Furloughed during maternity leave but temp resource stays. Legal or illegal?

**ladymuck** · 14 July 2020, 13:46

Maybe the company are being nice in keeping the temp working and a new mother away from the office where she could pick up something and affect her child?

It does sound to me like they're effectively keeping two people paid at a difficult time for jobs when they could let one go.

No idea if its legal or not. I suspect there isn't much precedent set over that yet.

**mjcp** · 14 July 2020, 13:55

Have her terms changed as a result?

When was she due to return to work, has this changed as a result?

Is any of this in writing? - If so, keep it. If not, get it and then keep it. Even if its a quick email along the lines of "Dear Boss, Just to confirm our conversation the other day... you said X, I said Y"

Does she have a union? If so, speak to them.

Do they have legal cover through insurance (home / other policy)? - relevant as they may need to informed / take their advise before she goes any further, otherwise they may say tough later on.

M

**northernladuk** · 14 July 2020, 14:04

Sounds like a win win all round to me. What's the issue here?

**rik sherman** · 14 July 2020, 14:06

I'm guessing here. Is the issue that she's getting 80% pay as furlough?

**PCTNN** · 14 July 2020, 14:10

The issue seems to be that they are planning on letting her go (according to her but I'm not sure if they told her that already) and give her job to the person that was hired to cover during her mat leave.

**ladymuck** · 14 July 2020, 14:22

Originally posted by PCTNN View Post

The issue seems to be that they are planning on letting her go (according to her but I'm not sure if they told her that already) and give her job to the person that was hired to cover during her mat leave.

Now that's completely different to the original scenario and there's very clear legalities around it.

Maternity leave - your options when it ends - Citizens Advice

**PCTNN** · 14 July 2020, 14:27

SCRATCH EVERYTHING. Just spoke to my partner. She didn't give me the exact details (or more likely, I did't get them right)

My partner's friend had been back from maternity leave for a couple of months; so there was the 2 of them (her and the temp resource/cover) both working full time for these couple of months.

Only that NOW, my partner's friend has been put on furlough (and probably will be let go), while the temp resource is being kept working full time.

**northernladuk** · 14 July 2020, 15:07

Originally posted by PCTNN View Post

SCRATCH EVERYTHING. Just spoke to my partner. She didn't give me the exact details (or more likely, I did't get them right)

My partner's friend had been back from maternity leave for a couple of months; so there was the 2 of them (her and the temp resource/cover) both working full time for these couple of months.

Only that NOW, my partner's friend has been put on furlough (and probably will be let go), while the temp resource is being kept working full time.

Now that isn't right. She can't be sacked/let go without a reason and they can't make her position redundant if someone else is doing it.

I also thought it's too late to be put on furlough now?

Raises more questions about what reason they will use to let her go and all that but as this is another drip feed thread I'd suggest she goes and has a consultation with an employment lawyer fairly promptly. It's going to be about the details and those are in short supply here.

BTW.. They must have cojones of steel to think they can get rid of a new mother straight after maternity in the middle of an epidemic... or are bordering on incompetent. Should be easy to sort out.

**NeedTheSunshine** · 14 July 2020, 17:44

Originally posted by PCTNN View Post

SCRATCH EVERYTHING. Just spoke to my partner. She didn't give me the exact details (or more likely, I did't get them right)

My partner's friend had been back from maternity leave for a couple of months; so there was the 2 of them (her and the temp resource/cover) both working full time for these couple of months.

Only that NOW, my partner's friend has been put on furlough (and probably will be let go), while the temp resource is being kept working full time.

It depends how long she has worked there. If it's less than 2 years she has no rights.

Furloughed during maternity leave but temp resource stays. Legal or illegal?