Employer wants to only pay SSP but we have been furloughed as well

[Deleted User]

Hi guys,
I am after some advice to do with my work. Hopefully I'll be able to explain the situation. I am employed by a childcare provider. My boss tried to stay open for key worker children but in the end couldn't do it for various logistical reasons. We were due to allegedly open for key children on a Monday, and on the Sunday afternoon she sent an email saying that if we didn't feel comfortable working or if we were at risk we needed to tell her and we would have to self isolate for two weeks. We would be put on SSP immediately for the two weeks. A lot of us felt very scared and confused and also had family members "at risk" so we told her we would self isolate. Late Sunday night we get another email saying that she was shutting everything down for the forseeable future and everyone would be furloughed. However those who had emailed about self isolating, would only be paid SSP for those first two weeks. My question is can she do that even though she will be claiming 80% of our salary from the government? I hope it makes sense and if not I can try and elaborate a bit more. Thanks.

Comms69

I'm confused why you would self isolate for 2 weeks? What would that achieve?

prowla

The furlough scheme is detailed at

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

The employer cannot claim furlough and only pay SSP.

You can claim back from both the Coronavirus Job Retention Scheme and the SSP rebate scheme for the same employee but not for the same period of time.

Claims should be started from the date that the employee finishes work and starts furlough, not when the decision is made, or when they written to confirming their furloughed status.

The employer could convert those self-isolating on SSP to furlough.

Short term illness/ self-isolation should not be a consideration in deciding whether to furlough an employee. If, however, employers want to furlough employees for business reasons and they are currently off sick, they are eligible to do so, as with other employees. In these cases, the employee should no longer receive sick pay and would be classified as a furloughed employee.

The 2 weeks SSP may relate to this.

It is up to employers to decide whether to move these employees onto Statutory Sick Pay or to keep them on furlough, at their furloughed rate.

Employers are required to pay SSP themselves, although may qualify for a rebate for up to 2 weeks of SSP. If employers keep the sick furloughed employee on the furloughed rate, they remain eligible to claim for these costs through the furloughed scheme.

Based on the above, it looks like the employer could shift those self-isolating to furlough straight away.

[Deleted User]

My boss told members of staff that since she couldn't guarantee social distancing at work (but she wanted to stay open for children of key workers), if we were so called "at risk" or had members in our immediate family "at risk", she wanted us to self isolate for two weeks and she would only pay us SSP.

JReacher1

It didn’t sound like she had a choice but to close the business down if a lot of you said you were going to self isolate for two weeks. She’s probably done this as it’s annoyed her that her staff have all decided to leave her in the lurch. 

JReacher1

Also she won’t be claiming 80% of your salary from the government for the two weeks you are on SSP. I would be very careful who you spread this slur to as you’re accusing your boss of fraud. 

Comms69

lalaland78 said:

My boss told members of staff that since she couldn't guarantee social distancing at work (but she wanted to stay open for children of key workers), if we were so called "at risk" or had members in our immediate family "at risk", she wanted us to self isolate for two weeks and she would only pay us SSP.

Sorry perhaps my question wasnt clear, i understand the request. I just dont understand what self-isolating for 2 weeks would achieve?

Self-isolating only works for people who have COVID-19. 

comeandgo

Employer can't pay SSP if you are included in Furlough.  It will be so obvious to HMRC when your wages details are submitted to HMRC .

Takeaway_Addict

Comms69 said:

lalaland78 said:

My boss told members of staff that since she couldn't guarantee social distancing at work (but she wanted to stay open for children of key workers), if we were so called "at risk" or had members in our immediate family "at risk", she wanted us to self isolate for two weeks and she would only pay us SSP.

Sorry perhaps my question wasnt clear, i understand the request. I just dont understand what self-isolating for 2 weeks would achieve?

Self-isolating only works for people who have COVID-19. 

and those whose family members may have it

[Deleted User]

JReacher1 said:

It didn’t sound like she had a choice but to close the business down if a lot of you said you were going to self isolate for two weeks. She’s probably done this as it’s annoyed her that her staff have all decided to leave her in the lurch. 

It wasn't like that at all, she had enough staff to cover shifts even with those at home. It was her choice to close down, she said so in her last email and made a point to say staffing issue wasn't the problem but something else. And at the time she made it sound like self isolation was for everyone who felt they might be at risk. Since then things have been made clearer and we are all more informed on this. 

[Deleted User]

JReacher1 said:

Also she won’t be claiming 80% of your salary from the government for the two weeks you are on SSP. I would be very careful who you spread this slur to as you’re accusing your boss of fraud. 

Hopefully she won't do it and she will be honest, but that's the impression she has been giving her employees, so she is "slurring" herself. That's why I wanted some clarification and I thought to ask on here.