Furlough a key worker?

Luke.Coomber

My girlfriend supports an autistic child at the parents home.

She has not been able to do this and has be told she can't be furloughed. Due to being a key worker. 

Is this correct? And if not:

Could you quote something from the goverment website as evidence to send them.

Could she get the furlough backdated?

bradders1983

Who is her employer? Is it a local authority?

At the end of the day even if she could, its at the discretion of the employer and there is no automatic right to it.

poppy12345

If she's funded by the local authority then no, she can't be furloughed BUT they can still pay her a % of her wages if they choose too. My daughter has a support worker for 8 hours per week. Funded 100% by my local council. She hasn't worked since lockdown began and my local authority are continuing to pay her 80% of her wages every 4 weeks. Infact, i manage the direct payments and i pay her through online banking setup by the local council.

sharpe106

have a look at the guidance
https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme
what does her contract say about lay offs? is she contracted to set amount of hours each week?

Luke.Coomber

Not sure what her contract says. But I know she is contracted for 12 hours minimum.

She is funded by the local authority. Administrated from the parent. 

poppy12345

The parent of the child should speak to their local authourity that funds the child. If i hadn't have spoken to my local authourity i wouldn't have known about paying the support worker because they didn't contact me.

Luke.Coomber

"Where employers receive public funding for staff costs, and that funding is continuing, we expect employers to use that money to continue to pay staff in the usual fashion – and correspondingly not furlough them. This also applies to non-public sector employers who receive public funding for staff costs."

Hmm thanks for the link. This seem relevant. 

sharpe106

So the parents sort your partners pay out? So basically they are still being funded as normal so they are probably right they can not furlough her. The problem is that she has been unable to work due to the lockdown not that the money is not there. So basically rather then pay you to look after the child they are paying themselves to do it out of the money they receive. She should still be entitled to her 12 hours minimum pay. 

poppy12345

sharpe106 said:

So basically rather then pay you to look after the child they are paying themselves to do it out of the money they receive.

It's unlikely they are doing that, if they are managing the direct payments theirself then the bank account is still run by the local council who keep check of where the money is going to.

Luke.Coomber

So the employer has stated her not working as optional. So while she isn't comfortable to return. Sadly that's her choice and she wont be paid.

Thanks for all the help folks. Stay safe.

sharpe106

you mean your partner choose not to work rather then her being told not to work?