Laid off - is it legal?

[Han789]

Hello all. I work as management in a restaurant, and almost two weeks ago now was ‘laid off’ without pay due to Coronavirus. I am salaried and on contracted hours. They did say I could continue working on much less hours and minimum wage, however are now ignoring me. This would be a drop in salary of around £15,000. I asked a friend who looked at my contract and said this isn’t legal, as there is no ‘flexibility clause’ in my contract that allows them to lay me off or enforce short term working, although they could likely dismiss me with notice (which they haven’t done). Does anyone have any thoughts? Is this a breach of contract? I am very understanding of the circumstances, but also feel strongly that they are using Coronavirus as a cover (the restaurant is quite new and isn’t as busy as they had hoped) as 2 weeks ago we didn’t know it would escalate as it has. Would really appreciate any advice. Thank you.

How long have you worked there?

You should get a weeks notice if you've worked for a month - 2 years. Under a month no notice.

No it's not legal - what's the notice period in your contract?

I’ve only worked there for 3 months, so notice period is one week.

If you’ve only worked there such a short time I don’t believe you have any rights. Pretty sure employment law only kicks in after 2 years.

won’t you still be in probation at 3 months anyway?

I am still in probation, however my contract still states I am owed a weeks notice. I think the problem is, they haven’t dismissed me, just ‘laid me off’ which I believe you can only do if it outlines it in your contract, which it doesn’t. Now they aren’t even responding to me about any shifts, so I’m not even getting the minimum wage they then promised. I’m not sure if I have rights, things I have read seem to indicate that a breach of contract can occur at any time and that I have rights to fight it. I’m just really not sure!

They can’t do it without consent. So they could seek your consent, confirming that the alternative will (presumably) be termination, and in that case you might well agree, but imposing it is a breach of contract and you would have a claim for non payment of wages.

Sorry to hijack the thread.
My DC has worked for the same employer for 8/9 years but on a zero hour contract. Meeting with staff tomorrow and she's expecting the worse as the staff with permanent contracts will come first.
Notice is mentioned in her contract but am I right in thinking that they just don't give her any hours until things improve?

I think you are right. I’m really sorry for her, it’s a horrible situation for everyone. I really feel for all of these small businesses trying to survive, but also feel strongly they need to be lawful in their actions.

In your case they would be lawful to just dismiss you given under two years service so anything above that is a bonus really

You could ask them to reinstate you and pay you 80% on the CV Job Retention Scheme and then they claim it back.

The Government are asking that employers do that rather than lay off

Hello. When I questioned them, they did go ahead and dismiss me. Not ideal, but I understand I can’t do much about it at all! I was supposed to receive my final pay yesterday however and they paid me 20% of my pay, notice pay and outstanding holiday pay, saying they had to claim the other 80% from the government... which they can’t do as they dismissed me. All a big mess but It is clear the restaurant owners are clueless and I’m not going to get what is owed to me without a fight!