Employer still recruiting while staff on furlough

JH34195

Hi, my employer has furloughed a number of staff but have since allowed some to return. I don’t know on what basis the decision to allow those who have returned was made, but I suspect having children has played a part, as all the childless employees, including me, are still furloughed. I suspect they’ve taken the view that those with children can least afford to not have a full salary, but really that is still discriminatory, and I could only just meet all my bills on a full salary after having to take a pay cut following redundancy last year. I think I’d be on a hiding to nothing if I was to raise this concern as I can’t prove that is the reason those employees have been brought back, but I am also very annoyed that they have allowed two new members of staff to start while still having so many of us on furlough. At a business update, they said they’d secured funding and had new contracts in the pipeline, so clearly they’re in a much better position than others, and I am beginning to suspect that they are just using the furlough scheme as a source of free money for as long as it runs. Is there any restriction on recruiting new staff when your current staff are on furlough, and if so, what should I do? I’m worried about putting my head above the parapet and being laid off permanently. 

EssJayD

Your suspicions make no sense, as its probably more expensive having children (broadly and in my experience!).  Do you mean those without children?  Either way, its not discriminatory to only bring back the ones with children.  How big is the workforce?  Can you even be 100% certain that its ALL the ones who are childless who have been kept on furlough or is this just your feeling?  Employers can't win really, if they had brought back the ones without children they'd all be moaning that they aren't getting 80% for twiddling their thumbs.

it also makes no sense to recruit when they don't need to (as you seem to be saying).  My guess is the positions are actually needed or may be needed in future so they are getting people ready.  

It all depends on the business I suppose.  If they are normally good and treat people well then I'd trust their decision making.  If they are rubbish then they may well be that what they are doing is bonkers but even then, they aren't doing anything wrong apart from making some bad commercial decisions.  In that case you can vote with your feet and leave at any point.

JH34195

Discrimination works both ways. It is equally discriminatory to give favourable treatment to those with children than those without. And I am not ‘twiddling my thumbs’; I am sock with worry about how I am going to avoid being made homeless and still eat. Thank you for your completely insensitive and useless comment.

daKlone

The CJRS is specifically desgined to keep people in employment where otherwise they would have been made redundant in the current situation. An employer may furlough any or all employees as it sees fit and I don't see anything that prevents them from taking on additional employees whilst some are furloughed.

They could indeed see it as a way to keep paying you from Govt funds whilst still operating using the new employees, but again I can't see anything that prevents this. If the new employees are doing the same job as you, the company would be in a difficult position if they wanted to make you redundant at the end of the furlough though.

EssJayD

Favourable treatment in this situation is subjective - some could say its favourable to pay people 80% for literally doing no work at all.  However, this is not discriminatory at all in an employment sense, as not having children is not a protected characteristic.  So you are not being discriminated against.

The thumb twiddling comment wasn't specifically directed at you, if you care to read my post again.  But I am sorry if it came across as insensitive and I do appreciate the worry but I do think your (many) suspicions are possibly incorrect....as I say if they are usually a good employer I'd trust their judgement.

Have you actually gone back to them and said you'd be happy to return to work and for them not to assume you're happy staying at home getting 80% pay?  Like a lot of employers and employees alike they may well be thinking that people are enjoying the time off.  Theres a difference between sticking your head above the parapet and being a tool about it..........and just asking a question, so I cant see that if your polite and reasonable about it that asking them will go against you in any way.

JH34195

Yes, I spoke to one of the managers who simply refused to answer why people have been recruited while others staff are still on furlough and how those selected for return had been selected. 

daKlone

Sadly I don't think the employer is under any obligation to provide details of their decisions.

If you have spoken to your company and made it clear that at the end of your furlough you'd be keen as mustard to get back to work, that's probably all you can do. Sorry.