Furlough - legalities of who is furlough'd
Furlough - legalities of who is furlough'd
Author
Discussion

heisthegaffer

Original Poster:

4,094 posts

221 months

Thursday 2nd April 2020
quotequote all
Morning all

Does anyone know if there are rules around who is furlough'd at all? My wife has been with her company for 17 years in a team of 4 and the others have been there 5 years, 1 year and 4 months respectively.

Doesn't need to be on a last in, first out basis or can any of them be chosen randomly?

Welshbeef

49,633 posts

221 months

Thursday 2nd April 2020
quotequote all
As I found out earlier this week it needs an employee to be in role from 28/2/20 or before else they do not qualify.
I have to furlough someone who joined after that date I’m dreading the conservation frown as they will get nothing.

Also I’ve been involved with grading roles individuals so we have waves of furlough (me in clouded at a future point). These so far are suggestions but it’s brutal and extremely sad.

Anyone can be furloughed

mondeoman

11,430 posts

289 months

Thursday 2nd April 2020
quotequote all
There are no rules, its entirely down to the company to choose - length of service etc... have no bearing on this at all.

Companies will look at who is critical, then who costs the least most likely, and furlough everyone else. So long-serving (higher paid?), non-critical will be benched toot-suite.

heisthegaffer

Original Poster:

4,094 posts

221 months

Thursday 2nd April 2020
quotequote all
OK, thanks all., appreciate the responses.

Best of luck all.

slow_poke

1,855 posts

257 months

Thursday 2nd April 2020
quotequote all
Welshbeef said:
As I found out earlier this week it needs an employee to be in role from 28/2/20 or before else they do not qualify.
I have to furlough someone who joined after that date I’m dreading the conservation frown as they will get nothing.

Also I’ve been involved with grading roles individuals so we have waves of furlough (me in clouded at a future point). These so far are suggestions but it’s brutal and extremely sad.

Anyone can be furloughed
Chin up, look for the silver lining.

cossy400

3,414 posts

207 months

Thursday 2nd April 2020
quotequote all
Welshbeef said:
As I found out earlier this week it needs an employee to be in role from 28/2/20 or before else they do not qualify.
I have to furlough someone who joined after that date I’m dreading the conservation frown as they will get nothing.

Also I’ve been involved with grading roles individuals so we have waves of furlough (me in clouded at a future point). These so far are suggestions but it’s brutal and extremely sad.

Anyone can be furloughed
Didnt i read that if they arent able to recieve it from you they can ask there previous employer to apply for it for them? CONFIRMED: Lost your job due to coronavirus, or were in process of changing job? Old employers can rehire you to furlough you
Before the furlough support was announced, many people were laid off by panicking firms. And then there were some unlucky people who voluntarily resigned one job to go to another, eg, to start a new job that's now fallen through.

We've had it confirmed that in either of these scenarios, you could be eligible for furlough, but only if your old employer agrees to take you back on to its payroll AND you were on its payroll on 28 February. Sadly, there are no guarantees that you'll be offered furlough retrospectively, but speak to your old employer anyway and ask it to help you.

If you're an employer, we'd urge all employers to do what you can – you're not playing fast and loose doing this, you're doing what's intended.

It's worth pointing out though that this is aimed at helping those who find themselves out of work due to coronavirus - so if for example you were already in the process of being made redundant when coronavirus hit, or if you chose to leave your job and didn't have any intention of taking up a new one, you're unlikely to be able to be furloughed.

If you've been laid off since 28 February and want to try and get furloughed by your old employer, then:

Get in touch with employer.
Explain the furlough process to them.
Show your employer HMRC's guidance on the furlough scheme.
Watch Martin's video on the furlough process.
One of Martin's friends tried this, and was successful...



https://www.moneysavingexpert.com/news/2020/03/cor...

Linky






Jasandjules

71,939 posts

252 months

Thursday 2nd April 2020
quotequote all
heisthegaffer said:
Doesn't need to be on a last in, first out basis or can any of them be chosen randomly?
It is for the company to decide based on their needs however it is sensible to seek agreement from the Employee.

The_Nugget

736 posts

80 months

Friday 3rd April 2020
quotequote all
Jasandjules said:
It is for the company to decide based on their needs however it is sensible to seek agreement from the Employee.
The employee has to agree to be furloughed, otherwise the company can’t impose it.

Sam99

297 posts

196 months

Sunday 5th April 2020
quotequote all
Hello

On this subject I have a question.

I worked for a Company through an Agency since Dec 2019

On March 16 2020 I was taken on full time , by the same company.
I still am employed by them.

However , due to my age , I would like to be furloughed .
I asked my manager and he said because I was not on the Staff Payroll at the beginning of March, I was working for him as a Contractor , he cannot furlough me.

Is he correct ???

I suppose I’m lucky to be still working, but at my age I would rather be at home in self-isolation.


Any comments , please ?

AdBall500

25 posts

97 months

Sunday 5th April 2020
quotequote all
Sam99 said:
Hello

On this subject I have a question.

I worked for a Company through an Agency since Dec 2019

On March 16 2020 I was taken on full time , by the same company.
I still am employed by them.

However , due to my age , I would like to be furloughed .
I asked my manager and he said because I was not on the Staff Payroll at the beginning of March, I was working for him as a Contractor , he cannot furlough me.

Is he correct ???

I suppose I’m lucky to be still working, but at my age I would rather be at home in self-isolation.


Any comments , please ?
Unfortunately yes, he is correct. In order to qualify the employee must have been on the employer’s payroll at 28 February 2020 (yes, 28th rather than 29th - unsure if this was intentional by HMRC or not).
Plenty of useful info here.
Quite a few in the same boat, presumably to stop people putting everyone onto a PAYE scheme after it was announced to protect against false claims.

Sam99

297 posts

196 months

Monday 6th April 2020
quotequote all
Its as I thought .
Thank You

Also thank you for the link

anonymous-user

77 months

Monday 6th April 2020
quotequote all
Wife’s friend also works for NHS, at a doctors surgery
She has to self isolate for 12 weeks due to Chemo a few years ago
Doctors/accountant trying to furlough
Is that right? A proper use of taxpayers money?

cossy400

3,414 posts

207 months

Monday 6th April 2020
quotequote all
Jimboka said:
Wife’s friend also works for NHS, at a doctors surgery
She has to self isolate for 12 weeks due to Chemo a few years ago
Doctors/accountant trying to furlough
Is that right? A proper use of taxpayers money?
Im in the same boat, having 12 weeks off, my company were trying to avoid furlough so i was stuck on SSP, but it now seems they might not have a choice, so ive emailed and asked to be furloughed, as im going to end up paying somewhere along the lines so why not take it if i can?

Eric Mc

124,766 posts

288 months

Monday 6th April 2020
quotequote all
A person off work because of illness should not be claimed for under the furlough scheme.

cossy400

3,414 posts

207 months

Monday 6th April 2020
quotequote all
Eric Mc said:
A person off work because of illness should not be claimed for under the furlough scheme.
What if your not ill just shielding on the orders of the NHS etc?

Welshbeef

49,633 posts

221 months

Monday 6th April 2020
quotequote all
cossy400 said:
What if your not ill just shielding on the orders of the NHS etc?
Then you can be furloughed.

cossy400

3,414 posts

207 months

Monday 6th April 2020
quotequote all
Welshbeef said:
cossy400 said:
What if your not ill just shielding on the orders of the NHS etc?
Then you can be furloughed.
Well ive emailed and asked to be, so ill await the outcome as they have said they ll get back to me... below is my current situation hence ive asked to be furloughed. (posted in the other furlough thread last night)


just i guess a you dont ask you dont get kind of post.

Im high risk of catching CV so 2 weeks ago, i got my text on the Monday and my letter from the NHS on the Tuesday.

Spoke to my line manager who was fine and said it was fine and to get off home, but id only be paid sick pay, as the company was hoping to avoid furlough because alot of the work is "key worker" stuff and with people working from home etc the people on the floor as such would still be needed..

So i booked a days holiday for every week im off to use them and to absorb the hit a little rather than the £94 a week.

BUT this weekend ive been ready the company portal and theres an "update" that saying that even the floor staff as well as the office are looking like they are going to have to furlough.

So would i be being cheeky to ask if i can be furloughed? or should i just suck it up?




Welshbeef

49,633 posts

221 months

Monday 6th April 2020
quotequote all
If you are £37,500 and are furloughed a smart way to play it is to take 1 days annual leave every week. This in a situation where your company are not topping up.

You’ll get full salary for up to 6 months - assuming furlough lasts that long for not doing one jot of work.

Then no leave Oct-Dec and the new annual leave year starts in Dec. You cannot lose.

Muzzer79

12,664 posts

210 months

Monday 6th April 2020
quotequote all
We are told to use a selection matrix, similar to a redundancy one, to decide who is furloughed (in the event of multiple people in the same role and only a portion needing to be furloughed)

You can furlough people who are shielding for CV. You can't, I'm told, furlough people who are self-isolating with symptoms or due to symptoms in the household.

Welshbeef

49,633 posts

221 months

Monday 6th April 2020
quotequote all
We are doing a rotation too on furlough (4 weeks not 3 weeks to make payroll easier) this way where possible everyone shares the pain rather than fewer but hit harder.