Furlough and Sabbatical

JoBydnah

I work in the pub trade and just before covid hit I applied for a sabbatical to take place from 2nd week of April to end start of July (12 weeks). However things quickly changed and pubs closed and a lot of lines of communication was also closed. 
I wasn't furloughed unlike others within the company i work for although i have been on the payrole for over 8 years. The company said because i have applied for sabbatical and didn't apply to cancel it i am not eligible for furlough, including the weeks before my sabbatical was due to start (2 weeks). I am also shielding which the company is aware of, so shouldn't be returning to work until august 1st. 
My mistake was assuming i was furloughed as all communication i received was generic stating that all employees were put on the scheme, except for those on parental, pregnancy, maternity and paternity. I don't know where i stand, as the reasons for my sabbatical were affected by covid. Some advice sites that cover this say anyone who were due to take unpaid leave after march 19th could be furloughed. Because of the situation ive spoken to citizens  advice who have helped me apply for UC and ESA, but could the company have furloughed me and is there no way to back date this?

calcotti

If you have not been furloughed there is now no way for your employer to do this - even if they want to.

LilElvis

It's too late to be placed on furlough now as you would have had to be placed on it by June 10th. If you have received the NHS shielding letter then you can ask your employer to pay you statutory sick pay from the end of your sabbatical until the end of July.

LilElvis

It's too late to be placed on furlough now as you would have had to be placed on it by June 10th. If you have received the NHS shielding letter then you can ask your employer to pay you statutory sick pay from the end of your sabbatical until the end of July.

sharpe106

They could have done but they can't now. For the two weeks before your sabbatical started what were you doing?

unholyangel

The rules basically say that if, between 1st March & 30th June, there is an unpaid sabbatical or other unpaid leave that no CJRS claim can be made for that employee and your 21 day minimum furlough period cannot begin during that leave. 

So while your employer could have furloughed you before the unpaid leave started, if it was only 2 weeks, it wouldn't have met the 21 day requirement anyway as the requirement has to be fulfilled by 30 June and you weren't due back at work until July. 

However, for those 2 weeks......your employer should be paying you in line with your contracted minimum. Which may not be of any help if you're on zero hours (as so many of the hospitality trade are). But worth mentioning perhaps.