Seasonal workers and furlough

MrReeb

I am a seasonal worker and returned to my company for my 3rd year on the 2nd March on the 19th March the day before the furlough scheme was announced I was laid off with a weeks notice. The company have refused to furlough us stating that when furlough ends the work we were employed for will still not be available. They have since admitted breach of contact due to the 1 weeks notice period and paid 3 weekS salary based on furlough pay. Since the government announced furlough would be honoured until the end of October which is when my seasonal contract would have ended is there anything I can do ? I feel I have been treated so unfairly by the company and by them furloughing us it would have been no cost to them. I’m thinking about legal action but obviously not in a financial position to take on a large corporate company. Any advice greatly appreciated. 

unholyangel

It wouldn't have been at no cost to them. You would have still had your normal employment rights for accumulating length of service, holiday pay, SSP etc. 

It's up to employers to decide if the furlough scheme is an appropriate option for them I'm afraid. 

poppy12345

An employer didn't have to furlough anyone, it's entirely their decision. It's now too late for you to be furloughed because the last date for this was 10th June. Why have you left it 4 months before making enquiries about that.

MrReeb

Along with some colleagues we have tried to get the union to fight out Corner but been getting nowhere. I know it’s down to the company but just seems so unfair that they wouldn’t budge on their decision. 

diggingdude

It's perfectly fair sadly.  The company would likely be worried HMRC would could after them if there wasn't going to be a job at the end.  At least you won the notice battle

poppy12345

Whether it's fair or not, there's nothing at all you can do about it. As advised, it's too late to be furloughed now anyway.

gary83

MrReeb said:
I feel I have been treated so unfairly by the company and by them furloughing us it would have been no cost to them. I’m thinking about legal action but obviously not in a financial position to take on a large corporate company. Any advice greatly appreciated. 

Firstly furlough for an entire season would have cost the company, regardless of accruing holiday pay from the end of this month furlough will cost a company increasingly more as its tapered down towards October.

secondly don’t waste any time or money thinking about a legal challenge on the business. Furlough is entirely optional at their discretion. You might have been eligible (though very probably not, did they pay you and submit RTI before March 19th?) nobody was entitled to it. 

Unfortunately I think probably the best advice is to let it go, you weren’t furloughed & it’s far too late to change that now.