New starter furlough help needed

Tinks_87

Hi All, 
I started my new job on 2/3/20 and originally wasn’t eligible for furlough due to the cut off date so I was still going into work as normal as I’m classed as a keyworker. I have now been told I’m being furloughed due to the date being extended to 19/3/20.When I’ve read up on this I’ve seen that you needed to be on the payroll by 19th but possibly need to have been paid by then also. We are paid monthly on 29th of each month and my first pay was on March 28th I’ve no idea what the cut off date for this is, I received full pay and wasn’t emergency taxed (handed my P45 in on 13/3)  I’m not sure I’m still eligible to be furloughed/be eligible for the retention scheme  even with the new date change? I was sent an email confirming I’d be paid etc. I will contact my HR department to check obviously but can’t do this until Monday so any advice would be much appreciated it’s so confusing! 

Jeremy535897

It depends whether they ran the payroll by 19 March, and did your first full payment submission by then. Have you had an email or document concerning your furlough (and any variation in your terms of employment) and signed it?
It is the employer's responsibility to check whether they can claim CJRS, and if the can't they still have to pay you, unless the document you signed included a clause to deduct any failed CJRS claim from your wages.

Tinks_87

Jeremy535897 said:

It depends whether they ran the payroll by 19 March, and did your first full payment submission by then. Have you had an email or document concerning your furlough (and any variation in your terms of employment) and signed it?
It is the employer's responsibility to check whether they can claim CJRS, and if the can't they still have to pay you, unless the document you signed included a clause to deduct any failed CJRS claim from your wages.

Thanks for your reply, 
I had a phone call from my manager first of all explaining I was being furloughed and the reasons which I did ask if I was able to be and her reply was yes under the new guidelines. This was followed up by an email from HR outlining that I’d been furloughed as of 15th April and I’d be paid under the retention scheme and they are topping it up so I receive 100% but wasn’t asked to sign anything. I was off with my child as he had a high temp so we were advised to self isolate then I got the call two days later to say I was being furloughed 

Jeremy535897

You should raise with HR why you have not been asked to agree to your furlough in writing, as required:

"Agreeing to furlough employees

Employers should discuss with their staff and make any changes to the employment contract by agreement. When employers are making decisions in relation to the process, including deciding who to offer furlough to, equality and discrimination laws will apply in the usual way.

To be eligible for the grant employers must confirm in writing to their employee confirming that they have been furloughed. If this is done in a way that is consistent with employment law, that consent is valid for the purposes of claiming the CJRS. There needs to be a written record, but the employee does not have to provide a written response. A record of this communication must be kept for five years.

You do not need to place all your employees on furlough. However, those employees who you do place on furlough cannot undertake work for you."