Previous Employer Will Not Furlough???

[webbscatering]

I resigned my job after the 28th February but my new employers have shut business until further notice and left me in limbo! I went back to my old employer asking to be furlough under the government scheme but they refused me with this response "sorry but there is a recruitment freeze on (for obvious reasons) so I am unable to help". Although I am not asking for my job back and the furlough is not costing them anything do they have the rights to refuse?

 

cheers

 

Webby

[honeybee13]

Hi.

 

I think I read something on buzzfeed news online that said anyone who resigned after the end of February doesn't qualify for furlough, sadly. I hope I'm wrong but please have a read around google.

 

HB

[slick132]

Hi Webbs,

 

You refer to "my new employers" but when exactly did you start with them, or are you saying you never actually started there.

 

And on what date did you leave the old employer.

 

The dates are crucial to this matter.

[webbscatering]

not to complicate things, I had a full time job with employer #1 and a part-time zero hour contract with employer #2.

Employer #2 offers me a full time contract starting 1st May 2020.

I leave employer #1 6th March 2020

I then go back to employer #2 and resume 40 hours a week on a zero hour contract until 18th march 2020 when the place has closed.

I have been told the job starting in May will be delayed until June and then we will sign full time contracts.

 

Taking the advice of Honeybee13, I looked over the internet and it looks like I missed out by a week as the cut off point was the 28th Frbruary

[slick132]

Hi Webbs,

 

Have a look at this article that may assist in clarifying - https://www.wired.co.uk/article/uk-furlough-scheme-job-protection

 

It's from Wired. See the 4th heading.

[webbscatering]

Cheers Slick132,

 

Im guessing the 4th heading refers to this:-

To fall within the Scheme, employees must have employed on or before 28 February 2020 on the relevant employer’s PAYE payroll. Unfortunately, Kirsty’s new employer does not therefore have the option of paying her and seeking reimbursement via the Scheme as she is due to commence employment after 28 February.

 

So in my case I was still employed with employer#1 up to the 6th March therefore would have qualified to be furloughed?

So where do I stand now because not long after asking employer #1 to be furloughed my P45 arrived soon in the post?

 

I think this is their way of showing how annoyed they were about me leaving them!

[slick132]

Hi Webbs,

 

The Govt Guidance for Employers spells it out clearly here - https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme#employees-you-can-claim-for

 

Your old employer is under no obligation to re-hire or help you.

 

But were you working for employer #2 on or before 28th Feb ? If so, they may be able to claim for you under the Furlough Regs.

[webbscatering]

Cheers Slick132,

 

after Employer #2 refused to help I've started down this route with employer #1 as I've been there for over three years so all is not lost.

 

You kind of answered the question as I thought they were obligated to furlough to help ease the strain on the DWP ...but that's just me thinking outside the box

 

I emailed employer #1 on the 24/03/2020 to ask for furlough, my P45 has me leaving the company on the 24/03/2020 so I was still employed and not ask for re-employment.

Edited April 7, 2020 by webbscatering

[webbscatering]

Reply back from employer #2...which has confused me even more!

 

The critical date for any furlough analysis was for employees on the payroll as at 28 February 2020. Your agreement with Acme Company is a casual worker agreement and therefore different to a zero hours contract. That said, the same methodology has been applied based on weekly hours worked over the last 12 months, or since start date if more recent. I’m afraid due the review period being historic, it was decided not to offer you furlough due to the little hours worked.

 

I replied:-

 

thank you for your prompt response, I'm still finding this hard to understand as I've been at Acme Company for three and a half continuous years and don't qualify for the furlough scheme because I haven't earnt enough money in twelve months... is this correct or am i reading this wrong?

 

awaiting reply....

 

WHY is this like asking a bank for a loan?

[ericsbrother]

they cant retain someone who doesnt work for them

You will have to claim UC

[webbscatering]

I've been with them for three and a half years ???

 

[honeybee13]

But were you with them on 28th February?

 

HB

[webbscatering]

yes still employed and still on their PAYE

[ericsbrother]

they still dont have to do anything though. It is for them to make the decisions on who they furlough and that is only if the terms of service allow it.

they dont owe you anything, you resigned remember?

[webbscatering]

9 minutes ago, ericsbrother said:

they still dont have to do anything though. It is for them to make the decisions on who they furlough and that is only if the terms of service allow it.

they dont owe you anything, you resigned remember?

 

which employer are you referring to????

[hightail]

9 hours ago, webbscatering said:

 

which employer are you referring to????

It doesn't matter.  There is no automatic right to furlough.  It's up to the employer whether they do or not. 

[webbscatering]

Just a quick note to end this thread on a good feel that I have now been furloughed which is great as the financial burden on doing voluntary work for the Childrens school meals has now eased, thanks for the great advice Slick and Honeybee

[honeybee13]

That's good to hear, I'm pleased for you.

 

HB

[slick132]

Hi Webbs and thanks for the update.

 

Sounds like a good result in the circumstances.