Shielding and furlough advice needed

wweb1701

Hi hope someone can help, my husband is shielding due to a transplant, but his work wont put him on furlough only ssp as the company he works for is still open (well known high street store). He doesn't qualify for sick pay as he's been employed 14 months and doesn't hit their 2 year qualification period. Is there anything that can be done? He's having to use his years holiday so bill's can be paid and this will mean that he will get no rest once he returns. I really dont believe that saying his store is open stops them furloughing him especial when half of the company has already been furloughed I.e. head office etc.. if anyone can help I would really appreciate it.

Mrsn

Furlough is at the companies discretion unfortunately, they can pick and choose who they wish to furlough.

If he doesn’t qualify for SSP then you might have to look at universal credit in order help with finances. You can also speak to your local council regarding schemes that they are running in order to help with council tax etc.

Sorry this is probably not what you wanted to hear.

wweb1701

I totally understand it's a company discretion, but cant understand why they don't especially when the Government have told to protect himself, if he goes to work so we can pay bills and then he gets unwell it's going to cost more to the NHS than just furloughing him. For a company to not protect these employees and they know it more than likely put them in hardship is very sad. It doesn't cost the company anything as the government pay the 80% so why? 

poppy12345

If work is available furlough won't be offered because that's not what furlough is about.

Universal Credit maybe an option providing you don't have savings/capital of more than £16,000. If you're claiming tax credits then a claim for UC will end that and you won't be able to claim tax credits again in the future.

Try a benefits calculator. https://www.entitledto.co.uk/

Theseconddeebo

In the article on this site on furlough it includes the following advice (not allowed to post links in the forum):

Employers CAN furlough those who can't work due to shielding in line with health guidance. There's much confusion over this. Employers have discretion to chose to furlough someone via the Coronavirus Job Retention scheme, but some are wrongly turning down requests thinking they're not allowed.  

Nothing in the guidance prevents furloughing in these cases, yet as employers are nervous, to help Martin tweeted the Chancellor for clarification, and got back an OFFICIAL statement via the Treasury:

"Employees on sick leave or self-isolating should get statutory sick pay, but can be furloughed after this. Employees who are shielding in line with public health guidance can be placed on furlough."

Undervalued

Theseconddeebo said:

In the article on this site on furlough it includes the following advice (not allowed to post links in the forum):

Employers CAN furlough those who can't work due to shielding in line with health guidance. There's much confusion over this. Employers have discretion to chose to furlough someone via the Coronavirus Job Retention scheme, but some are wrongly turning down requests thinking they're not allowed.  

Nothing in the guidance prevents furloughing in these cases, yet as employers are nervous, to help Martin tweeted the Chancellor for clarification, and got back an OFFICIAL statement via the Treasury:

"Employees on sick leave or self-isolating should get statutory sick pay, but can be furloughed after this. Employees who are shielding in line with public health guidance can be placed on furlough."

Yes but Martin or the "Official" at the Treasury won't be the ones left with the bill if HMRC, months down the line, decides an employer interpreted a grey area incorrectly!

sharpe106

The criteria for furloughing

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

The original part

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’. Your employer could pay 80% of your regular wages through the Coronavirus Job Retention Scheme, up to a monthly cap of £2,500.

There is nowhere that says shielding is a criteria for furloughing by itself.

Theseconddeebo

sharpe106 said:

There is nowhere that says shielding is a criteria for furloughing by itself.

The link you've just posted includes the following under "check if you're eligible".  Looks to me like it can be used for it, an interpretation backed up by the MSE article quoting the tweet to the chancellor. 

If you’re on sick leave or self-isolating because of coronavirus (COVID-19), speak to your employer about whether you’re eligible - you should get SSP while you are on sick leave or self-isolating, but can be furloughed after this.

If you are shielding in line with public health guidance or required to stay home due to an individual in your household shielding and are unable to work from home, then you should speak to your employer about whether they plan to place staff on furlough.

If you are unable to work, including from home, due to caring responsibilities arising from coronarivus (COVID-19), such as caring for children who are at home as a result of school and childcare facilities closing, or caring for a vulnerable individual in your household, then you should speak to your employer about whether they plan to place staff on furlough.

sharpe106

Exactly if they are furloughing staff there is nowhere that states it is a reason by itself. 

Theseconddeebo

Right but the other side of the coin is, they can furlough staff for that reason alone. That can be 1 person or the entire workforce. 

Imhotep1989

Hi,

I am in a similar position, though my workplace is still operating as normal. It's already been confirmed by the government that staff can be placed on furlough who need to shield, but it's at the employers discretion. I think it was Martin who stated that employers have a moral obligation with this, however this is not enough as there are more immoral employers than moral ones. Hopefully there will be some legal guidance issued at some point. The closest I could find was that ACAS have stated that an employer needs to take extra steps and be extra careful for anybody in the workforce who is in a vulnerable group, and it has been stated that the CJRS must be applied in a fair manner. As there doesn't seem to be much law around this, the only thing I can suggest is document everything, letters, requests, emails etc and the steps you have taken and where you have been refused extra measures/furlough as the guidance seems to change every few days. What's classed as acceptable now may not be in a few months time.