Temp Agency will not Furlough 77 year old employee

BHWiltshire

Wondering if someone can help with a Job Retention Scheme question?

My Dad who is i his late 70s has had to self-isolate. He normally works for an agency as a temp chef.

We have requested that they furlough him in line with the government guidlines but at present they will not do this.

Their reason is that he was not on a long term contract with one of their clients and is therefore not eligible.

My understanding is that they are his employer (he is paid via PAYE) and so it is down to them to furlough him and not their end client.

This is from a letter they have provided us:
"End clients will have to write to us to confirm that they wish us to furlough all or some of their temporary workers."

Is anyone able to provide some advice regarding this at all as I'm not sure where we stand now.

SuperWizard

Yes, agencies are the "deemed employer" so they are responsible for furlough — not the end client. I can't post links yet, but look at the updated guidance for employers claiming for the CJRS on GOV.UK and there's a section explicitly for agency workers.

The end client has no involvement in furlough — it is a decision purely between the agency and their employees/workers.

whizzywoo

It is at the employer's discretion to furlough their staff.  It looks as if this temp agency is using a criteria of their clients not needing staff before they will furlough.  I don't think there is anything you can do about it, except maybe get the end client to write to the agency saying they do not need him.