Keeping you informed during the Coronavirus (COVID-19) Crisis
The safety of staff is paramount for the majority of businesses during the recent coronavirus crisis - many of you are now working in a totally different way, either working from home or on furlough leave and there are a wide variety of options available to your employer on what to do during the crisis. Some areas, such as the hospitality industry have been hit harder than others and employees face losing their jobs.
But as an employee, no matter what size of business you work for this is a confusing time, if your employer has said they would be looking at laying you off or making redundancies it may be useful to point them towards the furlough scheme and here is some information which may be of use to you. Of course there is nothing better than a chat with one of our team about your situation and we would always advise you to call us on 0161 785 3500.
To (Name of Employer)
Re: My lay off
You told me that I was laid off/made redundant (delete as necessary) on _____________. I referred at the time to the Furlough Scheme offered by the Chancellor Rishi Sunak, however you said that rather than furloughing me you were laying me off/making me redundant (delete as required). I request you consider this again for the following reasons:-
- If you furlough me rather than lay me off/make me redundant (delete as appropriate), you will be able to claim back 80% of my wage costs and your auto-enrolment contributions plus employers national insurance contributions up to £2,500 per year. [I confirm I am willing to accept 80% of my salary during a furlough period due to the current climate we are in].
- Please see the link below to how you can furlough me and claim back on the Job Retention Scheme. I confirm that I [would not] [ would] agree to defer the furlough payments until these are received by you once the HMRC portal is set up.
- I understand you as the employer should be able to obtain a loan to cover these wage costs and the government is requiring that employers make these payments and then reclaim the grant OR I confirm that I would defer the payments until you receive from HMRC.
On the basis of the above information and as I was an employee and on PAYE at the 19th March 2020, I request you reconsider your decision to lay me off. In the event that you do not, I reserve my legal rights in this regard, as I believe that if you lay me off rather than furlough me without an express clause in my contract then you are in breach of my employment contract. Also I believe that I may have a claim for unlawful deductions from wages and/or unfair dismissal should you make me redundant without considering furlough (delete if you are not threatened with redundancy)
I look forward to hearing from you.
Updated almost daily we are providing all employees with information and updates on how you might be affected by the situation. You may be afraid you will eventually lose you job, you may be on furlough leave and not really understand it, or you may just want advice - check our our blogs and information or call us for help and advice and speak to Victoria Schofield our specialist employment solicitor.
For further help and advice on any area of employment law contact our team on 0161 785 3500.