Employer cheating coronavirus job retention scheme / furlough??

dsccrbstck

Hi there. I hope someone can help.
I've been employed at the same small company for over 8 years.

They only pay me for the hours I have worked, even though it has always been a regular pattern/schedule of 20-25 hours per week for the last 8 years.

In March work slowed down tremendously due to coronavirus and by April there was literally zero work forecast for me to do. In early April I requested that they please use the gov scheme so that I can receive 80% of my normal wages until the pandemic is over.

They never gave me a straight answer until a few days ago, when they gave me notice of immediate redundancy. They offered me the statutory minimum redundancy package (7 weeks' pay) and said that they did not want to deal with 'the reams of paperwork involved with the scheme'.

I responded asking for 8 weeks' pay in lieu of notice as well, as I understand that is what I am legally entitled to. 

This is when things got messy. I received an email that was accidentally copied to me from the accountant. It said that they should pay me what I requested, and that they should 'at least be able to recover something from the scheme'; that the 'net cost in the end will be lower'. It also had in bold letters stating that '[my name] should not be involved'.

I later received an email from my employer saying that they will only pay the redundancy package + 4 weeks' notice pay, which will be done on 30 April.

I have 2 main questions:
- Could my employer possibly be planning to cheat the system by claiming furlough money under my name and not passing it on to me?
- What should I really be receiving / what am I legally entitled to when they decide to terminate me with immediate effect now? I have not received/will not be receiving a salary for April since there have been no work. 

Thank you so much. My employer has always been very dodgy; they never treat any of their staff the right way and I just want to protect myself...

Comms69

You're not entitled to 8 weeks PILON unless your contract says so. 
to answer your questions:

1: Maybe. But doesnt really matter. As your P45 will put an end to that.
2: cant read your contract. What you're receiving is broadly correct.

If your employer is that bad, why were you there for 8 years?...

dsccrbstck

Thank you for your reply
Maybe I am confused about PILON but should they not give me a statutory notice period of 8 weeks if I have worked for them for 8 complete years?
I will ask for a P45, thanks.
I stayed because I liked my colleagues and liked the business/practice. I guess I was stupid...

ceh209

It sounds like you are on a zero hours contract, although you will need to confirm this as we can't read your contract for you
In which case even if you are entitled to 8 weeks notice, they could just not give you any hours for those 8 weeks, and hence, zero pay - unrelated to the furlough scheme.

For what it's worth, I agree with their accountant, it's hardly much paperwork really and you'd be better off, with them no worse off. But you can't force them to use the furlough scheme if they don't want to.

nicechap

dsccrbstck said:

Hi there. I hope someone can help.
I've been employed at the same small company for over 8 years.

They only pay me for the hours I have worked, even though it has always been a regular pattern/schedule of 20-25 hours per week for the last 8 years.

In March work slowed down tremendously due to coronavirus and by April there was literally zero work forecast for me to do. In early April I requested that they please use the gov scheme so that I can receive 80% of my normal wages until the pandemic is over.

They never gave me a straight answer until a few days ago, when they gave me notice of immediate redundancy. They offered me the statutory minimum redundancy package (7 weeks' pay) and said that they did not want to deal with 'the reams of paperwork involved with the scheme'.

I responded asking for 8 weeks' pay in lieu of notice as well, as I understand that is what I am legally entitled to. 

This is when things got messy. I received an email that was accidentally copied to me from the accountant. It said that they should pay me what I requested, and that they should 'at least be able to recover something from the scheme'; that the 'net cost in the end will be lower'. It also had in bold letters stating that '[my name] should not be involved'.

I later received an email from my employer saying that they will only pay the redundancy package + 4 weeks' notice pay, which will be done on 30 April.

I have 2 main questions:
- Could my employer possibly be planning to cheat the system by claiming furlough money under my name and not passing it on to me?
- What should I really be receiving / what am I legally entitled to when they decide to terminate me with immediate effect now? I have not received/will not be receiving a salary for April since there have been no work. 

Thank you so much. My employer has always been very dodgy; they never treat any of their staff the right way and I just want to protect myself...

Did you get paid holidays?  Are you owed any?

dsccrbstck

ceh209 said:

It sounds like you are on a zero hours contract, although you will need to confirm this as we can't read your contract for you
In which case even if you are entitled to 8 weeks notice, they could just not give you any hours for those 8 weeks, and hence, zero pay - unrelated to the furlough scheme.

For what it's worth, I agree with their accountant, it's hardly much paperwork really and you'd be better off, with them no worse off. But you can't force them to use the furlough scheme if they don't want to.

They didn't give me a written contract, or have refused to. However I have always worked the same number of hours every week/month for the last 8 years and I am expected to do the work I am given within a set timeframe..

Perhaps I didn't phrase it right - what the accountant was saying was that my employer could use the scheme to 'recover something' (even though they explicitly told me they were going to make me redundant instead).

General_Grant

Hang on to that email.  (hard copy as well as soft)

Comms69

dsccrbstck said:

ceh209 said:

It sounds like you are on a zero hours contract, although you will need to confirm this as we can't read your contract for you
In which case even if you are entitled to 8 weeks notice, they could just not give you any hours for those 8 weeks, and hence, zero pay - unrelated to the furlough scheme.

For what it's worth, I agree with their accountant, it's hardly much paperwork really and you'd be better off, with them no worse off. But you can't force them to use the furlough scheme if they don't want to.

They didn't give me a written contract, or have refused to. However I have always worked the same number of hours every week/month for the last 8 years and I am expected to do the work I am given within a set timeframe..

Perhaps I didn't phrase it right - what the accountant was saying was that my employer could use the scheme to 'recover something' (even though they explicitly told me they were going to make me redundant instead).

Cant be zero hours without a written contract. 

dsccrbstck

nicechap said:

dsccrbstck said:

Hi there. I hope someone can help.
I've been employed at the same small company for over 8 years.

They only pay me for the hours I have worked, even though it has always been a regular pattern/schedule of 20-25 hours per week for the last 8 years.

In March work slowed down tremendously due to coronavirus and by April there was literally zero work forecast for me to do. In early April I requested that they please use the gov scheme so that I can receive 80% of my normal wages until the pandemic is over.

They never gave me a straight answer until a few days ago, when they gave me notice of immediate redundancy. They offered me the statutory minimum redundancy package (7 weeks' pay) and said that they did not want to deal with 'the reams of paperwork involved with the scheme'.

I responded asking for 8 weeks' pay in lieu of notice as well, as I understand that is what I am legally entitled to. 

This is when things got messy. I received an email that was accidentally copied to me from the accountant. It said that they should pay me what I requested, and that they should 'at least be able to recover something from the scheme'; that the 'net cost in the end will be lower'. It also had in bold letters stating that '[my name] should not be involved'.

I later received an email from my employer saying that they will only pay the redundancy package + 4 weeks' notice pay, which will be done on 30 April.

I have 2 main questions:
- Could my employer possibly be planning to cheat the system by claiming furlough money under my name and not passing it on to me?
- What should I really be receiving / what am I legally entitled to when they decide to terminate me with immediate effect now? I have not received/will not be receiving a salary for April since there have been no work. 

Thank you so much. My employer has always been very dodgy; they never treat any of their staff the right way and I just want to protect myself...

Did you get paid holidays?  Are you owed any?

No.. I recently enquired about this as they made me believe I wasn't entitled to any. But they told me that it is 'rolled up' into my rate..

Comms69

dsccrbstck said:

nicechap said:

dsccrbstck said:

Hi there. I hope someone can help.
I've been employed at the same small company for over 8 years.

They only pay me for the hours I have worked, even though it has always been a regular pattern/schedule of 20-25 hours per week for the last 8 years.

In March work slowed down tremendously due to coronavirus and by April there was literally zero work forecast for me to do. In early April I requested that they please use the gov scheme so that I can receive 80% of my normal wages until the pandemic is over.

They never gave me a straight answer until a few days ago, when they gave me notice of immediate redundancy. They offered me the statutory minimum redundancy package (7 weeks' pay) and said that they did not want to deal with 'the reams of paperwork involved with the scheme'.

I responded asking for 8 weeks' pay in lieu of notice as well, as I understand that is what I am legally entitled to. 

This is when things got messy. I received an email that was accidentally copied to me from the accountant. It said that they should pay me what I requested, and that they should 'at least be able to recover something from the scheme'; that the 'net cost in the end will be lower'. It also had in bold letters stating that '[my name] should not be involved'.

I later received an email from my employer saying that they will only pay the redundancy package + 4 weeks' notice pay, which will be done on 30 April.

I have 2 main questions:
- Could my employer possibly be planning to cheat the system by claiming furlough money under my name and not passing it on to me?
- What should I really be receiving / what am I legally entitled to when they decide to terminate me with immediate effect now? I have not received/will not be receiving a salary for April since there have been no work. 

Thank you so much. My employer has always been very dodgy; they never treat any of their staff the right way and I just want to protect myself...

Did you get paid holidays?  Are you owed any?

No.. I recently enquired about this as they made me believe I wasn't entitled to any. But they told me that it is 'rolled up' into my rate..

And how much did you get paid? 

dsccrbstck

Comms69 said:

dsccrbstck said:

nicechap said:

dsccrbstck said:

Hi there. I hope someone can help.
I've been employed at the same small company for over 8 years.

They only pay me for the hours I have worked, even though it has always been a regular pattern/schedule of 20-25 hours per week for the last 8 years.

In March work slowed down tremendously due to coronavirus and by April there was literally zero work forecast for me to do. In early April I requested that they please use the gov scheme so that I can receive 80% of my normal wages until the pandemic is over.

They never gave me a straight answer until a few days ago, when they gave me notice of immediate redundancy. They offered me the statutory minimum redundancy package (7 weeks' pay) and said that they did not want to deal with 'the reams of paperwork involved with the scheme'.

I responded asking for 8 weeks' pay in lieu of notice as well, as I understand that is what I am legally entitled to. 

This is when things got messy. I received an email that was accidentally copied to me from the accountant. It said that they should pay me what I requested, and that they should 'at least be able to recover something from the scheme'; that the 'net cost in the end will be lower'. It also had in bold letters stating that '[my name] should not be involved'.

I later received an email from my employer saying that they will only pay the redundancy package + 4 weeks' notice pay, which will be done on 30 April.

I have 2 main questions:
- Could my employer possibly be planning to cheat the system by claiming furlough money under my name and not passing it on to me?
- What should I really be receiving / what am I legally entitled to when they decide to terminate me with immediate effect now? I have not received/will not be receiving a salary for April since there have been no work. 

Thank you so much. My employer has always been very dodgy; they never treat any of their staff the right way and I just want to protect myself...

Did you get paid holidays?  Are you owed any?

No.. I recently enquired about this as they made me believe I wasn't entitled to any. But they told me that it is 'rolled up' into my rate..

And how much did you get paid? 

About £20/hour but I don't know how much of that is supposed to be the 'holiday' it was never really discussed  at the beginning and does not show on my payslips