Carer futlough

tillie123_2

Hi I hope someone can help my husband is a bus driver so is still working.  He is my main carer as I have a brain tumour and need help with everyday living/cooking and getting around other carer is my sister who is unable to help as she is highly vulnerable. He was on  on annual leave for 2 weeks due to go back to work today He spoke to the garage to see if he could be furloughed they advised him to take another week holiday and see what happened this week. Atm it looks like we willl be staying in lockdown so just wondered if anyone new his rights on being furloughed. If he were to get Ill I would not be able to care for myself and have no one who would. Any help would be appreciated

Mrsn

The guidance is very very grey to be honest when it comes to shielding. He can ask to be furloughed there is no saying that he can’t however and this is a big but the chances are he will be denied. It really very much does depend on the employer and their discretion, they do not have to give any reason at all if they refuse.

The scheme really in its main form is to protect jobs that would otherwise be redundant and that doesn’t apply to your husband unfortunately.

sharpe106

Others disagree with me but I still think shielding by itself is not a reason for furloughing but anyway have a read of the policy and make your own mind up.  

 

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

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

tillie123_2

It isnt just shielding I have a brain tumour am registered disabled  and unable to care for myself. I am registered disabled I am unable to carry out everyday tasks my husband is on special working hours because of that

Undervalued

tillie123_2 said:

It isnt just shielding I have a brain tumour am registered disabled  and unable to care for myself. I am registered disabled I am unable to carry out everyday tasks my husband is on special working hours because of that

Even assuming that means he qualifies (and I think it does) what is certain is that the employer is not obliged to agree to furlough your husband.

He can only ask and see what they say. If they say no then I'm afraid you and he will have to consider other options.

unholyangel

tillie123_2 said:

It isnt just shielding I have a brain tumour am registered disabled  and unable to care for myself. I am registered disabled I am unable to carry out everyday tasks my husband is on special working hours because of that

He is entitled to time off to care for dependents. But unless his contract of employment states otherwise, it doesn't have to be paid time off. He may be entitled to some benefits during that time though, like universal credit. 

It's also not clear whether you yourself have been sent a letter by NHS to shield for 12 weeks? My reading of your original post was that it's your sister that's shielding and you're disabled (under the equality act) but the other 2 responses seem to have interpreted it as you shielding yourself. Not that it really makes a difference - as ultimately there is no right to be furloughed. Your employer may be eligible for funding of furlough, but no one is actually entitled to be furloughed. 

calcotti

sharpe106 said:

Others disagree with me but I still think shielding by itself is not a reason for furloughing but anyway have a read of the policy and make your own mind up.  

This keeps coming up and others disagree but i am am of the same opinion as you (not that my opinion should carry any more weight than anybody else).

Gonna-be-debt-free

calcotti said:

sharpe106 said:

Others disagree with me but I still think shielding by itself is not a reason for furloughing but anyway have a read of the policy and make your own mind up.  

This keeps coming up and others disagree but i am am of the same opinion as you (not that my opinion should carry any more weight than anybody else).

I am one of the ones who respectfully disagrees 😊. CIPD’s interpretation is that an employer *may* furlough someone who has a caring responsibility where their normal care provision has been disrupted due to Covid.  And that this can be the case even where they would not otherwise furlough the employee.  It warns employers that they may be liable for constructive dismissal claims if they do not take that into account.

However, unfortunately it’s a moot point, as it is still entirely at the discretion of the employer.

In my humble opinion the government should have left the Job Retention scheme as it was, and brought in something else to account for people shielding and those with caring responsibilities.  Expanding it but leaving it at the employers discretion is just muddying the waters.

campbeji

tillie123_2 said:

Hi I hope someone can help my husband is a bus driver so is still working.  He is my main carer as I have a brain tumour and need help with everyday living/cooking and getting around other carer is my sister who is unable to help as she is highly vulnerable. He was on  on annual leave for 2 weeks due to go back to work today He spoke to the garage to see if he could be furloughed they advised him to take another week holiday and see what happened this week. Atm it looks like we willl be staying in lockdown so just wondered if anyone new his rights on being furloughed. If he were to get Ill I would not be able to care for myself and have no one who would. Any help would be appreciated

I know a couple who were/are in a similar situation, now I'm not making any accusations or anything, but the day before he had to go back to work he developed what he described as a bit of a cold.  He says that he phoned NHS111 to be on the safe side, the result was that he had to go on the sick while he is self isolated, I think it will end up at 14 days or more. 

The employer kicked up about it and he said that he just had a cold and if the employer insisted he would go back to work.  I think that the risk of all the other employees not coming in kinda made them let it go.  A few days later he is symptom free, after all it was just a bit of a cold.

Good Luck
Jim

calcotti

Gonna-be-debt-free said: CIPD’s interpretation ...

In my humble opinion the government should have left the Job Retention scheme as it was, and brought in something else to account for people shielding and those with caring responsibilities.  Expanding it but leaving it at the employers discretion is just muddying the waters.

Excuse my ignorance - what is CIPD?

Furthermore the whole discussion about whether shielding and caring are sufficient reason on their own for an employer to be able to furlough an employee could easily be clarified by the government and it’s frustratingly that they haven’t done so.

Agree with your last paragraph completely. People should be directly supported to behave in accordance with government recommendations.

Gonna-be-debt-free

calcotti said:

Gonna-be-debt-free said: CIPD’s interpretation ...

In my humble opinion the government should have left the Job Retention scheme as it was, and brought in something else to account for people shielding and those with caring responsibilities.  Expanding it but leaving it at the employers discretion is just muddying the waters.

Excuse my ignorance - what is CIPD?

Furthermore the whole discussion about whether shielding and caring are sufficient reason on their own for an employer to be able to furlough an employee could easily be clarified by the government and it’s frustratingly that they haven’t done so.

Agree with your last paragraph completely. People should be directly supported to behave in accordance with government recommendations.

CIPD = Chartered Institute for Personnel and Development.  It’s like a governing body for HR.  Most career HR professionals will be members (although there is no requirement to be).

Amongst other things, they put forward best practices, and interpret exactly this type of situation to provide HR professionals with guidance as to how to apply it - what it means in practice.