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What is her rights?(12 Posts)
My mum is 63, works as a cleaner in a care home , has chronic respiratory issues, had the letter from the government to stay at home for 12 weeks.
Her boss is refusing to accept this letter, has refused to pay her saying she doesn't have the correct paperwork and is now saying she has to sort out furlough paper work herself if she wants paying for the last five weeks.
What is correct and what should my mum do?
Sorry I’ve no advice but I just wanted to sympathise.
Care homes are the worst. I’ve worked in manny different care facilities over the years and have always been treated like dirt.
I’ve no advice but she’s not alone.
I’m still in touch with quite a few people I used to work with at various places and the way they have been treated by the care homes is appealing.
ACAS May be able to advise. I’ve had to have their help a few times.
She needs to speak to whoever does the wages, they can apply for the furlough for her if she is isolating.
Its fairly simple but can ONLY be applied for by either the employer or their agent via their PAYE government gateway account.
Tell her to persist!!
It's shit, she's worked there for 15 years and when it was taken it over a few years ago she refused to sign a new zero hour contract (which was her right to) and she's just been treated like crap since.
Thanks for the support though x
@FunnyInjury so my mum doesn't have to sort it she just needs to ask to be furloughed by the people who do the wages ?
Yes the payroll person needs to do it. I have just submitted a claim on behalf of my organisation today.
I manage a nursing home and I have taken the letters from the relevant team members and applied for furloughs for them with payroll. The decision to pay the furlough comes from the government but if they agree she is in the shield category then she will be paid.
She will need to approach payroll if the manager is no good and I would suggest raising a grievance.
The furlough agreement needs to be provided by the employer though, so if an external accountant does the payroll the employee cant just phone them and ask to be furloughed. Plus if she has worked over the last 5 weeks then she cant be furloughed for that period too.
Write to your local MP, give all the details of names addresses etc, say what's happened and ask for their urgent intervention.
From the advice for employees page:
If you’re on sick leave or self-isolating because of coronavirus (COVID-19), speak to your employer about whether you’re eligible to be furloughed – you should get Statutory Sick Pay (SSP) as a minimum while you are on sick leave or self isolating. Your employer can furlough you at any time- if they do, you will no longer receive sick pay, but should be treated as any other furloughed employee.
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 you should speak to your employer about whether they plan to place staff on furlough.
From the advice for employers page:
Employees who are unable to work because they are shielding in line with public health guidance (or need to stay home with someone who is shielding) can be furloughed.
So her employer does not have to furlough her but must as a minimum pay her SSP, assuming she normally qualifies. Either way they should accept her shielding letter. Either way the employer gets the money reimbursed. It's literally no skin off their nose which they do.
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