furlough scheme

nthorby

My son is 16 nearly 17 and currently works at out local college in the Community as a leisure assistant working the desk for the gym and various sports bookings this is currently closed. He has been told he cannot be furloughed as he does not have a contract he works 2 x 3 hours shifts a weeks and is paid monthly PAYE (although doesn't pay tax as 16) by Hampshire county council sure;y he and his colleagues were entitled to be furloughed. Should we take this further???

[Deleted User]

No one is entitled to furlough, it is entirely at the discretion of the employer.

Jeremy535897

Nobody is entitled to be furloughed. It is the employer's choice.
If he wasn't furloughed by 10 June he cannot be furloughed at all.
Most public sector employers are not supposed to furlough employees.
His age is irrelevant to his tax liability. He doesn't pay tax because he doesn't have taxable income over £12,500 a year. He won't pay NIC because his income will be below the threshold.
There is nothing to take further with anyone.

nthorby

why would an employer not furlough if the employee could be?

Jeremy535897

nthorby said:

why would an employer not furlough if the employee could be?

As explained above, most public sector employers are not expected to claim under the job retention scheme.

bradders1983

I mean, the scheme has been going near 4 months, why are you only just posting this now?

[Deleted User]

In addition to Jeremy's comment it also costs the employer accrued holiday pay and from next month the cost will increase each month, including er's NI, pension contributions and contributions towards the 80%.

poppy12345

nthorby said:

Should we take this further???

No because there's nothing you can do. It's also been 4 months, why ask about it now?

nthorby

ok so i know the scheme for new ended on 10 June, 2 other employees with more hour have been furloughed (so we know this public sector can be as have catering employees!!) and i also work at the same setting in the school and we have been trying to understand why they would not consider these younger employees. It is also my understanding that all employees should have contracts maybe this is not correct, I was just trying to find/get out some helpful information to make sure they have been treated correctly. 

[Deleted User]

nthorby said:

It is also my understanding that all employees should have contracts maybe this is not correct, 

All employees should have contracts.

nthorby said:

I was just trying to find/get out some helpful information to make sure they have been treated correctly. 

He has been treated correctly, it may appear unfairly, but that is totally different nothing can be done about that. 

Jeremy535897

nthorby said:

ok so i know the scheme for new ended on 10 June, 2 other employees with more hour have been furloughed (so we know this public sector can be as have catering employees!!) and i also work at the same setting in the school and we have been trying to understand why they would not consider these younger employees. It is also my understanding that all employees should have contracts maybe this is not correct, I was just trying to find/get out some helpful information to make sure they have been treated correctly. 

It may be that for the sums involved (about £20 a week if on minimum wage), it just wasn't thought to be worth the administrative effort. Public sector employers are actively discouraged from making claims under the CJRS, and it may be they are not getting refunded for those employees on furlough.

There is no legal requirement for employees to have a contract of employment in writing, although it is good practice. The lack of a written contract would not prohibit the younger employees from being furloughed, but it is all academic now due to the 10 June deadline. Employers choosing who to furlough have to follow equality and discrimination legislation, but there is no evidence that they have failed to do this.