Both self employed and PAYE employed

IFlaw56

My daughter is both self employed (mobile hairdresser) and employed (nursery). Income last year from self employment £7100 income from employed  £5400. Although furloughed from nursery her employer dos not think she can be part Job retention scheme  as she is also self employed and therefore is covered by Self employed income support scheme. Is this correct or can you be in both schemes

Jeremy535897

You can be in both schemes. That is logical: there may be lots of employees whose employers have no idea their staff does some small self employment activity. It would be illogical to penalise them by denying them CJRS. The doubt arises because the guidance is unclear, whereas if you have two jobs, it is quite clear you can be furloughed from both. When you look at the Treasury Directive that underpins the CJRS guidance, it makes no mention of the fact that you cannot claim under both schemes, so there is nothing to prevent a claim under both (the guidance on SEISS makes it clear that you can have a job without denying SEISS, although you do have to intend to continue to trade in 2020/21).

monthesheep

I have two jobs (doesn't everyone nowadays?) I am still working my Day Job so that's all good but my employer from my second job, which is a zero hour/casual labour contract, is refusing to put all its workforce on furlough. It's a security firm who work at music events, gigs and festivals which won't be happening in the near future. I am probably going to be ok but some of my colleagues have been really left in serious financial difficulty. The employer has chosen to only furlough some of the salaried staff only. They are getting work for a small minority of SIA licenced staff but for everyone else their advice is apply for universal credit or employment support allowance! This is despite the fact that the furlough scheme covers zero hour contract and casual labour staff who are part of PAYE. Can an employer be instructed to put staff on furlough? Why would a company not put its staff on furlough? Most of my colleagues don't qualify for benefits so essentially they've been left to survive. No work, no money, no benefit, it is a morally reprehensible policy on behalf of my employer. What can I do realistically? 

Jeremy535897

It is for an employer to choose whether or not to furlough employees. There is nothing employees can do to make an employer use the CJRS.
Once an employer decides to furlough some but not all employees, the employer has to follow the usual laws on discrimination and equality, but those are aimed more at discrimination on the base of race, gender, age, part time v full time etc.

vixx811

I switched jobs on March 19th and have been furloughed for the past two weeks so I won’t get paid. Luckily my husband is still working but his work is slowing down due to certain suppliers not working at the moment meaning he can’t do any work using their products.

mandaA

I have been self employed for 7 years, but managed to get some employed work in september. My employed pay is roughly 50% of my income now. So, as my last 3 years tax returns are fully self employed and this year only 6 months was employed, will I still be eligible for the self employed grant
 My income now is only half of what I usually have coming in.

Jeremy535897

So long as you meet all the eligibility criteria, you should qualify. See guidance:

"Who can claim

You can claim if you’re a self-employed individual or a member of a partnership and you:

• have submitted your Self Assessment tax return for the tax year 2018 to 2019
• traded in the tax year 2019 to 2020
• are trading when you apply, or would be except for coronavirus
• intend to continue to trade in the tax year 2020 to 2021
• have lost trading profits due to coronavirus

You will need to confirm to HMRC that your business has been adversely affected by coronavirus. HMRC will as usual use a risk based approach to compliance.

Your trading profits must also be no more than £50,000 and more than half of your total income for either:

• the tax year 2018 to 2019
• the average of the tax years 2016 to 2017, 2017 to 2018, and 2018 to 2019"