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‘New Company’ excuse for no furlough? How?
petermog
Posts: 30 Forumite
My company says they weren’t allowed to Furlough me so can’t pay me because they are a new company since February. What are company existence rules to be allowed to furlough staff. My company claims they can’t furlough me because they are new from a larger company split that previously existed. All staff were TUPED in February but I arrived after this process. I do have a payment from them at HMRC on my gateway dated 28th February. Can anyone help regarding? Thanks.
No reliance should be placed on the above.
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Comments
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Are you saying they are keeping you on the books but not paying you?
They can either pay you you contract hours, lay you off and pay that or redundancy. It is fully explained here.
https://www.gov.uk/lay-offs-short-timeworkingYou should get your full pay unless your contract allows unpaid or reduced pay lay-offs.Get your contract out and talk to ACAS tomorrow.- All land is owned. If you are not on yours, you are on someone else's
- When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
- "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
- All land is owned. If you are not on yours, you are on someone else's and their rules apply.
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I am not clear what the dates are. If the TUPE took place before 29 February, the new employer existed before the cut-off date. If the TUPE took place after 28 February, guidance says:
Employee transfers under TUPE and on a change in ownership
A new employer is eligible to claim under the CJRS in respect of the employees of a previous business transferred after 28 February 2020 if either the TUPE or PAYE business succession rules apply to the change in ownership.
If you joined after TUPE, the TUPE is irrelevant to you. If your first full payment submission was reported on RTI before 19 March 2020, you should be able to be furloughed, but it is the employer's choice.
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