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Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Hi there. Please explain your situation in some detail
Please explain your query with regards ***** ***** and furlough after redundancy
OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience, I am pleased to be able to continue assisting with your query now. There is an option for an employer to re-employ an employee who was recently made redundant ad to place them on furlough. The conditions that must be met can be found in the official guidance of the furlough scheme:
2.4 Employees re-employed by their employer
Employees that were employed and on the payroll on 23 September 2020 who were made redundant or stopped working for their employer afterwards can be re-employed and claimed for. The employer must have made a PAYE Real Time Information (RTI) submission to HMRC from 20 March 2020 to 23 September 2020, notifying a payment of earnings for those employees.
So you must have still been employed and on the payroll on 23 September 2020 to be eligible. If you meet the conditions, it is still entirely up to the employer whether to re-employ you and furlough you and you cannot force them to. All you can do is ask them to consider it and perhaps explain how you will be affected financially if they do not do so but just bear in mind the final decision rests with them.
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