Between contracts but not P45'ed - not entitled to Furlough?????!!!!!

picardygirl

So after some guidance for my son's partner, she's been employed by a company for over 5 five years, had a couple of different contracts during this time but never had broken employment.    She went on authorised unpaid leave from 20 January to 20 May and was due to return to the company but on a different contract, She was going from a senior role 40 hours per week and coming back to another contract with less responsibilities.  Never been issued with a P45, because she never left the employment but has been told by them she is not eligible for furlough, even when the official due date to return comes (20 May), she has successfully been able to claim income support since she returned to the country early April ......... so my question is she was never P45'ed as never left the company yet not entitled to furlough, ever - is this right?

[Deleted User]

In my opinion then they should be entitled as they were on the payroll ( I think)

poppy12345

No one is entitled to furlough. It's entirely up to the employer whether they choose to furlough staff or not and they don't have to do this.

She wouldn't have claimed for Income Support because new claims for this are no longer possible unless she was caliming a severe disability premium in with another benefit.

picardygirl

poppy12345 said:

No one is entitled to furlough. It's entirely up to the employer whether they choose to furlough staff or not and they don't have to do this.

She wouldn't have claimed for Income Support because new claims for this are no longer possible.

sorry, was just going to amend, its not income support, its Universal Credit she is currently receiving.

I understand noone is entitled, but is she eligible under the rules ?

poppy12345

Potentially yes but if her employer refuses then there's nothing she can do. https://www.gov.uk/government/news/furlough-scheme-cut-off-date-extended-to-19-march

Some people are starting to return to work very soon so hopefully she'll be one of them.

picardygirl

Unfortunately no sign of returning, its the entertainment/leisure industry.     Think she's going to talk to them again next week when her unpaid leave is officially up.   

Thrugelmir

picardygirl said:

its the entertainment/leisure industry.   

Which is facing difficult and challenging times ahead. Many companies will have spent the past weeks making plans for future operations. 
Furloughing is far from a cost free option for employers. 

LilElvis

Did she receive pay slips in February and March? Zero gross pay but a tax refund receivable?

picardygirl

LilElvis said:

Did she receive pay slips in February and March? Zero gross pay but a tax refund receivable?

No she didnt, but neither did my son, whose employed by the same company but a different contract and was/is on unpaid leave for the same time period.   He is eligible for furlough when the unpaid period is up on 20 May (next week) he's been told by the company.

picardygirl

Just thought id update the thread - so my son's partner, contacted HMRC to find out why she wasnt entitled to furlough - to be told she had been P45'ed on 27 January 2020 therefore system says shes not entitled to furlough - BUT the company did not P45 her, glitch in system somewhere, problem resolved and HMRC agreed she was entitled to furlough - so furlough began end of May/beginning of June - really didnt think the employer was just being awkward, but situation has been clarified so thanks all for your comments and help prior.

Grumpy_chap

Thanks for updating.
Nice to hear a happy ending!