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what can i do in Nov if boss wont have me back to work but wont put me on the new scheme?

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  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
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    There's some info on the Acas site

    https://!!!!!!/2FubBWR

    Employers are supposed to communicate with employees. Your employer sounds awful. 
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
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    edited 14 October 2020 at 9:16PM
    Cat44 said:
    GabiB said:
    Putting you on the scheme is at the employer’s discretion (sorry about that 😉), I suppose you could turn up to work but may be turned away (not needed/covid rules). Unfortunately you are stuck in a situation over which you have no control. Do you have a union who could try to help with this?
    If you have minimum contracted hours then your employer needs to pay you for those hours, even if they have no work for you. 
    Well thats what i thought?  if i am contracted then that must be worth something?
    Depends what the furlough agreement was. If it was due to end on a certain date/you've been notified it will end on a certain date then your employer should either be paying you your contracted rate (whether they require you to work or not), seeking to vary your contract (either reduced hours or remain furloughed at a different rate) or giving you redundancy. 

    If they haven't given an end to furlough then your furlough agreement (whether 80% or 100% of your wage) stands until they notify otherwise. 
    Furlough is a government arrangement, not an employers' agreement.

    It ends on 31 October 2020 by which time employers should have spoken to, or at the very least, contacted their employees to advise what the next step is going to be.
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
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    edited 14 October 2020 at 9:50PM
    MalMonroe said:
    Cat44 said:
    GabiB said:
    Putting you on the scheme is at the employer’s discretion (sorry about that 😉), I suppose you could turn up to work but may be turned away (not needed/covid rules). Unfortunately you are stuck in a situation over which you have no control. Do you have a union who could try to help with this?
    If you have minimum contracted hours then your employer needs to pay you for those hours, even if they have no work for you. 
    Well thats what i thought?  if i am contracted then that must be worth something?
    Depends what the furlough agreement was. If it was due to end on a certain date/you've been notified it will end on a certain date then your employer should either be paying you your contracted rate (whether they require you to work or not), seeking to vary your contract (either reduced hours or remain furloughed at a different rate) or giving you redundancy. 

    If they haven't given an end to furlough then your furlough agreement (whether 80% or 100% of your wage) stands until they notify otherwise. 
    Furlough is a government arrangement, not an employers' agreement.

    It ends on 31 October 2020 by which time employers should have spoken to, or at the very least, contacted their employees to advise what the next step is going to be.
    No it's not. The job retention scheme is a government arrangement. 

    Furlough or short term/temporary lay off has existed well before CJRS existed
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • macman
    macman Posts: 53,129 Forumite
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    edited 15 October 2020 at 9:45AM
    In the absence of any redundancy notice, you should advise your boss in writing that you expect to be returning to work on 1/11, or that you will be laid off on full pay, as per your contract.
    It has to be one or the other, you can't be placed in limbo. 
    After 3 years, you are entitled to full statutory redundancy pay (at your contract rate, not your furlough rate) of 1 week per year of service, including holiday pay if not taken, and pay in lieu of notice, if not given.
    No free lunch, and no free laptop ;)
  • mobilejo
    mobilejo Posts: 333 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    MalMonroe said:
    Cat44 said:
    GabiB said:
    Putting you on the scheme is at the employer’s discretion (sorry about that 😉), I suppose you could turn up to work but may be turned away (not needed/covid rules). Unfortunately you are stuck in a situation over which you have no control. Do you have a union who could try to help with this?
    If you have minimum contracted hours then your employer needs to pay you for those hours, even if they have no work for you. 
    Well thats what i thought?  if i am contracted then that must be worth something?
    Depends what the furlough agreement was. If it was due to end on a certain date/you've been notified it will end on a certain date then your employer should either be paying you your contracted rate (whether they require you to work or not), seeking to vary your contract (either reduced hours or remain furloughed at a different rate) or giving you redundancy. 

    If they haven't given an end to furlough then your furlough agreement (whether 80% or 100% of your wage) stands until they notify otherwise. 
    Furlough is a government arrangement, not an employers' agreement.


    This is incorrect.

    Employees have no arrangement with the government. They have a contract with their employers, which will have been amended by a furlough agreement between employer and employee. The government scheme is simply there to help employers pay their employees what they contractually owe them. 

    When the CJRS ends, employees still have a contract with their employers, and if they have not been made redundant or let go, the employee is still entitled to what is due under their employment contract, as amended by the furlough agreement.

    What happens in November is really down to what the furlough agreement says, if the employer has taken no action before then. Its not the employee's issue if the government stop funding the employer. Terminating the employment contract will require a redundancy pay out.
  • Cat44
    Cat44 Posts: 6 Forumite
    First Post
    well its been a week since i last spoke to him.   i think i will put it in writing as suggested.    
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Arrange to go in and have a face to face meeting. You have a right to know where you stand. 
  • Galloglass
    Galloglass Posts: 1,288 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Arrange to go in and have a face to face meeting. You have a right to know where you stand. 
    Shouldn't it be a mask-to-mask meeting?
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