Furlough denied

gary83

Yes the company can do it, Furloughing is optional. As well as the cost to the company of administering the scheme, accrual of holiday time it’s going to start to cost the company National insurance & pension contributions and then progressively more until the scheme finishes in October. At a time when most companies have been struggling they might not be in a position to choose to make these payments.

poppy12345

skintymcginty72 said:

My union representative tells me that new government guidelines state that anyone who must shield and is not able to carry out normal duties should be furloughed.

Yes should be but that doesn't mean you must be furloughed. It's still entirely the decision of your employer whether they choose to do that and they don't have to.

The reason the advice was given to use a benefits caluculator to check entitlement to UC was because it could give you some extra money each month but that will depend on your circumstances.

sharpe106

skintymcginty72 said:

Wow.... not sure why anyone would assume that someone with a disability would just claim benefits! I choose to work and didn’t choose my medical condition. My union representative tells me that new government guidelines state that anyone who must shield and is not able to carry out normal duties should be furloughed. I have worked all my life so why shouldn’t I be furloughed?

Nobody assumed you would just claim benefits, you were just giving you advice if the employer did not furlough you, which by sounds of it they do not want to. 
Your union representative is wrong  it should be could be furloughed not should be. 
What does working your whole life have to do with being furloughed?

sharpe106

skintymcginty72 said:

Perhaps I should go back to work and risk catching Covid and potential death, at least my family would get death in service.... unbelievable! 🤔

You also never actually said that your illness/disability that you had were off with before covid put you into the high risk group, a lot of illness/disabilities will not. 

skintymcginty72

Thanks for your feedback. Only those that are shielding are classed as highest risk, which I am.... others have been asked to isolate and take precautions.

nannyto2

It is up to them not up to you.

poppy12345

That still doesn't mean you should be furloughed.

Barney_Rubble_0403

Have a look at HMRC website. It doesn't quite give a black and white yes/no answer but does to me say that it is down to the employer.
I guess you are either sick o,r not. You were off sick so, to me furlough is for those available for work but unable to work due to the financial effect of virus on thebusiness.

What would happen if you made yourself fit for work? Could the employer guarantee a working environment to shield you or allow you to work from home. If not then you would have more of a case. But, at the moment you are sick and unavailable for work.

Grumpy_chap

skintymcginty72 said:

My union representative tells me that new government guidelines state that anyone who must shield and is not able to carry out normal duties should be furloughed. I have worked all my life so why shouldn’t I be furloughed?

If you are a member of a Union and your workplace recognises the Union, then you will get more appropriate and specific advice through the Union Rep than you can ever get from a public forum.

Caz3121

The government information states

If your employee is shielding

Employees who are unable to work because they are shielding in line with public health guidance (or need to stay home with someone who is shielding) can be furloughed.

https://www.gov.uk/guidance/check-which-employees-you-can-put-on-furlough-to-use-the-coronavirus-job-retention-scheme#if-your-employees-health-has-been-affected-by-coronavirus-covid-19
'can' is different from "should" ... it is completely the employers decision whether to furlough an employee