Furlough after Resignation (and last day of work was AFTER the 19th March cut-off)

sarafenn

I resigned on 24th February (my contract stated I was on a probationary 1-week notice period, but we both agreed for me to work until 25th March) to take up some freelance work, which has since fallen through due to Covid 19.  I asked my ex-employer at the beginning of April, to take me back on to furlough me and, after looking into it, their Accountants have told them that because I left work AFTER 19th March, I don't qualify for the furlough scheme.  Surely this is really unfair as I was both employed on 28th Feb and also resigned way before the JRS was announced on 20th March.  I seemed to have slipped through the gaps of eligibility.  

Also, my ex-employer in their last email, gave me the impression that they now needed to draw a line under my request and focus on the business.  Understood (everyone is very stressed right now), but if the government DO change the rules to close this gap, ex-employers like mine may decide its just too much trouble for them to look into it again.  What if people like me are not able to convince ex-employers to help.  I left on good terms but it doesn't seem fair for this to be left to ex-employers' discretion, especially when some people may have resigned for good reason (such as an unreasonable boss, who may be vindictive and unwilling to even consider helping).

Is the Government now going to look at a way to help those of us left behind, that have either just been really unlucky and slipped through the gap or those that have difficult or unhelpful ex-employers?  Surely the Government should help us all equally, especially, when people like me have paid a hell of a lot of tax all of their working lives and now risk going under while there are simply no jobs in their sector.

poppy12345

They changed the rules once, there's no reason why they can't again but don't rely on them doing this. They can't help everyone and there will always be some people that fall through the cracks.

unholyangel

It's left to employers discretion for 2 reasons:
1) They're the ones who need to judge whether they are entitled to relief under the CJRS and they will be the ones who have to repay any monies claimed that they were not entitled to
2) Even courts can't force someone to perform a contract they actually entered, never mind enter a contract they haven't entered and don't want to enter! 

The only help the government have actually put in place for people is SSP being payable from day 1 rather than day 4. All other measures are designed to help businesses protect the economy, not people. 

JoeBloggs72

Unfortunately as you resigned I think it’s in the employers court. They almost certainly won’t be able to reclaim the money 

Mrsn

Unfortunately your ex employer doesn’t wish to use the scheme. Most are unwilling because once they rehire you there is a risk of you deciding at the end of the period that you don’t wish to leave and they will have to go through the process of getting rid of you which costs money. 

Also in this instance they are unlikely to recoup the money anyway which isn’t in their business interests... that’s not vindictive they are looking out for themselves which is understandable.

sliphi

sarafenn said:

I resigned on 24th February (my contract stated I was on a probationary 1-week notice period, but we both agreed for me to work until 25th March) to take up some freelance work, which has since fallen through due to Covid 19.  I asked my ex-employer at the beginning of April, to take me back on to furlough me and, after looking into it, their Accountants have told them that because I left work AFTER 19th March, I don't qualify for the furlough scheme.  ....

TL:DR
It's entirely up to the employer as to whether or not to re-hire you.

(Perhaps you should have got your request in to withdraw your notice before you left? The CJRS was announced on 20th March if not earlier)

But you could do your ex employer a favour and suggest they get a decent accountant who knows what they are on about.

sliphi

JoeBloggs72 said:

Unfortunately as you resigned I think it’s in the employers court. They almost certainly won’t be able to reclaim the money 

Why do you suggest that???

poshnige

I, similar to your poster, resigned from the Metropolitan Police Service on the 30th January, 2020 in order to work my notice and take up a new position, outside the service, as a social club steward.
My last working day was the 20th March and the following Monday, 23rd March,  took up my new position.
With the initial regulations I was 3 weeks out for the furlough process and with the updated regs I was one day out!
Luckily, my committee have been paying my wage and I have busied myself with decorating the club premises, however, I feel as if they should not have to be burdened with finding my wage during these times of no turnover.
I have contacted the MPS only to be told that in my previous position I was a keyworker and therefore not able to be furloughed.
Would you have any advice for me at this stage?
NL

Semple

sarafenn said:

I left on good terms but it doesn't seem fair for this to be left to ex-employers' discretion, especially when some people may have resigned for good reason (such as an unreasonable boss, who may be vindictive and unwilling to even consider helping).

Based on the fact that they don't appear to be willing to furlough you, i'm not sure if they see the departing on good terms as much as you do.

Semple

poshnige said:

I, similar to your poster, resigned from the Metropolitan Police Service on the 30th January, 2020 in order to work my notice and take up a new position, outside the service, as a social club steward.
My last working day was the 20th March and the following Monday, 23rd March,  took up my new position.
With the initial regulations I was 3 weeks out for the furlough process and with the updated regs I was one day out!
Luckily, my committee have been paying my wage and I have busied myself with decorating the club premises, however, I feel as if they should not have to be burdened with finding my wage during these times of no turnover.
I have contacted the MPS only to be told that in my previous position I was a keyworker and therefore not able to be furloughed.
Would you have any advice for me at this stage?
NL

The advice you have been given is correct, the job retention scheme is not available to those who are employed directly by the public sector.

Jeremy535897

Like sliphi, I don't understand the accountant's comment (although it is hearsay so may be inaccurate). The guidance to employees states:

"If you were made redundant or stopped working for your employer after 28 February 2020

Your employer can agree to re-employ you and place you on furlough. This applies if you were made redundant or stopped working for them after 28 February, even if they do not re-employ you until after 19 March. They’ll still be able to claim a grant to cover 80% of your regular wages from the date they furlough you, up to a monthly cap of £2,500. This applies as long as you were on their payroll as at 28 February and had been notified to HMRC on an RTI submission on or before 28 February 2020. This means an RTI submission notifying payment in respect of you to HMRC must have been made on or before 28 February 2020."

The guidance to employers states:

"If you made employees redundant or they stopped working for you after 28 February

If you made employees redundant, or they stopped working for you on or after 28 February 2020, you can re-employ them, put them on furlough and claim for their wages from the date on which you furloughed them through the scheme. This applies to employees that were made redundant or stopped working for you after 28 February, even if you do not re-employ them until after 19 March. This applies as long as the employee was on your payroll as at 28 February and had been notified to HMRC on an RTI submission on or before 28 February 2020. This means an RTI submission notifying payment in respect of that employee to HMRC must have been made on or before 28 February 2020"

Where does it say they cannot rehire you as you finished working for them after 19 March 2020?

As sliphi says, the fact that you resigned does not preclude you being rehired and furloughed. It used to be the case that you could only rehire someone you made redundant, but this was changed when the 19 March date was introduced.