Company refusing furlough

el_berto

I work for a company that employes about 300 people we are a partnership. We were told yesterday that the business is closing for 2weeks from April 3rd due to coronavirus. However they are trying to force employees to use 2 weeks holiday instead of allowing us to furlough.
We have only been given 13 days notice to take 8 days holiday which I know is not enough notice period. Any advice ?

mwarby

AFAIK there is no requirement that emoloyers furlough emoloyees, it is up to the employer wether they claim this or not. Re you holiday dispute a lot will depend on how long you've worked there as if you wanted to take that to a tribunal you'd need to have been there for 2 years

el_berto

Worked here for 15 years

calcotti

I believe employers can instruct workers when to take holiday although they should give a notice period equivalent to the holiday period, so 2 weeks holiday would require 2 weeks notice.
https://www.gov.uk/holiday-entitlement-rights/booking-time-off-

debs007

Hi everyone 
I hope you’re all coping in these trying circumstances. Up until yesterday I worked as a Legal Secretary for a solicitors. On the evening of Monday 23 March 2020, they sent out an email letting us know they had decided to take the Government’s offer of Furlough Leave, stating those who couldn’t work from home would be entitled to Furlough Leave with 80% pay. I thought that was fair and I was grateful to know I would still be employed and paid.
Yesterday morning went into work as normal only to be informed, both myself and a colleague that we were being made redundant! Can they do this? It seems extremely unfair. I have emailed the HR department again today, and have challenged the decision. Surprise, surprise no response. How can employers be allowed to treat employees like this. They are obviously cashing in on the Covid-19 situ to save a buck or two by being this unscrupulous. They could have waited until the worst is over. I just want to know what my rights are in this situation. Thank you.

timregan

I was sent home three weeks ago, along with the entire workforce on the construction project where I was working, due to the epidemic. I will be returning when the project restarts (expected to be next week). I'm employed through an agency and paid through an umbrella scheme (PAYE). The umbrella company acknowledges (verbally at least) that they could pay me and others in my position under the government's furlough scheme, but they won't. They say that they "would like" or "intend" to furlough us, but are still seeking futher clarity from the government. Their accrediting body, the FCSA, have clear published guidance confirming furlough could be paid to us, but don't seem to be pressing their accredited companies to act. I've tried to contact the FCSA a couple of times but have received no reply. Apart from the fact I am not being paid, I feel like I'm in a very strange position where my contract with my employer (the umbrella company) is meaningless - they have not terminated my employment, laid me off, paid me or in fact attempted to give me any instruction or guidance regarding my situation (the only contact we've had is in cals and emails made by me). I've spoken to another umbrella company, and they also are not paying their people. However they have apparently gathered supporting evidence and prepared submissions ready to go as soon as the "portal" opens, with a view to registering everyone as soon as possible and back-dating furlough pay.

Your comments would be most valued.

Mrsn

debs007 said:

Hi everyone 
I hope you’re all coping in these trying circumstances. Up until yesterday I worked as a Legal Secretary for a solicitors. On the evening of Monday 23 March 2020, they sent out an email letting us know they had decided to take the Government’s offer of Furlough Leave, stating those who couldn’t work from home would be entitled to Furlough Leave with 80% pay. I thought that was fair and I was grateful to know I would still be employed and paid.
Yesterday morning went into work as normal only to be informed, both myself and a colleague that we were being made redundant! Can they do this? It seems extremely unfair. I have emailed the HR department again today, and have challenged the decision. Surprise, surprise no response. How can employers be allowed to treat employees like this. They are obviously cashing in on the Covid-19 situ to save a buck or two by being this unscrupulous. They could have waited until the worst is over. I just want to know what my rights are in this situation. Thank you.

Please speak to ACAS regarding this. Redundancy can still happen even in these times however all due processes need to be followed. For future reference it would be best to start your own thread as it can get lost in other people’s and might not get the relevant answers.