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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74423
Experience:  Qualified Solicitor
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My dad was I’ll he had dialysis and lung cancer I worked in

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Hi my dad was I’ll he had dialysis and lung cancer I worked in a care home and a resident died of covid I said I wasn’t going back to work as my dad came under the category of shielding never got any money from work but went on universal credi was going to go back to work fri the 12th of this month my dad passed away his funeral was the 2 nd of June and unfortunately my mum then on the 4 th of June my mum had a stroke and is in hospital my boss had told me I have to go back to work he will give me a week off and that is it I asked if he would furlough me but he said he won’t he already has some on furlough at the moment I don’t know the care my mum will need where do I stand can I get the sack if I don’t go back to work
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: With my manager
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: it’s with employees it’s a care home
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no I don’t think so thank you

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 1 year ago.
Thank you I have worked there for 8 years also would my mum come under the shielding catogory now
Customer: replied 1 year ago.
I would talk over the phone but I can’t afford £44 pound so I will have to do it by message

Many thanks for your patience. The current situation is creating a lot of difficulties for many people across the country, especially for those with caring responsibilities at home, whilst not being able to rely on any outside help and also working at the same time.

However, the law has not changed in terms of your options and these remain as follows:

· Dependency leave – this is only for emergencies and you could have likely used it to start with but once it has become apparent that this will be happening on an ongoing basis, it will no longer be classified as an emergency

· Holidays – to be applied for in the normal way

· Unpaid leave, if approved by your employer

· As a final resort, you can just take the time off unauthorised but that risks disciplinary action so only do it if absolutely necessary and you have no other option.

The employer also has the option of using the Government’s Coronavirus Job Retention Scheme and furlough you, claiming for part of your wages from the State, but that is entirely up to them and you cannot force them to do it, even if they could. All you can do is ask them to consider it.

Does this answer your query?

Customer: replied 1 year ago.
It does thank you but with the government saying about people with health problems that come under the shielding still has to remain in there homes wouldn’t my mum now come under that catagory with just having a stroke and me going to work and coming home to her would put her at risk sorry to bother you again

No worries, that is why I am here. The Government has indeed confirmed that those who are shielding (whether themselves or because they love with someone who is) can be furloughed. However, the main issue still remains that the choice to furlough is still entirely the employer’s – all the Government has done is clarified to employers that such workers can be furloughed but that is not a given and the final decision still rests with the employer.

Does this clarify things a bit more for you?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you

All the best