Redundancy/ furlough advice please!

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Redundancy/ furlough advice please!

Postby IrenaP » Thu Jul 23, 2020 6:14 am

Hi, I need some advice re:. my husband's job. There are 2 people including him that do his job. I also work full time and we have 3 young kids. At the beginning of lockdown before the furlough scheme was announced, my husband wrote to his boss to propose a way of working in shifts so that we could split the childcare/home learning times and keep working. A week later, with the job retention scheme in place, he was furloughed. The other colleague who does not have a family was retained and took on my husband's projects. (The point here  is that my husband was not furloughed because he didn't have work to do - we believe the company was using the scheme to save money and rethink things as a number of companies did.)

Fast forward to July: redundancies were announced and  a restructure. Because there are 2 people doing his job -my husband (furloughed) and his colleague (not furloughed)- they both were interviewed for one job. My husband was told he was not successful. The person who was not furloughed  got the job.  

It was obvious that was going to be result. We believe he was disadvantaged because he was the one who was furloughed based on his family needs. Do you think there is a way to argue unfair dismissal? He has been in his job for 5 years.

NOTE Unfair dismissal according to .gov.ukSituations when your dismissal is likely to be unfair includes:
  • asked for flexible working
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Re: Redundancy/ furlough advice please!

Postby nairobi365 » Mon Jul 27, 2020 1:07 pm

I've heard of this type of situation and my son has a union dealing almost entirely with employment issues. They are flat out at the moment with the job crises happening with lockdown and redundancies.

Have a look on line at United Voices of the World. They're called UVW.
My son's name is Petros Elia but go through the general number.
You have to be a member which is approx £10pm. It can be cancelled at any time.

It definitely needs people knowledgeable in this field.
I wish you all the best.

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Re: Redundancy/ furlough advice please!

Postby Bellevuelaw » Mon Jul 27, 2020 5:29 pm

I'm sorry to hear of your husband's situation - unfortunately facing redundancy is not uncommon at the moment. We have been advising on furlough and redundancies pretty constantly since March, and have put together some tips for anyone in this position based on our recent experience on our website:
Your employment rights in a pandemic

Unfortunately we can't give individual advice on a public forum, but in general it's important to note that employers should be applying different criteria to select for redundancies than might have been appropriate to choose employees to be furloughed.

For example, it was perfectly legitimate to select employees to be furloughed where they were unable to work given the lack of childcare or due to health concerns, but selecting for redundancy on those bases would be likely to be unfair, and in some cases discriminatory.

Of course, in practice it can be difficult to know - and even more so to prove - the reason for selection, so it is important to take advice on your individual circumstances.

We know from experience that this is a very challenging time for many people - I hope this is helpful and if your husband would like to get in touch with me directly, I would be happy to speak to him.

All the best,

Florence Brocklesby
Bellevue Law
020 3432 2110
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