Company not letting me work or furlough

gas12345

I've recently been told to shield during the Covid-19 crisis. My employer is saying that they can not furlough me and I will have to get SSP, they are not allowing me the option to
work from home but are allowing the other people in my company who do the same job role. They have furloughed two other people who do different roles. Surely this can't be right. They have said that the other people who are working from home can come into the office if needed, which i know they won't. They have also said as my job is not at risk i can not be furloughed. Has any one got any advice on this? 

gary83

How long are you planning to shield for? Furlough is not intended for those that need or want to stay at home for medical or childcare reasons, the criteria to be eligible ;

If you and your employer both agree, your employer might be able to keep you on the payroll if they’re unable to operate or have no work for you to do because of coronavirus (COVID-19). This is known as being ‘on furlough’.


https://www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronavirus-job-retention-scheme

sharpe106

Who they chose to furlough is up to them. 

gas12345

I have been told to shield for three months. I understand that, on the governments own website it states that people who are shielding are eligible. It does seem pretty unfair being told i am unable to work from home yet they allow other people to work from home and also put other members of staff on furlough. 

unforeseen

They can't furlough you but, if they wish, they can allow you to work from home. If they expect at some point to bring people back into work then their stance is understandable. This is their choice. Otherwise its SSP.

Andy_L

unforeseen said:

They can't furlough you but, if they wish, they can allow you to work from home. 

"Employees who are shielding in line with public health guidance can be placed on furlough."

The only reason I can think for them not doing it is that they don't have the cash flow  to pay you the 80% salary for the 2 months it takes before the government money comes through

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

calcotti

unforeseen said:

They can't furlough you but, if they wish, they can allow you to work from home. If they expect at some point to bring people back into work then their stance is understandable. This is their choice. Otherwise its SSP.

I don’t believe someone who is shielding is eligible for SSP. If needed look at eligibility for Universal Credit https://www.citizensadvice.org.uk/benefits/universal-credit/. 

There are online calculators to help you assess entitlement  https://www.gov.uk/benefits-calculators

Be aware that claiming UC will end any Tax Credits, Housing Benefit or other means tested benefits you currently get. If you are getting these try and check your entitlement before deciding whether to claim UC.

You will be excluded from UC if you have savings over £16,000.

You may also be able to claim Council Tax Reduction from your local council

unforeseen

calcotti said:

unforeseen said:

They can't furlough you but, if they wish, they can allow you to work from home. If they expect at some point to bring people back into work then their stance is understandable. This is their choice. Otherwise its SSP.

I don’t believe someone who is shielding is eligible for SSP. If needed look at eligibility for Universal Credit https://www.citizensadvice.org.uk/benefits/universal-credit/. 

They can

Initially, there was some debate over whether those without symptoms who are advised to self-isolate would be eligible for SSP. On 12 March 2020, the Government made the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020. The Regulations now make clear that qualifying employees who isolate themselves on the basis of advice published by Public Health England (or the devolved health authorities) will be entitled to SSP.

Credit: https://commonslibrary.parliament.uk/social-policy/health/coronavirus-employment-rights-and-sick-pay/

calcotti

unforeseen said:

calcotti said:

unforeseen said:

They can't furlough you but, if they wish, they can allow you to work from home. If they expect at some point to bring people back into work then their stance is understandable. This is their choice. Otherwise its SSP.

I don’t believe someone who is shielding is eligible for SSP. If needed look at eligibility for Universal Credit https://www.citizensadvice.org.uk/benefits/universal-credit/. 

They can

Initially, there was some debate over whether those without symptoms who are advised to self-isolate would be eligible for SSP. On 12 March 2020, the Government made the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020. The Regulations now make clear that qualifying employees who isolate themselves on the basis of advice published by Public Health England (or the devolved health authorities) will be entitled to SSP.

Credit: https://commonslibrary.parliament.uk/social-policy/health/coronavirus-employment-rights-and-sick-pay/

That depends on whether shielding is self-isolating. I don’t believe it is. If it was was the government would surely have allowed businesses to recover the costs of SSP for twelve weeks, not just two.

unforeseen

Shielding is isolating on the strong advice of PHE and is covered. There is nothing in the amendment that precludes it

isolating himself from other people in such a manner as to prevent infection or contamination with coronavirus disease, in accordance with guidance published by Public Health England, NHS National Services Scotland(2) or Public Health Wales(3) and effective on 12th March 2020; and

(ii)by reason of that isolation is unable to work.”

I should have included the previous paragraph as well as it puts it into context

On 16 March, the Prime Minister also announced that those with serious health conditions will soon be advised to “largely shield [themselves] from social contact for around 12 weeks.”

Initially, there was some debate over whether those without symptoms who are advised to self-isolate would be eligible for SSP. On 12 March 2020, the Government made the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020. The Regulations now make clear that qualifying employees who isolate themselves on the basis of advice published by Public Health England (or the devolved health authorities) will be entitled to SSP.

Bradden

Is there a difference between shielding and self-isolating or is it just semantics?