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Furlow entitlement

My mum is 77 and she is a senior residential home carer. Yesterday she was informed  by the management that she must self isolate because of the government advisory comments of her age. This was not her choice and she is more than prepared to work.. her employer has informed her she will not get paid or be eligible for the 80%government grant towards her wages as the residential home is still up and running and her job is still available although not to her.. 
She obviously gets state pension, would this affect the furlow application?
1. What's her rights?
2. As she was instructed to self isolate should she be entitled to the 80% contribution from her employer.
3. Can she refuse to stay off and insist on working?
As mentioned she is off at no choice of her own,  surely her employer must therefore apply for the furlow. 

They are purely going on her age and government advice, and although there is another person there who is pregnant they have decided to keep her on.. surely there not continuity towards the government advice as they advised all pregnant women to self isolate. 

Your advice would be much appreciated



Comments

  • rmsc3r
    rmsc3r Posts: 8 Forumite
    First Post
    Can she apply for statutary sick pay? Or universal credit?
  • Galloglass
    Galloglass Posts: 1,288 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 31 March 2020 at 12:36PM
    Seems like constructive dismissal and age discrimination. The latter can be very expensive for the care home. The "advisory" is just that. It does not rewrite contracts.

    Suggest she raises a grievance with them and then contact ACAS. See my signature.
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  • yksi
    yksi Posts: 1,025 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Furlough is only when the work isn't available to be done, so they can't furlough her.
    What Galloglass said - she has a contract and they can't randomly decide to dishour it if the work is still there and she's prepared to work.
  • sharpe106
    sharpe106 Posts: 3,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The government advice is for all overs 70 to say at home for a good reason,basically they are the most likely to die. Also in an old peoples home if one person gets it everyone will get it, look at Spain and Italy. If that was mum I would be telling her to forget about her rights and apply for SSP. One battle you probably do not want to win. 
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