On payroll but not receiving furlough pay

ben8342

Hello, I was working for a bar/ nightclub up until the initial lockdown where everything was shut down. I was placed on furlough pay and have remained on the payroll for the company. Since lockdown was removed back in June/ July the bar I worked in hasn’t re opened but i was taken off furlough. Now the new lockdown has come into place I am still on the payroll but have been told I won’t be recieving furlough pay from the company. Am I legally entitled to this money as I’m still on payroll. Thanks 

Alter_ego

No it's up to the employer.

macman

If you are still on the payroll then the company must continue to pay you your salary, or give notice to make you redundant. Or put you back on the newly extended furlough.
This assumes that you aren't on a zero hours contract: what are your contracted hours?

ben8342

It is on a zero hours contract but i recievied furlough for the first half of the year. Now the company have said because I didn’t support them when they reopened two of their establishments which have completely different hours to what I was working they have taken me off their furlough list 

bradders1983

Yup, not much you can do about that then.

So they asked you to go and work at another site, and you said no? 

ben8342

When I started it was on the basis I worked nights, as in 8pm- 2.30 am. The bar I worked at has not reopened and they asked people to come back in cleaning roles or running tables in the day which unfortunately doesn’t work for me as I work in the day already. 

bradders1983

You are probably lucky you got offered a roll back then and they have taken your "no" as "you dont want to help us".
Sorry, you have no rights here given your zero hour status.

Grumpy_chap

That is a tough position, but the essential part of furlough was that it should only be claimed if there was no work to do.  Your employer had work for you to do, it is just that those hours did not suit your other commitments.  Most people would see working regular day-shift as better than nights - there is always the exception to the rule.

ben8342

I understand that furlough was stopped in July when they opened some parts of the business. I am still on the books and wanting to return to work when the bar I worked in reopens. Now with the whole establishment shut down and I have not received a p45 should I not be entitled to furlough in this new lockdown? 

ben8342

I understand that my furlough would stop when being offered a role but now that everything is shut down I believed i would be placed back on furlough as nobody in the company is working. 

bradders1983

Furlough isnt a right, the employer makes that decision. In essence you have been laid off and they should lay you off through the correct channels.