Shielding and furlough

calcotti

It says people who are shielding and cannot work from home can be furloughed, not that they are entitled to be furloughed.

p00hsticks

Martin's point is that companies CAN furlough shielding employees - not that they MUST

Jeremy535897

It is rather an interesting question. I think everyone would accept that if an employer chooses to furlough employees, the selection of who is furloughed must stand up to the tests for discrimination and equality in employment legislation (the guidance makes this point).

There is an argument that employers have an inherent duty to their employees, such that they should not refuse to furlough them for no good reason. The analysis started with zero hour contracts, but there is no treason why it does not apply to all employees:
http://www.oldsquare.co.uk/images/uploads/news-and-media/JRS_Blog_14.4.20_SB.pdf How successful an argument would be along these lines remains to be seen.

phil_davis

It's odd to me as I've been shielding for 3 months while furloughed, now shielding has been extended for 4 weeks, my company decides it's taking me off furlough and onto SSP for the remaining 4 weeks

Mrsn

phil_davis said:

It's odd to me as I've been shielding for 3 months while furloughed, now shielding has been extended for 4 weeks, my company decides it's taking me off furlough and onto SSP for the remaining 4 weeks

Not really when considering the scheme literally changes on Wednesday for the way the employer can use it. 

hb2

phil_davis said:

It's odd to me as I've been shielding for 3 months while furloughed, now shielding has been extended for 4 weeks, my company decides it's taking me off furlough and onto SSP for the remaining 4 weeks

Your employer was happy for you to be furloughed when they didn't want you to work. Now they have asked you to return and you have said 'No' because of your health (I know you are not ill at the moment but you obviously have a pre-existing condition, otherwise you would not be shielding) , therefore SSP seems completely appropriate.

diggingdude

This biggest challenge to any recovery in the UK will not be government policy, but to change the minds of those who have stayed at home scared by the media for 100 days that it is time to go back to work. SSP is absolutely the correct procedure here, its debatable that furlough should have ever been paid so I would keep quiet about it