Shielding and they wont furlough (RTI) issue

SJAW75

Hi.

I joined my employer as HGV driver on 14/10/20 and was asked to shield by the government on 05/11/20. Even though my start date came in with the government’s deadline of 30/10/20 because the company's payroll operates on a 4 weekly and the pay period before I joined were 14/09/20-11/10/20, with pay day being 16/10/20, the RTI would have been submitted to HMRC on the same date (16/10/20), therefore leaving me excluded from the furlough scheme. This is because I would have come under the RTI on 13/11/20. If the company were operating a monthly fixed payroll date (last day of month), I would have therefore qualified for the scheme.

On 13/11/20 I received an email from payroll, following me chasing for information with regards to whether I would be furloughed? This letter advised that I did not qualify for the furlough scheme due to the 4 weekly payroll and the date of RTI submission. 

With this current round of furlough the RTI submission date to HMRC has stayed the same as Oct 20 dates. Therefore I will remain on SSP as before and not qualify for furlough. Why should I be penalised for my employers choice of payroll model?

Advice? Thanks

JamoLew

Furlough is intended for people who are available for work - if you are shielding, you aren't

SSP is correct

(some employers may be more generous and allow furlough, but it is not a "right" in your case)

mattyprice4004

No one is entitled to furlough - it's down to your employer to choose, so if they don't want to then SSP it is. Sorry.

poppy12345

There's nothing at all that you can do here.  It doesn't matter what the Government do, there will always be people that are left out, they can't please everyone. Although technically, you're only really entitled to SSP.

SJAW75

I understand you cannot please all. However, buy reviewing the system and those who fall through the gaps would be useful. They have in fact done this throughout covid and are constantly adjusting. So I would like to highlight that RTI date not being reviewed or moved on this round of furlough has ensured no salary from 5th November 2020 - to (how long is a piece of string?).

SJAW75

In addition, to put people who are already clinically vulnerable in an even more vulnerable position is totally unacceptable! Especially if you have spent your working life paying into the system. Where's my help?

cattie

Your help comes via SSP, which our taxes & N.I contributions go towards, as well as our whole welfare system. Our contributions also go towards our much envied NHS & everyone of us living in the UK benefits from that from the day we're born.

Jeremy535897

Your employer should continue to pay you according to the terms of your contract of employment. What they can or cannot recover from HMRC under CJRS is a matter for them. Unfortunately, as you have only joined them recently, you have few employment rights, so if they don't pay you, there is little you can do about it.

SJAW75

cattie said:

Your help comes via SSP, which our taxes & N.I contributions go towards, as well as our whole welfare system. Our contributions also go towards our much envied NHS & everyone of us living in the UK benefits from that from the day we're born.

Thank you for stating the obvious!

SJAW75

I forgot that £90 a week SSP should be just enough to live on! Thank you Jeremy, that is helpful feedback. 

Grumpy_chap

I am not sure whether Jeremy's comments relating to furlough, or to be paid as per contract, are necessarily applicable in this case.  Short length of service aside (which means they can let you go easily), furlough or paid as per contract usually assume available for work.  If the OP is shielding then the OP is not available to work.  It would therefore be what the contractual sick pay is, not necessarily normal pay.