Boss refusing to use furlough

Haymo04

 what rights have we got if our boss doesnt put us on furlough?  we only build Motorhomes so it's not essential work and we are rarely 2 metres apart. The boss says he cant afford to pay 5 of us 80% wages because he doesnt know how long it would take for the government to reimburse the company so leaves us with 2 choices work for normal pay or be off of work unpaid 🤦‍♂️

selina2000

Haymo04 said:

 what rights have we got if our boss doesnt put us on furlough?  we only build Motorhomes so it's not essential work and we are rarely 2 metres apart. The boss says he cant afford to pay 5 of us 80% wages because he doesnt know how long it would take for the government to reimburse the company so leaves us with 2 choices work for normal pay or be off of work unpaid 🤦‍♂️

Under H&S regulaations, it is incumbant on each employee to not work if it is unsafe to do so.

Have a meeting with your employer, maintaining the 2m safe distance at all times, and explain the issues and demand your employer acts to allow you to work safely.

If your employer is unable to provide you with safe working conditions, he will need to shut it down until he can do so.

His options then are to either make you redundant or take advantage of the new  Coronavirus Job Retention Scheme, and furlough you. (or send you home on full pay, which you say he says he can't)

sharpe106

The furlough is a voluntary scheme for business so as an employee you have no right to it. As your boss has already decided he can’t afford to pay you and claim it back then you would have to look at other options.

At the moment you have very little rights if the company wants to carry on trading, you could try the health and safety route but I would think all would come from that is new working practices. Like it has for millions of other workers.

7Phil

Haymo04 said:

 what rights have we got if our boss doesnt put us on furlough?  we only build Motorhomes so it's not essential work and we are rarely 2 metres apart. The boss says he cant afford to pay 5 of us 80% wages because he doesnt know how long it would take for the government to reimburse the company so leaves us with 2 choices work for normal pay or be off of work unpaid 🤦‍♂️

Your business has not been ordered to close. The list of business that have are published on the gov website but mainly are only pubs, clubs, restaurants, retail shops that sell non-essential items, leisure centres, theatres, gyms etc (mostly just things where public gather in).

You cannot force your boss to furlough you or have a right to demand it. If he is not furloughing employees now or at all then you need to carry on working in the same way but while observing social distancing and staying hygienic as per guidance. Your boss is responsible for your OH&S and must provide all the equipment you need to work in a safe environment. You have a right to expect him to provide that for you. If you have concerns and your boss dismisses them, you can bring a claim against him for that - but I suggest working co-cooperatively with him will be your best option.

This advice assumes that you are not self-isolating, have no symptoms and otherwise aren't caring for someone that does - in that case you may need to stay at home and seek SSP.
Things change on a day to day basis so keep watching - but otherwise unless the govt has ordered your work to close then it's business as usual for the most part.

calcotti

See https://commonslibrary.parliament.uk/economy-business/work-incomes/coronavirus-job-retention-scheme-how-will-it-fit-with-employment-law/

https://www.acas.org.uk/coronavirus/if-the-employer-needs-to-close-the-workplace