Shielding and they wont furlough (RTI) issue

p00hsticks

Jeremy535897 said:

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.

Even if the employer has work available for the employee and has not agreed to furlough the employee ?

I read it that the employer has NOT agreed to furlough - rather the employee has received a shielding letter, is not therefore available for work (being unable to work from home) and has therefore asked the employer if they can be furloughed. 

Surely in this case SSP is the way to go unless the employer is feeling generous, particularly as any wages could not be reclaimed under CJRS. 

Apologies if I've misunderstood the situation or misinterpreted your reply....

68ComebackSpecial

SJAW75 said:

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

Look at your entitlement for Universal Credit.

68ComebackSpecial

SJAW75 said:

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?

Can your employer provide you with a "covid safe" environment? Have you made any suggestions as to changes which could be made to your working practices to allow you to continue working? My husband works with hauliers and came up with a totally contactless and paperless system to allow HGV drivers to safely continue trucking several hundred loads per day out of HS2 sites to landfill and rail heads.

unholyangel

If there's work available then imo the employer is being generous, although not the maximum generous they could be. If they were furloughing employees then it's actually costing them more to pay SSP than it would furlough the OP, since SSP has been paid by the employer for a while now (although Gov did fund up to two weeks per employee where they were isolating and made it payable from day 1).

I say they're being generous (I know it probably doesn't feel like it) because the alternative would be to let the OP go. Even if it was a disability, you can only request reasonable adjustments and your employer can terminate the contract on medical grounds if you're unable to fulfil the role and there are no reasonable adjustments that can be offered. 

OP is there any work you could perhaps do from home for this employer or another? Even if it's lower paid or not your normal work? We used to do this for contractors who were unable to do their normal work due to health. It wasn't ideal, but much better for them than the alternative. 

Jeremy535897

p00hsticks said:

Jeremy535897 said:

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.

Even if the employer has work available for the employee and has not agreed to furlough the employee ?

I read it that the employer has NOT agreed to furlough - rather the employee has received a shielding letter, is not therefore available for work (being unable to work from home) and has therefore asked the employer if they can be furloughed. 

Surely in this case SSP is the way to go unless the employer is feeling generous, particularly as any wages could not be reclaimed under CJRS. 

Apologies if I've misunderstood the situation or misinterpreted your reply....

OP was not "on the payroll" before 31 October 2020 due to the mid month payment system operated by the employer, so could not be furloughed. SSP is unfortunately the best option here.

poppy12345

SJAW75 said:

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?

That'll be the SSP that you're already claiming. I'm sorry but no one is entitled to furlough and paying into the system all your working life isn't going to help you be furloughed.

calcotti

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.

SSP is paid by the employer and they are not normally reimbursed by the government (although there is a temporary provision for government to reimburse two weeks of SSP if isolating). Obviously in this case, as the OP is a public sector worker, this means SSP is still funded by government.