Tupe and furlough

Dottydoolay

Asking for a friend please,
Bit of background a pub took over a couple of months ago should have been Tupe transfer by all accounts(previous owners also think this)but new employer is denying this is the case.
Is this all matless anyway and as long as on the new payroll by the 30th October cut off date furlough can be claimed?
As furlough does have a cost to employers with a minimum contribution is it just a case of these new employers simply have chosen not to claim/make that contribution to their what they claim as newly appointed staff? 

Employer has told staff they are basically getting nothing is point blank denying Tupe in the first place and indicating will claim furlough but fat chance of getting it. Also monthly payroll but is paying staff last weeks wage straight away and not waiting until the last day in November when it’s actually due.
Thankyou for any input 

Jeremy535897

I am not sure what your question is.
If there was no transfer of the business, all the staff should have received statutory notice and accrued holiday, and also redundancy pay from the previous employer if they had worked there more than two years. It is most unlikely that TUPE did not apply.
Furlough is at the discretion of the employer. An employee has no right to it, but employers cannot just stop paying people on full time contracts of employment. It will depend on what those contracts say.

Dottydoolay

Yes I know it’s at discretion of the employer and there is no right to furlough The employer is stating that as new staff he can’t claim the furlough for them not that he won’t that he can’t. I am wondering if there is indeed any legal loophole that would prevent him claiming? Unless of course he hasn’t submitted details by the cut off date but the transfer was over 2 months ago so I’m puzzled.

They got accrued holiday pay that was it no redundancy payment and were on the understanding the rest was down to a Tupe transfer(well over 2 years service).
No written contracts in place at all but the new employer has suddenly asked the staff to sign a rolling 4 week contract as of yesterday.
Im just puzzled by the lot when advising my friend because of the claim that the employer cannot claim furlough for them.

Dottydoolay

Sorry it’s a 7 day rolling contract not a 4 week one.

Jeremy535897

If they were on the payroll by 30 October, by which I mean an RTI submission had been made for them by then, they can be furloughed in lockdown.