Furlough pay cancelled

CuriousUser

Hello everyone,
I hope you are all doing well
I am here hoping to find some answers from people who are knowledgeable or came across the same situation. I work for a large company in the hospitality industry and the business shut at the end of March. I was furloughed on the 8th of April for 21 days (so up to the 29th). Now I had booked and approved a holiday on the 27th of April to the 5th of May with the intention to go traveling back home (oversea citizen). I emailed my line manager about my intention and he advised that it's fine and that me being with someone I feel close to has to be a priority and that he understands. Now, I could not get back to the UK on the 5th of May so of course, I informed my manager once again. He replied saying that now I am on unpaid leave unless I can make it back to the UK and be available to come to work (if asked) within 24h window. Is there anything I can do in order to be furloughed? or is it possible to end up with a disciplinary after this? (I am trying to prevent getting there or if I know there might be a chance of the second one happening I would be looking for another job asap) (I am still stranded abroad but my line manager keeps me updated about the work situation and says to keep looking after myself)

bradders1983

I know you wont want to hear this but it was probably a foolish thing to do to travel abroad when the UK Foreign Office advised against it and air routes were being cancelled at short notice. 

Your boss is correct, you are not available to work as it stands.

sharpe106

Furlough is at the choice of the company so they can decide to apply for it or not. The idea of the scheme is to protect jobs, and they are right potentially the furlough can be cancelled at any time and you could be required to work. They might have plans to reopen soon or might be wanting staff to return to work to get ready to open.

epm-84

bradders1983 said:

I know you wont want to hear this but it was probably a foolish thing to do to travel abroad when the UK Foreign Office advised against it and air routes were being cancelled at short notice. 

That's actually not a sensible response given the original post states they are not a UK citizen.  The FCO advice is for British passport holders so may not be accurate for non-British passport holders.  Take Iran, for instance, the FCO advised against all but essential travel to Iran even before COVID-19 which was because they felt British citizens and citizens of certain other countries had been unfairly arrested and detained.  That didn't mean someone from a country which is on good terms with Iran would need to restrict travel.  You should always refer to the advice of the country which issued the passport you are travelling on.

We also don't know what the purpose of travel was, if they are travelling back to their home country it might not be the relaxing holiday that you are presuming it was and they may have had a need to travel which would be classed as essential travel, even if it was for personal purposes not work related purposes.

sharpe106

I don't think why they travelled is really relevant. Makes no difference to the outcome. 

epm-84

CuriousUser said:

Hello everyone,
I hope you are all doing well
I am here hoping to find some answers from people who are knowledgeable or came across the same situation. I work for a large company in the hospitality industry and the business shut at the end of March. I was furloughed on the 8th of April for 21 days (so up to the 29th). Now I had booked and approved a holiday on the 27th of April to the 5th of May with the intention to go traveling back home (oversea citizen). I emailed my line manager about my intention and he advised that it's fine and that me being with someone I feel close to has to be a priority and that he understands. Now, I could not get back to the UK on the 5th of May so of course, I informed my manager once again. He replied saying that now I am on unpaid leave unless I can make it back to the UK and be available to come to work (if asked) within 24h window. Is there anything I can do in order to be furloughed? 

On the Martin Lewis show he was asked a question by someone who was stranded in Spain when lockdown restrictions were imposed and consequently is unable to work.  Martin said from his understanding there's nothing in the rules which would prevent that person being put on furlough as they can't work and the reason they can't work relates to COVID-19.  However, each time he's talked about furlough he's reminded us that it's the employer who decides who can and can't be furloughed, not the government.

You could perhaps say that your understanding is someone who is unable to get back to the UK can be put on furlough but you also understand that the intention of furlough is so that you can be recalled as and when your employer needs to.  Perhaps suggest as a compromise that you could be on furlough but if the employer needs you to return but you're still abroad at that point, then to move you to unpaid leave at that point.