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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73446
Experience:  Qualified Solicitor
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My company are not paying me furlough, Rockpoint leisure new

Customer Question

My company are not paying me furlough
JA: Where is this? It matters because laws vary by location.
Customer: Rockpoint leisure new Brighton
JA: What steps have been taken so far?
Customer: I’ve asked them for it and they said no I was getting 150 and this week they have given me 20 pound
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: they said to me there is only 2 shifts left a week for me and I’m best of finding another job and then put on social media that they need staff
Submitted: 11 days ago.
Category: Law
Expert:  Ben Jones replied 11 days ago.
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.
Expert:  Ben Jones replied 11 days ago.

How long have you worked for your employer please? and what reason has your employer provided for not wanting to furlough you?

Customer: replied 11 days ago.
2 years and they have not given me a reason as of yet
Expert:  Ben Jones replied 11 days ago.

Have you worked there for exactly 2 years? What is your actual start date please?

Customer: replied 11 days ago.
17/03/19
Expert:  Ben Jones replied 11 days ago.

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.

Expert:  Ben Jones replied 11 days ago.

Can I just check if you are actually officially furloughed or the employer is simply refusing to furlough you? Also do you gave guaranteed hours under contract?

Customer: replied 11 days ago.
I am on a zero hour contract and have been paying me furlough all through lockdown but I’ve just left the business due to personal reasons but they told me I was entitled to furlough until the scheme ends
Expert:  Ben Jones replied 11 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

The first and most important thing to appreciate is that furlough is not an employee’s right and there is no ‘right to be furloughed’. It is simply an option open to employers to use as they see fit and the Government has entrusted them fully to decide as and when furlough needs to be applied. Therefore, even if an employee meets all the criteria to be eligible for furlough, the employer can still decide not to do so and they cannot challenge that decision (unless it was made on discriminatory grounds such as because of gender, age, race, religion, etc).

If the employer refuses to furlough an employee, they are still obliged to honour their contractual obligations towards them. That creates a couple of possibilities, depending on the contract:

- If there are guaranteed contractual hours and no lay off clause, the employer would be expected to honour these and pay the employee as normal, even if there is no work for them to do

- If there are no guaranteed hours of work, such as working on a zero-hours contract, in between assignments, etc then the employer can simply rely on that arrangement and not give any hours or work to the employee, meaning they are not obliged to pay them anything.

In summary, furlough is just an option to help employers with their wage expenses and allow them to retain staff in this difficult period, rather than having to let them go. However, it is not guaranteed that the employer will rely on the scheme and furlough an employee. If they choose not to do so, then they simply have to continue meeting their contractual obligations, which are dependent on what the contract says, as explained above.

Expert:  Ben Jones replied 11 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.