back on, but they are being encourage by the government to keep me in employment, rather than becoming another Universal Credit statistic. Does anyone have any links or advice that I can send on to them to help my case please?

Many thanks in advance.

Paul welcome to the communities. As you have less than 12 months service and unfair dismissal protection doesn't kick in till you achieve 2 years service then there is relatively little risk to your employer. Your employer should however be aware that the full funding of the JRS isn't guaranteed and its likely they will be expected to shoulder more of the cost fairly soon.

The danger is that you have continuous service (and even a gap and a FTC doesn't necessarily stop this if the agreement was in place prior to the gap) and accrue holiday pay etc. The continuous service issue is unlikely to be a significant one for some time.

As to if this is the Governments intention - well at times it appeared to be (as you say to slow down rise in UC claims) but hard to say now what their view is as they were somewhat surprised by numbers on scheme.

Good luck

Paul welcome to the communities. As you have less than 12 months service and unfair dismissal protection doesn't kick in till you achieve 2 years service then there is relatively little risk to your employer. Your employer should however be aware that the full funding of the JRS isn't guaranteed and its likely they will be expected to shoulder more of the cost fairly soon.

The danger is that you have continuous service (and even a gap and a FTC doesn't necessarily stop this if the agreement was in place prior to the gap) and accrue holiday pay etc. The continuous service issue is unlikely to be a significant one for some time.

As to if this is the Governments intention - well at times it appeared to be (as you say to slow down rise in UC claims) but hard to say now what their view is as they were somewhat surprised by numbers on scheme.

Good luck