Employed to self employed - fallen through furlough cracks

RURUCOOP

I was employed until 29th February.   I voluntarily left to work as a freelancer, and carried out 2 days work in the first week of March as a freelancer for my ex employer.   This was the only freelance work that I invoiced for.    As a result of Corona virus all the contracts that I was due to take on after leaving my employer cancelled which has left me with no income.   Obviously as I was only self employed I cannot claim under the self employed scheme.  My former employers would be happy enough to rehire me and furlough, however their legal advisers have said it is too risky and illegal to do it.   This scenario doesn't seem to be covered in any of the guidance - anyone any ideas ?  Am I just one of those unlucky people that have fallen through the cracks ?  

Jeremy535897

I would imagine that every lawyer will recommend that his client does not rehire and furlough people. From a legal viewpoint, there is no upside and there is definitely downside, from an employer's point of view. There's nothing you can do to make them rehire and furlough you.

RURUCOOP

Thanks for that.  My former employers are happy enough to rehire me as long as it is legal- but the lawyers are telling them it is illegal.  There doesn't seem to be any guidance on whether in this scenario an employee can be furloughed ( i.e. is it  within the current rules ? ).   

sharpe106

It is not illegal, but I do not see why a company would want to as all the risk is on them. 

RURUCOOP

Just by way of an update.   All the legal teams have come back to my former employer to say in these circumstances it is illegal to rehire him and HMRC will audit and bring criminal proceedings against them if they do it ! I don't agree however can't get anything from HMRC to say that this particular case is covered by the scheme.   Very frustrating as my employers want to rehire and furlough me but obviously are being guided by their solicitor's advice  - which I understand.