Furlough

donnav

My partner's boss has written to him to say he isn't entitled to be paid furlough despite working there for almost 3 years.  The reason they give is because he had an unauthorised absence the day Boris announced we was to be in lockdown.  His work was open for business on the Tuesday and then shut down on the Wednesday they aren't keyworkers as they are a bathroom distribution company.  All the other employees have been granted furlough.  What can we do to resolve this please.

Jeremy535897

It is entirely at the employer's discretion as to whether they use the job retention scheme, but if they do, they have to abide by normal employment law, including discrimination and equality legislation, when deciding who to furlough. The reason given may be a disciplinary matter, but does not affect whether his employer can furlough him or not. I am not clear whether they are requiring him to work, which may be a discrimination issue, or whether they are sacking him, which may be an unfair dismissal issue if the disciplinary procedures have not been followed, or are making him redundant, and again the reason given may be discriminatory.