Not Entitled to furlough pay

agencyworker1985

Hello, I’m an agency worker and I started a new job on the 9th March. I worked for 2 weeks up until the coronavirus stopped work. I’ve not had my employment stopped, I’m still with the agency. However the agency and my employer after 10 weeks of them both saying I’ll be getting furloughed have now both said I’m not entitled to anything. They claim my first payslip didn’t get paid till the 19th March so they wouldn’t of sent the RTI to HMRC till the 20th or later and the date in which you must be eligible is the date when the RTI is received by HMRC. Is this true?

Also my previous employer won’t furlough me.

I’m 34 and I’ve been working and paying full taxes since I was 17 so I feel like the system is letting me down.

adamp87

If they haven’t noticed HMRC you are on the payroll before the 19th I believe they can’t claim.

Irrespective unfortunately employers aren’t required to furlough anyone it’s up to them, there are cracks in the system and unfortunately you have fell through along with others.

Have you looked at what you are entitled to benefit wise to help?

poppy12345

RTI must have been submitted no later than 19th March, if it wasn't then you can't be furloughed. If you don't have savings/capital of more than £16,000 then look at claiming Universal Credit. A claim for UC will end any tax credits you may already be claiming. Use a benefits calculator to check entitlement. https://www.entitledto.co.uk/

If you're not eligible then New style JSA maybe possible as you've been working since you were 17. It pays £74.35 per week. There's no financial gain in claiming them both together because the NS/JSA will be deducted in full from your UC entitlement.

angie_87

agencyworker1985 said:

Hello, I’m an agency worker and I started a new job on the 9th March. I worked for 2 weeks up until the coronavirus stopped work. I’ve not had my employment stopped, I’m still with the agency. However the agency and my employer after 10 weeks of them both saying I’ll be getting furloughed have now both said I’m not entitled to anything. They claim my first payslip didn’t get paid till the 19th March so they wouldn’t of sent the RTI to HMRC till the 20th or later and the date in which you must be eligible is the date when the RTI is received by HMRC. Is this true?

Also my previous employer won’t furlough me.

I’m 34 and I’ve been working and paying full taxes since I was 17 so I feel like the system is letting me down.

If you have a valid contract of employment, then the employer (and you) is obliged to comply with the terms agreed, unless you jointly agree otherwise.
If your employer is not abiding by the contract they willingly entered into, sue them in the small claims court.


Are you perhaps on a zero hours contract?

If so, you were aware that if you do no hours, you get zero pay.
You should also be aware that under any zero hours contract you are free to take up employment anywhere else.

I don't think the system is letting you down. I think it sounds like you are letting youself down.
Do something about it. The quicker you act, the quicker you will get yourself out of this hole.
You've already had 10 weeks.

agencyworker1985

Thanks for the reply Angie. I do have a valid contract and I’m not on a zero hours contract. As far as I’m aware (judging from what I have learnt from previous comments and more recent correspondence with my employer) my employer hasn’t done anything illegal. My original post was to enquire about the RTI situation, which I understand now.

Just to let you know it’s took 10 weeks to get a straight answer from my employer. I’ve been previously told over the course of those 10 weeks that I would be getting furloughed and that I should wait. As I have a one year old child and my wife works full time in the NHS It seemed the sensible option to try to go down the furlough route. I’m sure it sounds more like I’m complaining which I don’t mean to do, it’s just frustrating that if I’d started one week earlier I would of been eligible. There’s many more people going through harder times (not just financially) than me so I’m grateful for what I have during these crazy times.