Furlough not applied for by employer

Financially_Backwards

Hi,

A friend of mine who relies on his income as a barman to supplement his disability benefit has been told today that he wont be getting his 80% furlough pay for last month, because the owner thinks they aren't eligible. The owner says they never got a code from HMRC but refuse to investigate because they are adamant it is a waste of time. 

My friend works at a pub that changed hands in October, and that's why the owners have this viewpoint.  They have also withheld his wages for the 2 weeks in October prior to them taking over, saying it's not their problem,and they don't owe him a penny.

What's the best advice I can give him? He suffers from depression and just accepts whatever life throws him, so I want to give him some proactive steps that will make a difference instead of him just accepting defeat...

Edit:

Since writing the post, the previous pub owner got in touch with him saying his wages will be paid for the start of the month. So now the question is - what counts as a new business / new employment for claiming furlough? Is the new owner correct that since the business takeover happened late in October then they can't apply for furlough?

epm-84

Unfortunately, furlough is a scheme available to employers who need to make short term lay-offs or reduce employee's hours temporarily, they are not forced to use it if they don't want to. If he was expecting a furlough payment and didn't get one then he could also request for his benefits for that period to be reviewed due to exceptional circumstances, as it's likely he should get more if he has no income from his employer.

With regards to owed payment is that for hours worked? If it is and the employer won't pay up then he can speak to ACAS or submit a minimum wage breach report to HMRC.

hb2

The employer doesn't have to use the furlough scheme but they do have to pay the employee according to their contract. Does the person concerned work set hours, or is he on a zero hours contract? Is there anything in the contract about being laid-off without pay?

Jeremy535897

It depends on whether employees were transferred to the new employer under TUPE. If they were, their employment is treated as one continuous employment for furlough purposes (there are detailed rules in the CJRS Treasury Direction). Having said that, if the new owners don't want to furlough him, they don't have to, unless it can be shown that there is discrimination on the basis of disability (which might be the case if other employees have been furloughed who are in a similar position).