Furloughed? Has your employer followed the correct legal process?

Did you know you may have been furloughed incorrectly? Your employer should have done two things:

1. Get your written agreement to be furloughed
2. Get your written agreement to receive a reduced salary during furlough

If your employer has failed to do any of the above they may have breached your contract of employment and you might be able to bring a claim for an unlawful deduction of your wages and get furlough compensation.

 

Frequently asked questions about furlough compensation

 

How can I check if I am due any furlough compensation?

We can evaluate if you have a claim, with no obligation on you. All you have to do is fill in the form on this page and we will get in touch with you to discuss your circumstances and check if you have a claim.  It is entirely free to check if you have a claim.

How much compensation will I get?

If you have been furloughed on less than your full salary, you might be able to claim for the balance of 20% if your employer has not followed the correct legal process and your employer has breached your contract of employment. You can bring a claim and be compensated for an unlawful deduction from your wages.  

For example, you usually take home £1,000 per month. However, you have been furloughed on 80% salary for 3 months. You have a potential claim for £200 x 3 months = £600.00.

If I have a claim, what do I do?

You will have a claim in the Employment Tribunal. We can arrange for a solicitor and barrister to represent you. If there is a potential claim, they can take it forward for you, contact ACAS, draft the claim form and make sure it gets to the Employment Tribunal. However, there is no obligation for you to do so. If you find out you have a claim but don’t want to bring a claim that is entirely your choice.

Will it cost me anything?

The process will operate on a “no win, no fee” basis for any claim that you bring. If you win or your case settles, the solicitors and barristers involved in your case will charge you a percentage of any salary awarded. If you do not receive anything, there will be nothing for you to pay, guaranteed.

Before the lawyers can represent you, you will need to sign an agreement setting out the level of the percentage that you will have to pay if you win or settle your case.   

Can I still bring a claim if I am still employed by my employer?

The law allows employees who are still employed to bring an unlawful deduction of wages claims if the employer fails to pay contractual salary. As an employee bringing such a claim, the law protects you from being treated badly or being dismissed as a result.

Are there any time limits?

Time limits in the Employment Tribunal are very strict. Usually, you will have only 3 months from the date of your last payslip to bring a claim. So, don’t delay, and submit your details to get a free, no obligation assessment.

What do I have to do?

Simply fill in your details in the form on this page.  Once you have completed the form, your case will be logged on our portal.  We will then consider your details and contact you to discuss your case, with no obligation or cost to you.

Our portal enables us to contact you, and you to contact us.  It is all secure and confidential.  We do not need to contact your employer to assess your claim.

Why should I follow this process?

This is a worrying and stressful time for everyone, particularly if you are unsure about your rights, your income, and your employer’s conduct.  We aim to alleviate some of that worry by putting your work concerns in the hands of Employment Law experts.

References

Government on Coronavirus Job Retention Scheme

ACAS Coronavirus (COVID-19): advice for employers and employees

Citizens Advice – Coronavirus Job Retention Scheme

Novate Direct Legal Solutions – Employment Services For You

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