Furlough Advice

Gary4A

I would like some advice please on the Furlough scheme. I started a new job through a recruitment agency on 20th January on a six-month contract. I was working as part of a 3 person team in the Stores department. On the 9th March, I received a phone call from the agency to tell me that I was no longer needed by their client because the workload had dropped due to the COVID 19 pandemic. This was a complete surprise. After the Furlough scheme was announced by the government, I asked the agency if I could be furloughed. A week later, after they had consulted with their payroll company, I was told that I couldn't be put on this scheme as there isn't a job for me to go back to. Their client has decided to not fill my old position in the future. I've managed to claim JSA but this doesn't come close to cover our monthly bills/rent and I'm worried that I'm going to have to use up all of my savings just to keep a roof over our heads. This worry has started to impact on my MH. I've read quite a few articles on the Furlough scheme but I'm unsure of what to do next. Could anyone please let me know if I should go back to the agency and ask them to try again? Or is there any other benefits that I can claim? Thanks.

lincroft1710

There is no obligation for an employer to furlough their employees, it is their choice whether to furlough or not.

Look at a Benefits Calculator to find out which benefits you can claim

poppy12345

It's entirely down to your employer whether they choose to furlough you or not and there's nothing you can do if they decide not to.

Try a benefits calculator to see if you're entitled to Universal Credit, this will help with any rent you have to. If you have savings/capital of more than £16,000 you will be excluded from claiming it.

Be aware that if you claim tax credits this will end if you claim UC. https://www.entitledto.co.uk/

Council tax reduction can be claimed from your local council.

Gary4A

lincroft1710 said:

There is no obligation for an employer to furlough their employees, it is their choice whether to furlough or not.

Look at a Benefits Calculator to find out which benefits you can claim

Thank you for your response. I do realise that the company was under no obligation to Furlough me, I just wasn't sure if what they told me was correct. I will try the Benefits calculator to see what I can claim.

Gary4A

poppy12345 said:

It's entirely down to your employer whether they choose to furlough you or not and there's nothing you can do if they decide not to.

Try a benefits calculator to see if you're entitled to Universal Credit, this will help with any rent you have to. If you have savings/capital of more than £16,000 you will be excluded from claiming it.

Be aware that if you claim tax credits this will end if you claim UC. 

Council tax reduction can be claimed from your local council.

Thank you for your response. I just wanted to check to see if what they had told me was correct. They weren't entirely sure of what to do, which is understandable because this has all happened so unexpectedly and suddenly. 
I will try the benefits calculator and contact my local Council with regard to the council tax reduction

Gary4A

I've tried the benefits calculator and sadly due to my savings I'm only entitled to JSA.

poppy12345

Savings of more than £16,000 will exclude you from UC as advised. New style JSA can be claimed providing you've paid the correct amount of NI contributions in tax years April 2017 and March 2019. If over 25 it pays £74.35 per week for a maximum of 26 weeks.

KDM1

Hi
Need some advice.
I was on unpaid leave in February and early March for the first time in 8 years. This was because my Mum had pneumonia. 
My nursery originally told me that they were furloughing me and some other colleagues as we were surplus to requirements. 
Today they have said I have to take unpaid leave to secure my job as I was on unpaid leave in February. My other friends have been furloughed till June. I do not know what to do.

Jeremy535897

Paragraphs 6.4 and 6.5 of the Treasury Directive say:
"6.4 If an employee was enjoying an unpaid sabbatical or other period of unpaid leave on 28 February 2020 (“relevant day”), the period described in paragraph 6.1(b) does not begin in respect of the employee until expiry of the period of leave agreed or contemplated at its commencement or, where the duration of the leave was uncertain on the relevant day because its duration is determinable by reference to a particular circumstance, completion of a particular purpose or occurrence of a specified event, the ending of the circumstance, completion of the purpose or occurrence of the event.
6.5 No claim to CJRS may be made in respect of an unpaid sabbatical or other period of unpaid leave of an employee beginning before or after 19 March 2020 (whether agreed or otherwise arranged conditionally or unconditionally on, before or after that day)."
You were on unpaid leave on 28 February 2020. This means you cannot be furloughed until your unpaid leave ends. The question is when, or if, it has ended. Have a look at the wording above, and see what date, if at all, your unpaid leave ended. If it has ended, then from that date you should be able to be furloughed.

Remember that they do not have to furlough you, although if they have furloughed everyone else, they would find it hard to defend not furloughing you under equality and discrimination legislation.

Undervalued

Jeremy535897 said:

Paragraphs 6.4 and 6.5 of the Treasury Directive say:
"6.4 If an employee was enjoying an unpaid sabbatical or other period of unpaid leave on 28 February 2020 (“relevant day”), the period described in paragraph 6.1(b) does not begin in respect of the employee until expiry of the period of leave agreed or contemplated at its commencement or, where the duration of the leave was uncertain on the relevant day because its duration is determinable by reference to a particular circumstance, completion of a particular purpose or occurrence of a specified event, the ending of the circumstance, completion of the purpose or occurrence of the event.
6.5 No claim to CJRS may be made in respect of an unpaid sabbatical or other period of unpaid leave of an employee beginning before or after 19 March 2020 (whether agreed or otherwise arranged conditionally or unconditionally on, before or after that day)."
You were on unpaid leave on 28 February 2020. This means you cannot be furloughed until your unpaid leave ends. The question is when, or if, it has ended. Have a look at the wording above, and see what date, if at all, your unpaid leave ended. If it has ended, then from that date you should be able to be furloughed.

Remember that they do not have to furlough you, although if they have furloughed everyone else, they would find it hard to defend not furloughing you under equality and discrimination legislation.

Why so?

I struggle to see a protected characteristic here (e.g race, gender etc). Extended unpaid leave goes well beyond what the employer was obliged to provide as "carers leave" so was not a statutory right.

Jeremy535897

I am assuming that OP 's unpaid leave has ended, otherwise she can't be furloughed. At that point, if she is back on the books, it would look very odd if she was the only one not furloughed. As you say, race, religion, age, gender, and of course part time v full time are all possibilities, but I agree it's not automatic.