Employee won't furlough my son and holidays running out

DeeDee3006

My son works for a landscaping company and his bi's won't furlough his staff as he says there is plenty of work. 
The trouble is my sons gf is a key phlebotomist in a hospital, so not on the front line as such. 
They have 2 children one 2 and one 9 who cannot attend school/nursery. I used to look after my Granddaughter Mondays and other Nanny 2 other days so my sons gf could work.
Now we cannot. 
My sons boss won't furlough him to look after the children so he has been working Mon/Tues/Wed and taking Thursday/Friday as holiday so his gf can work 2 days at least.
Now since March he has used up a lot of his holiday (which his boss hasn't actually paid him as he hasn't accrued enough),
He is really worried that once his holidays run out he will only get 3 days pay per week. 
He has asked his boss numerous times to furlough him but because he is the backbone of the business his boss won't. 
Is his boss legally right in what he is doing and what help can my son get if he runs out of holiday?
Thank you 

poppy12345

If work is available they he won't be furloughed because that's not what furlough is about. If he can't work then he won't get paid. They can look at claiming Universal Credit but whether they qualify will depend on the circumstances. Savings/capital of £16,000 will exclude them.

A claim for UC will end any tax credits they may already be claiming. Tell them to use a benefits calculator.

bradders1983

Indeed, work is available, he is choosing not to. You cant expect the government to bail him out with 80%. Sorry if this is not what you want to hear.

theoretica

What about Saturday and Sunday?  Could either he or GF work those days?  Or one work early hours and the other late?

sharpe106

Why would his boss furlough him.  It is also the kind of job that probably relies on word of mouth a lot so if his boss turns down work because he has furloughed your son, somebody else will do the work and get the recommendations. He needs him to make money so that a job is there for your son when this ends

Andy_L

DeeDee3006 said:

My son works for a landscaping company and his bi's won't furlough his staff as he says there is plenty of work. 
The trouble is my sons gf is a key phlebotomist in a hospital, so not on the front line as such. 
They have 2 children one 2 and one 9 who cannot attend school/nursery. I used to look after my Granddaughter Mondays and other Nanny 2 other days so my sons gf could work.
Now we cannot. 
My sons boss won't furlough him to look after the children so he has been working Mon/Tues/Wed and taking Thursday/Friday as holiday so his gf can work 2 days at least.
Now since March he has used up a lot of his holiday (which his boss hasn't actually paid him as he hasn't accrued enough),
He is really worried that once his holidays run out he will only get 3 days pay per week. 
He has asked his boss numerous times to furlough him but because he is the backbone of the business his boss won't. 
Is his boss legally right in what he is doing and what help can my son get if he runs out of holiday?
Thank you 

AIUI there is no restriction on only "front line" NHS staff being entitled to still send their kids to school. 

onwards&upwards

Phlebotomists are definitely key workers, so the children should be entitled to go to school/nursery,

bradders1983

onwards&upwards said:

Phlebotomists are definitely key workers, so the children should be entitled to go to school/nursery,

Has the OP actually had the headmaster of the kids school say they arent eligible?

DeeDee3006

Thanks all, he is not choosing not to work he is trying to do what's best for his family, which he thought would be to split the days by using his holidays, not realising he hasn't accrued enough. The school and nursery are closed.
I will pass over all info and mention to him about benefits to help them. 
Thanks guys x

Pollycat

onwards&upwards said:

Phlebotomists are definitely key workers, so the children should be entitled to go to school/nursery,

Says here:

If your work is critical to the COVID-19 response, or you work in one of the critical sectors listed below, and you cannot keep your child safe at home then your children will be prioritised for education provision:

Health and social care

This includes, but is not limited to, doctors, nurses, midwives, paramedics, social workers, care workers, and other frontline health and social care staff including volunteers; the support and specialist staff required to maintain the UK’s health and social care sector; those working as part of the health and social care supply chain, including producers and distributors of medicines and medical and personal protective equipment.

From here:

https://www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision/guidance-for-schools-colleges-and-local-authorities-on-maintaining-educational-provision

I can't see why a phlebotomists wouldn't be classed as a critical worker either.

bradders1983

Well to be blunt, he IS choosing not to work no matter what way you spin it.

Once all this is over is he going to be able to walk into another job if he gives this one up (or is fired for not going in)?