Employer trying to backdate Furlough leave

KGoepel

I was made redundant due to Coronavirus on Monday 16th March and after working for the rest of the day was on gardening leave. A week later I was emailed and asked to call the MD. He then during a telephone conversation explained if I would like to continue my employment I could be a furloughed worker. I agreed to this and today received a letter I am being g asked to sign and return confirmed furlough leave but it is backdated to 1st March! Surely this is wrong, surely I could only be furloughed from 16th March? Do i have to sign this letter? Can they withdraw offer of furloughed status if I ask for it to be amended? I am very very anxious about this it feels as if it should be illegal and I don't want to inadvertently do anything wrong.

sliphi

KGoepel said:

I was made redundant due to Coronavirus on Monday 16th March and after working for the rest of the day was on gardening leave. A week later I was emailed and asked to call the MD. He then during a telephone conversation explained if I would like to continue my employment I could be a furloughed worker. I agreed to this and today received a letter I am being g asked to sign and return confirmed furlough leave but it is backdated to 1st March! Surely this is wrong, surely I could only be furloughed from 16th March? Do i have to sign this letter? Can they withdraw offer of furloughed status if I ask for it to be amended? I am very very anxious about this it feels as if it should be illegal and I don't want to inadvertently do anything wrong.

You cannot be on gardening leave if you were made redundant by that employer.

You cannot continue your employment if you have been made redundant.

Yes that would indeed be wrong.

Presumably when you were made redundant, you were paid for the work you carried out up until that redundancy (together with any other payments due such as pay in lieu of notice, redundancy pay, etc)

Jeremy535897

The guidance to employers concerning employees made redundant is as follows:

"If you were made redundant or stopped working for your employer after 28 February 2020

Your employer can agree to re-employ you and place you on furlough. They’ll still be able to claim a grant to cover 80% of your regular wages, up to a monthly cap of £2,500 if you were on your employer’s PAYE payroll on 28 February 2020."

I suspect that the date of 1 March is simply a mistake. Claims can be backdated to 1 March in some circumstances, but the guidance makes it clear that you don't backdate into a period that you were working. You also need to ask about the implications if you have already received redundancy pay etc.

KGoepel

Jeremy535897 said:

The guidance to employers concerning employees made redundant is as follows:

"If you were made redundant or stopped working for your employer after 28 February 2020

Your employer can agree to re-employ you and place you on furlough. They’ll still be able to claim a grant to cover 80% of your regular wages, up to a monthly cap of £2,500 if you were on your employer’s PAYE payroll on 28 February 2020."

I suspect that the date of 1 March is simply a mistake. Claims can be backdated to 1 March in some circumstances, but the guidance makes it clear that you don't backdate into a period that you were working. You also need to ask about the implications if you have already received redundancy pay etc.

Not received any redundancy pay , I have effectively cancelled refundundancy and continued employment to be furloughed. I will have to ask the date to be amended to the correct date. Thank you for your help.

Jeremy535897

I don't think there's anything sinister, just a mistake. You will no doubt appreciate that they may just make you redundant when the job retention scheme ends.

sliphi

KGoepel said:

Jeremy535897 said:

The guidance to employers concerning employees made redundant is as follows:

"If you were made redundant or stopped working for your employer after 28 February 2020

Your employer can agree to re-employ you and place you on furlough. They’ll still be able to claim a grant to cover 80% of your regular wages, up to a monthly cap of £2,500 if you were on your employer’s PAYE payroll on 28 February 2020."

I suspect that the date of 1 March is simply a mistake. Claims can be backdated to 1 March in some circumstances, but the guidance makes it clear that you don't backdate into a period that you were working. You also need to ask about the implications if you have already received redundancy pay etc.

Not received any redundancy pay , I have effectively cancelled refundundancy and continued employment to be furloughed. I will have to ask the date to be amended to the correct date. Thank you for your help.

What do you mean by " I have effectively cancelled refundundancy and continued employment"

Do you mean you convinced your employer to retract your redundancy notice, and you agreed to that retraction???

In which case, why did you open this thread with "I was made redundant ..."???

Advice given can only be based on the circumstances you tell us.