Am I entitled to Furlough?

jpr3rd

Hello 

I have tried to search for answer but no luck unfortunately. 

I was due to start my new job on 23rd March 2020 (last date of role 20th March)  offer has been delayed due to COVID. The job offer still stands.

My current employer has let me stay on working with them but have now given me a end date of 26th June. As they have found my replacement and they are not allowed the extra head count. 

I have read information on the 

Martin persuades Government to allow firms to rehire and furlough staff who left for other jobs. ( I can't post link) 

Because my job didn't fall through just the start date has been delayed, would I fall under this rule. ( I know it's only optional for my company to do this but I'd hope they would) 

Does anyone have any insight? 

Many Thanks

adamp87

I’m not sure what rule you are referring to but there isn’t a work around unfortunately.

You won’t be on the payroll for your new role that’s delayed (For the cut off date) so they can’t furlough you.

neilmcl

First of all nobody is "entitled" to furlough, they may be eligible, and if they are then that's purely down to the decision of their employer. Second, as you were not on the payroll of this new employer by the 19th March then the employer will not be able to claim CJRS, so you can't be put on paid furlough with them. You could always ask your current employer if they will furlough you instead.

sharpe106

You could ask but it would cost them so I would not be surprised if they said no.

poppy12345

Is there any reason why you've waited this long? What have you been doing for money since March? It's unlikely that your former employer will agree to furlough you.

sharpe106

poppy12345 said:

Is there any reason why you've waited this long? What have you been doing for money since March? It's unlikely that your former employer will agree to furlough you.

Still working for the company, the OP stated they let them carry on working but they have now found a replacement so no longer need them.

jpr3rd

This was the articale

Lose to coronavirus, or were in process of changing job? Old employers can rehire you to furlough you

Resigned but your new job fell through due to coronavirus? Or laid off by panicking firms before the Government announced its support package?

In either of these scenarios, you could be eligible for furlough, but only if your old employer agrees to take you back onto its payroll AND you were on its payroll by either 28 February or 19 March 2020. Being on the payroll means that you need to have been paid (or been about to be paid) at least once by the company by that date.

Martin pushed for the guidance to include people who had voluntarily left their job but then had their new job fall through – and it now does. It says: "If you made employees redundant, or they stopped working for you on or after 28 February 2020, you can re-employ them, put them on furlough and claim for their wages from the date on which you furloughed them".

An updated version of the guidance also adds a similar statement to reflect that the cut-off date was originally 28 February 2020 and was then changed to 19 March 2020. This says: "If you made employees redundant, or they stopped working for you on or after 19 March 2020, you can re-employ them, put them on furlough and claim for their wages through the scheme from the date on which you furloughed them."

Remember, old firms don't have to rehire and furlough employees, but at least they can. Speak to your old employer anyway and ask it to help you.

If you're an employer, we'd urge you to do what you can – you're not playing fast and loose doing this, you're doing what's intended 

It's worth pointing out that this is aimed at helping those who find themselves out of work due to coronavirus – so if, for example, you were already in the process of being made redundant when coronavirus hit, or if you chose to leave your job and didn't have any intention of taking up a new one, you're unlikely to be able to be furloughed.

I have continued to work in the 

(I was leaving) they had extended me until 26th June. So I will be unemployed from that's date until the my new company has a start date for me. I have been working throughout the whole period. 

I would be asking my current company that in am now leaving If they can re-hire me. So I 'eligible' for Furlough. As I was still on my current firm's payroll on 28th March. 

My question is more.... My new job hasn't fallen through it's just they have moved  the  start date due to COVID.

I wander if id be eligible! 

Thanks 

bradders1983

CAN rehire you, but dont HAVE to.

Anyone being rehired will regain holiday rights so it is not a freebie for any employer to do it for lapsed employees.

sharpe106

Martin basically forced the government to say that to shut him up and to try to make themselves look like they are looking after people.  What they did not say was that it was not free for an employer and if the company was already struggling to survive why would they be spending money on helping others.

jpr3rd

sharpe106 said:

Martin basically forced the government to say that to shut him up and to try to make themselves look like they are looking after people.  What they did not say was that it was not free for an employer and if the company was already struggling to survive why would they be spending money on helping others.

Thanks .... I'll give it a shot!  The company is actually really busy. Just a HR technically on headcount. US based company. 
I'll give it a shot or fingers crossed that my start isn't to far away for new role..
Cheers 

gary83

Remember from august the 1st your ex employer would have to pay a still unknown percentage of your furlough payment themselves. Do you still think they’ll be feeling that generous?