Furlough Question pls

Katie1246

Hi, I'm wondering if someone can help? I've not been paid since Feb, and my employer has threatened me saying that they don't have to do any furlough applications for me (as since Feb I've sent 4 polite emails to ask if they applying for Furlough for us?). Some work colleagues have received 1 month Furlough payment today, and I didn't. I don't know where to go to find out what my rights are as an employee? I have not got a P45 or been told otherwise that I am not employed, and I cannot get on the phone to HMRC. So is there anyway to find out if they have applied for me?. I'm so scared to ask again as the last email went so bad.  

calcotti

It is your employer who decides whether or not to furlough you, there is no 'entitlement' to be furloughed. However if you employer has not varied your contract or officially put you on unpaid leave I would have thought they are in breach of your employment contract by not paying you.
Perhaps ACAS can advise https://www.acas.org.uk

sharpe106

what does your contract say about hours?

Katie1246

Im just on a paye contract, thanks. It says part-time but I worked 4 full days per week.

Grumpy_chap

I think we will need a bit more information to start to understand the situation.

In terms of whether the employer has to put you on furlough, they are correct in that there is no entitlement, if you are eligible it is the employer's choice.

Your employment contract still stands in the absence of any agreement to vary that, so there is no obvious reason from your OP as to why you have not been paid since February.  Are you still attending / doing work for the company?  Surely, you cannot have been put of furlough until the furlough scheme was introduced and if you were dismissed or made redundant at the end of February, you would have to know that is the case.

sharpe106

does it say anything about lay out? contracted hours?

Grumpy_chap

This is a rather complicated situation and I am sure a short post in this forum does not do the situation proper justice.

As I read it, there are some errors in what is posted - for example, if the employees transferred to a new company mid-March, then they would need to be on payroll for the new company by 19th March to be furloughed from the new company.  Did TUPE apply?  If so, why does that not cover you as well.

Whatever happened, you still have your employment contract, but that will be impacted if the company closed down and the full reasons why the company closed down.

Would it be worth contacting CAB to get a more detailed and specific comment and support?  Or ACAS, but probably CAB first.

de_ath

Hi all , i have been on furlough for 2 months now and have been paid 80percent by the government and my employer  has topped up the 20percent so that I receive full pay.... my work place has now told me from the 1st of june when I return to work I will be taken off furlough but will only be paid 80 percent of my full time pay although I will be back at work in a full time capacity? Are they able to do this ?? Thanks for any help given or advise 

sharpe106

What does your contract say about pay? Would that take you below NMW? Have they said what would happen if you refuse? 

de_ath

No it wouldnt take me below national minimum wage , and as yet they have not said what would happen should we refuse to go back and accept the 80 percent 

sharpe106

They can't force you to accept it but if they can't afford to pay you then they could make you redundant if you don't.