Company Shut For A Week

BigMac79

The company I work for had a bit of a COVID outbreak and decided to close for a little over a week. We reopened today. We were informed on Friday 23rd October at around 5pm that once we closed at 6pm we wouldn't reopen until this morning.

Whilst off I had an emailed stating that I couldn't be furloughed under JRS as I had started with the company on April 1st and the cut off to be on the payroll was in March so my options were to take the time as holiday or to be laid off without pay. I dug out my contract and the only mention I can find of a lay off is very short and vague but basically says they can lay me off if required but doesn't give any information on how much notice I would be given or anything like that.

So my question is can I be laid off, if not I assume they would have to pay me for the time we were closed without me taking it as holiday?

Grumpy_chap

It seems as though the company are correct, that the period they were closed in October, the OP would not be eligible for furlough as not on payroll by the qualifying date in March (also had to be furloughed by June to be furloughed at all).

The options seem to be to accept the time as lay-off (unpaid) or take annual leave (and be paid). 

If the contract is silent on the details of lay-off, then there may be something in a staff handbook but failing that the company can pretty much make it up as they go.  The "lay-off" clause is probably just in the contract with no expectation it would ever come into practice.

These are extraordinary times and it is probably in the OP's best interest to be flexible and show forbearance.  Accept one of the two options that have been presented.