Is there an appeal process?

[LaraLoui]

My employer (I'm their only employee) has told me that their application for the job retention grant has been rejected. So I haven't and won't be paid during this time off.

The reason it has been rejected is because my employer didn't register my pay with HMRC before the March deadline despite me starting my job in Janaury.

Will there be an appeals process at all? I'm really cross with my employers, they've apologised but said there's nothing they can do.

I wouldn't have thought so as it was widely communicated that an employee had to have been on a payroll reported to HMRC before the cut off date but as with everything in a time of pandemic things can change by the day.

What was the reason for you not having been on the payroll for so long? We're you paid in Feb?

The only excuse they gave me was that they acted on bad advice. Yes they paid me directly whilst they were sorting things out. I paid what I owed N.I at the end of March. This really isn't fair.

There's a Facebook group called New Started Justice : A Campaign For New Starter Furlough. They may be able to help.

However, if you started in January you should have been paid in February. Were you?

They sound like a pretty poor employer,do you know who advised them not to put you an a payroll or are they new to it and a bit rubbish?

Starting well before the date and not being put on a payroll due to employer failings isn't the same as new starters who were victims of having the bad luck to start late in Feb when they realistically has no chance of being on a Feb payroll, the OP had every chance.

Maybe time to cut your losses and look for a new job.

They are new to being employers so it's new to us all. Getting a new job is much easier said than done.

What did you agree to when you agreed to be furloughed? If you agreed only to be paid if they received the grant, then you probably don't have any recourse. If you agreed to stay on in your job at 80% pay on condition you didn't work for the furlough period, then I can't see why they wouldn't still be liable to pay you the 80% - your employment contract was continuing albeit in modified form. The government pays the employer, not the employee - if they don't receive the grant that should be the employer's problem. I'm a lawyer, but please don't take this as legal advice.

The employer can take an employee off furlough at any time afaik so I guess they could get round it like that but then they'd have to sack you wouldn't they? They can't just refuse to pay you. Is there work you could do, could you go back to work and see if there's a way to sort out the £££ later on?

Read the government guidance - it's clear that as between the employer and employee the agreement to be furloughed is simply a modification of the existing employment contract. So the contract terms - obligation to pay, obligation to give notice etc - are still in force, except to the extent you agreed any modification. You agreed to accept 80% instead of 100% pay. The question is whether you agreed only to be paid if the employer go the grant. If you didn't then I think (on the basis of what you have said and with the emphasis that this isn't legal advice) they owe you your wages up to the end of any notice period (unless you agree to unpaid leave from now in lieu of notice).
www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme#agreeing-to-furlough-employees

I commented on another thread before this one by someone who's been asked to sign to say they'd only be paid if the employer was re-imbursed and I said not to as the employee has no control over it. Unfortunately your case illustrates why no one should ever sign up to that.

I agree with minette, they have to pay you under your contract.