Unfair furlough?

upsetdad

My partner works, term time 38 weeks a year, so she gets 38 weeks wages (salaried) she get paid monthly all year round. she has recently Returned to work after being furloughed and is back working her contracted hours. Today her boss has told her she may have to be furloughed for the 6 weeks summer holidays?
surely that isn’t allowed? You are either working your contract or you are furloughed employers can’t just pick and choose when a contract doesn’t suit them surely?

bradders1983

Unions would have a fit at this, has she contacted her Union?

upsetdad

She doesn’t have a union in her private nursery I’m with unison I wonder if they can help

elsien

She can be a union member and get their support, regardless as to whether the employer recognises the union or not. Although they tend not to want to take people on where the issues have happened when the person isn't a member. Can't hurt to ask the question though. 

What is the reason that they are saying she may have to be furloughed? Reduced number of children coming in? I have seen other posts on here where employers are "rotating" the furlough around different staff. 

upsetdad

I believe they are pretty quiet and possibly struggling but this is clear as day, they only want to furlough her (again) because she doesn’t work the school holidays she is only contracted to work term times with her wages being reduced monthly to keep a regular monthly wage.
is it even legal to furlough someone in this manner?

Galloglass

So the contract says term time, and in non-term time she is effectively unpaid/zero hours. The pay being split over 12 periods is just a cash flow issue/convenience for the nursery.

Looks like an abuse of the system by claiming for time being worked - but paid in a different pay period. 

I'm wrong on this one. Apologies. HMRC reference the pay period (on RTI) and not how the pay was earned. 

Thrugelmir

Bottom line is whether the nursery is able to pay your partner. With the loss of income already incurred and the lower income in the immediate future. Cash may be extremely tight. With no money the business may well fold. 

prowla

A furlough period is a minimum of 3 weeks; you can be furloughed multiple times.

Any employees you place on furlough must be furloughed for a minimum of 3 consecutive weeks. When they return to work, they must be taken off furlough. Employees can be furloughed multiple times, but each separate instance must be for a minimum of 3 consecutive weeks. Each period of furlough can be extended by any amount of time whilst the employee is on furlough. However the scheme end date is the last day you can claim for through this scheme.

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme#agreeing-to-furlough-employees

jimkelly

Are they topping up the furlough to 100%?

[Deleted User]

I am not sure what your complaint is, your wife has been put on furlough because her employer does not have enough work for her and can not afford to pay her. If they do not put her on furlough then they will probably make her redundant, which would you prefer?

Splatfoot

MadMattUK said:

I am not sure what your complaint is, your wife has been put on furlough because her employer does not have enough work for her and can not afford to pay her. If they do not put her on furlough then they will probably make her redundant, which would you prefer?

I'm reading it as though she never works during the summer holidays but her employer splits her pay over 12 months. So usually, she would not be working overthe summer hols but still gets paid  because she's not paid full wage the months she does work. But instead of paying her out of their own pocket, they will say she's furloughed, (she's not) even though she never works anyway, so the Government can pick up the bill.