Get in the know about furlough and benefits you can claim too
I live with and I am the carer for both my son and elderly parents and don’t feel that I can safely go to work.
I have worked from home in the past but my employer is saying that he will sack me if I don’t go into the workplace. He is now suggesting that he may close the business and make me redundant. I am the only other staff member. What are my options?
If your employer is having to close down your workplace due to coronavirus, you should be considered a furloughed worker.
Your boss could get government help from the coronavirus job retention scheme to pay you – at least – 80 per cent of your income while the business is closed.
Even if your boss is continuing to operate but work has decreased and you are not needed, you should be a furloughed worker.
Indeed, as the qualifying criteria is pretty straightforward, it seems to us that an employer should furlough workers in your situation.
If the work you do is essential and you are still being asked to work, even if reduced hours, you’re not a furloughed worker, but should be allowed to work from home if you can.
You should point out to your boss that he has a duty of care to you, which has not been suspended through this crisis, and the government advice on working from home wherever possible.
Whether it is viable to work from home for an extended period depends on the nature of the business.
If you can’t work from home and your employer won’t agree that you are furloughed, one other option may be to agree a period of unpaid leave.
You have a right to reasonable time off to care for dependants.
This usually only lasts for the time needed to arrange other care for your dependent, a couple of days perhaps, but in the current situation it may be impossible to organise outside care and reasonable for you to be off for significantly longer.
Although ACAS advice is that a dismissal for refusing a decision to go to work might be fair in some circumstances, in your case we would encourage you to seek support to challenge the decision.
Whatever the outcome of talks with your boss, and even if you ultimately decide to accept his decision on redundancy, you are likely to need advice on money and benefits in the short term.
You can contact us to discuss this.
I worked my notice and left my employer two weeks ago and was due to start a new job in April. My old employer is closed due to coronavirus.
My new employer says I can’t start with them now and wouldn’t qualify as a furloughed worker. Are they right?
Yes they are. To qualify for help with the 80 per cent payment, you have to be on your employer’s payroll on February 28.
Your former employer could apply for you to be a furloughed worker with them if you were on their payroll on February 28.
This is the case even if you left of your own accord.
As things stand your former employer would have to agree to do this and has only a moral obligation to do so, though we expect further guidance on this to be released.
Speak to them about this and contact us again for help with any
benefits due.
I am self-employed and have had to stop work.
You did a benefit check with me and I was entitled to Universal Credit and council tax reduction. After the government’s announcement, I don’t think I will now qualify for anything.
Should I withdraw my claim for benefits?
No you shouldn’t.
The government have advised that this scheme will not be up and running before late June, and you need to have some income to live on in the meantime.
While there is no announcement on this, we would anticipate that the amount eventually paid under the scheme for self- employed workers may be reduced to take into account money received through Universal Credit to be consistent with how the National Insurance Fund reduces its award.
Contact us closer to the time of award for up to date guidance in these changing times.
I am an agency worker who has been working for the same end user for the past eight months. The workplace is shutting down and I had hoped to receive 80 per cent of my wage as the guidance seems to say that the coronavirus job retention scheme does apply to agency staff. However, my agency and my place of work are both saying that it is the other who should“furlough”me.
Who is right?
The most straightforward answer to this is that it is the organisation whose PAYE system you are enrolled on who can make an application to the Job Retention Scheme.
You should be aware that if this is the agency, you can only be furloughed if you are not getting any further work with them for the time being.
I work two part-time jobs. Can I still be furloughed by the one which has closed due to coronavirus if the other one is an essential and is still operating?
Yes, there is no issue with being furloughed for one job and continuing to work the other for a different employer.
If your second employer also had to close down, you could potentially receive furlough payments from each employer.
Please note that the Citizens Advice Bureau in Renfrewshire are continuing to provide an advice service via telephone and online. Any updates will be posted on Facebook and Twitter.
Your boss could apply for help from the coronavirus job retention scheme