Company Refusing to Furlough

Bill_Shakespeare

Hi all,

I work for a huge multi-national company who are refusing to furlough me. Due to my circumstances I currently live with my parents, one of whom is 76 but not classed as high risk. However I have still taken the decision to stay at home in order to protect them.
I’ve been allowed to have time off so far by exhausting my entire holiday allocation for the year then after that I have to take unpaid leave.
I sent them Martin’s recent post about urging companies to furlough rather than making them take it unpaid.
This was their response:

******  will only consider the CJRS for employees who we are unable to provide work to as a result of the Coronavirus.  For example, roles which must be performed in a specific location which has been closed due to Coronavirus and the employee is unable to do the work anywhere else or roles where employees provide a service to consumers and consumers are no longer available to connect with.

 

The CJRS will not be applied to employees in situations where work is available, but the employee is not able or willing to do it; e.g. those with childcare challenges, those with household members who are vulnerable, those who don’t wish to attend work for fear of contracting the virus.  These situations should be managed in line with HR and the appropriate ****** guidelines on each circumstance.”

They’re currently covering my shift with overtime. So is there any reason why they’d force me to take it as unpaid rather than furlough me?

Thanks in advance. 

Jeremy535897

If there is a job for you to do, and there clearly is, as someone else is doing overtime to do it, I understand their position. Furlough is not a right. Employers do not have to furlough employees.

Bill_Shakespeare

Jeremy535897 said:

If there is a job for you to do, and there clearly is, as someone else is doing overtime to do it, I understand their position. Furlough is not a right. Employers do not have to furlough employees.

I understand that. But if they’re allowing me to have unpaid leave, what difference does it make to them whether they furlough me or not? Genuinely asking as I don’t know too much about it. But does it cost them to do that?

LauraP100

I guess they don't want to risk everyone wanting to go on furlough rather than work.

Andy_L

Bill_Shakespeare said:

Jeremy535897 said:

If there is a job for you to do, and there clearly is, as someone else is doing overtime to do it, I understand their position. Furlough is not a right. Employers do not have to furlough employees.

I understand that. But if they’re allowing me to have unpaid leave, what difference does it make to them whether they furlough me or not? Genuinely asking as I don’t know too much about it. But does it cost them to do that?

They have to pay your salary and then claim it back. AIUI thats looking like a 2 month delay (the website to do it via is not even up & running yet), they may not have the cash reserves to pay you that long 

Undervalued

Bill_Shakespeare said:

Jeremy535897 said:

If there is a job for you to do, and there clearly is, as someone else is doing overtime to do it, I understand their position. Furlough is not a right. Employers do not have to furlough employees.

I understand that. But if they’re allowing me to have unpaid leave, what difference does it make to them whether they furlough me or not? Genuinely asking as I don’t know too much about it. But does it cost them to do that?

As Andy_L has said above plus, given how many grey areas there are about entitlement, many employers are nervous about getting it wrong and finding out months down the line that they won't get the money back.

F10naRed

The response from the company is pretty clear that your role is not impacted and is still required. Due to this they cannot furlough you as they are unable to claim for your role from the government. The fact they have given you unpaid leave is good for you but not relevant to furlough.

Bill_Shakespeare

Thanks guys, I appreciate your help.