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

[VelcroPower]

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.

So she had not been furloughed prior to a week or so ago?

If that's the case then she actually can't be furloughed. Only employees that have served a previous period of furlough leave can be furloughed from the 1st July. She would have had to have been furloughed no later than the 10th June.

Coronavirus Job Retention Scheme: 10 June cut off and 'flexible furloughing' from July - Osborne Clarke | Osborne Clarke

[PCTNN]

New person probably better (or hotter) and want old mony face out the door, company will probably say new person is in different role etc

That's what I think is happening too: company wants to get rid of the woman with child because her focus is now "obviously" on the child rather than the company, and wants to keep the man who will never be distracted by this sort of things. It's a small city so wouldn't be a big surprise.

Difficult for the company to say the new person is in a different role given it was clearly advertised as a maternity cover with exact same responsibilities.

[Old Greg]

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

She has protection from discrimination, which this may or may not be.

[GhostofTarbera]

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.

New person probably better (or hotter) and want old mony face out the door, company will probably say new person is in different role etc


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[GigiBronz]

every situation should be dealt with calm and an open mind.

if that company is acting like this it could be that it is doing her a favour. I would try and get a settlement out of it but focus on finding a new role in the meanwhile.
Life is too short to spend it between narrow minded people. Depends on the job but it should not be seen as only a mean to put food on the table.

Alternative is she goes on benefits, up-skills herself and change her life in a way that she couldn't before. With more considerate changes in lifestyle her finances might end up the same.

[mudskipper]

Before you start consulting lawyers, speak to ACAS for advice

Acas | Making working life better for everyone in Britain

Or rather get her to, as she knows the detail of the situation

[PCTNN]

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

She's worked there for more than 5 years.

I see it going in 2 ways: the company keeps her on furlough and brings her back full time in x weeks/months.

Or the company makes her redundant, in which case she'll bring them to court where they'll get destroyed.

It's a small company in a small city so I hope they understand the power of word of mouth.

[NeedTheSunshine]

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.

[northernladuk]

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.

[PCTNN]

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.

[ladymuck]

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]

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.

[rik sherman]

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

[northernladuk]

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

[mjcp]

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