My employers are saying they can't furlough me as they don't meet the criteria, no part of our business has suffered due to the pandemic, in fact we are the opposite , extremely busy due to covid , the first lockdown they supported me with full pay in the way of the company sick pay but unfortunately I am now not entitled to any more sick pay for three years .
My only option now is to take SSP , which is impossible for me to live , so I am now possibly going to have to ignore the medical advice for financial reasons which is far from ideal .
I am awaiting responses from various sources , to see if what my employers are telling me is correct , after they supported me the first time and this was down to financial implications I would understand fully as I respect most businesses are really suffering but we are a global company that is thriving , I know there is a cost implication with NIC and pension contributions but I don't think we should be treated differently to anyone else that can't work due to covid .
So is there anyone out there that can shed some light on the furlough situation or are having similar situations.
Cheers .
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mfc86
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It is my firm belief if the Government and Health Services are sending out a letter telling you to stay at home,then they should be picking up the tab on your wages,I don't see how any criteria,other than it could potentially be catastrophic to our health,be used as a marker.They are basically forcing us to gamble our health and lives against our livelihoods!
From what this member says they cannot be furloughed because the business is busy and doesn't meet the criteria. If he could be the government would pay but this is a business decision to keep this person at work as they are needed. All places of employment should be COVID secure now and I know this isn't perfect anywhere but I would be asking for some reasonable changes to be made so that I could be safe at work.
Very tricky but fapumpkin and Newdawn have offered some good advice below.
I would also get in touch with blood cancer uk as I found that they where incredibly helpful and a member of their advice team supplied me with a letter to give my landlord in relation to shielding.
My daughter works in a Home Health Agency office. The nurses who go out to patients are not in that office. However, our governor has said all along that those who can work from home should do so. She is capable of doing that BUT her company won't allow it. Frustrating.
It very well could be fapumpkin. Here are the guidelines to employers outlying their responsibilities under the Equality Act as set out by the Equality and Human Rights Commission. It also has a helpline number at the end to contact them for advice mfc86.
It’s against the law for employers to discriminate against you because of a disability. The Equality Act 2010 protects you and covers areas including:
application forms
interview arrangements
aptitude or proficiency tests
job offers
terms of employment, including pay
promotion, transfer and training opportunities
dismissal or redundancy
discipline and grievances
Reasonable adjustments in the workplace
An employer has to make ‘reasonable adjustments’ to avoid you being put at a disadvantage compared to non-disabled people in the workplace. For example, adjusting your working hours or providing you with a special piece of equipment to help you do the job."
Thanks for the advice everyone , some good pointers there for me to explore ...gathered a bit of info together for round 2 on Monday .
I am currently on W&W , had my bloods done last week and had a courtesy call from GP, consultation with my consultant next week , but GP says I will be starting treatment , I'm not fazed by this just feel that I shouldn't be fighting on like this with work , i could really do with out it ..
It's just a ludicrous situation , the country has gone into lockdown to protect the vulnerable , healthy people are sat at home on furlough and the vulnerable are being put at risk ...
Global company or not, but they must follow the law.
Are their HR aware of this or is it just a jumped up manager who decides?
My brother in law was furloughed previously but his firm appreciate his work and paid him full wage to stay home.
This time they are saying they have to furlough him again but not said what percentage they'll pay till he hears on Monday, he's certainly never been asked to take annual or sick leave.
He actually broke his leg after a fall at home a few weeks ago and they paid him full wage!
This is not a big company he works for but they know he puts a good days work in when required and value him.
As MFC86 has said his firm falls outside the furlough scheme as it is viable, which is great for job security but not so good for anyone's health. Its a failure of government not to allow any company to furlough staff for health reasons, easily proven using the original shielding letter, no need for a new one. That then affords any vulnerable person the option not to work perhaps if they don't feel safe without any financial considerations.
Please get some legal advice. You could start with your union, Citizens Advice, Local Law Centre and even ACAS. The law is quite straightforward and clear in respect to disability, which cancer is. If you can afford to pay a good employment lawyer, they can be worth their fees. You might also want to advise your employer to do the same. They might be in for a surprise.
mfc86, I think your employer has got this wrong and that under government guidelines you are entitled to be furloughed as long as you were previously furloughed. Speak to your employer and quote the following. Good luck.
"You are strongly advised to work from home. If you cannot work from home, you should not attend work for this period of restrictions.
If you cannot attend work for this reason, you may be eligible for Statutory Sick Pay (SSP), Employment Support Allowance (ESA) or Universal Credit. Other eligibility criteria will apply. The formal shielding notification you receive may act as evidence for your employer or the Department for Work and Pensions (DWP) that you are advised to follow shielding guidance and should not work outside of your home for the period stated in the letter.
If you were on payroll before 30 October 2020, you may also be eligible for the Coronavirus Job Retention Scheme (on furlough), which is being extended until 2 December. Speak to your employer if you think you are eligible.
Other people you live with who are not clinically extremely vulnerable themselves can still attend work if they cannot work from home, in line with the wider rules set out in the new national restrictions from 5 November".
"If you are shielding in line with public health guidance or required to stay home due to an individual in your household shielding and are unable to work from home, then your employer can continue to furlough you from 1 July so long as your employer submitted a claim for you in relation to a furlough period of at least 3 consecutive weeks taking place any time between 1 March 2020 and 30 June".
Chances are, when you were kept on full pay last time around, your employer claimed for you from hm gov under the Job Retention (furlough) Scheme. They would have been daft not to, see gov.uk/guidance/check-which...
"Employers can furlough employees who are shielding or off on long-term sick leave. It is up to employers to decide whether to furlough these employees. Such an employee can continue to be furloughed from 1 July so long as you have previously submitted a claim for them in relation to a furlough period of at least 3 consecutive weeks between 1 March 2020 and 30 June".
This would be key to your being eligible for furlough again. Your employer would probably need a doctor to re-confirm your status as Clinically Extremely Vulnerable.
I thought they announced something last week that stated to get fourlough this time you hadn't previously had to have been furloughed...if that's not true your correct and that could be a loophole they could use
I'd recommend re-reading those sections from the government guidance. They are not exactly crystal clear, and it's quite possible your employer's HR people have a different interpretation. But discuss it with them.
There's no guarantee that the government officials responsible for processing JCS applications understand the rules either!
If recognised as ‘Clinically Extremely Vunerable’ you should have got a letter from the government addressed to you (from Hancock and Jenryck). Mine was personally addressed with my NHS number in it and stated it was evidence for an employer that you are Clinically Extremely Vunerable.
Whilst I prefer belt and braces I would suggest it removes need to chase around and get something from your GP.
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