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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think I’m going to have to quit my job?

54 replies

Bug3red · 05/01/2021 10:35

I’m due back to work next week after maternity. I have an older child who’s school is now closed. I called work to see if I could be furloughed as I have no other help. They have been open throughout this whole pandemic, we are not essential we are clothing wholesalers.

Work essentially said to me that, I can’t request furlough as I had been off for a year, I should of planned for this. If they furlough just me it will be looked as if they are committing fraud. They then said they supply clothing to the NHS so I should be classed as a key worker and be able to send my child into school. We don’t, we supply clothing to embroiderers who will then sell on to the NHS. I have no other option but to leave my job, I wouldn’t be entitled to any other benefits if I leave. I’ve tried to get in touch with various agencies for advice but you can imagine they’re overwhelmed. What do I do in this instance

OP posts:
WitchesBritchesPumpkinPants · 05/01/2021 10:38

What job do you do for them? Could you do it from home?

Original poster
Bug3red · 05/01/2021 10:40

I could work from home they won’t allow it, there’s CCTV on us at all times in the office

OP posts:
dangermouseisace · 05/01/2021 10:42

I’m pretty sure that’s sexual discrimination. Having been on maternity leave should not affect your rights now. You should be entitled to the same as everyone else.

CuriousaboutSamphire · 05/01/2021 10:47

You haven't been "off" for a year. You've been on maternity leave! It won't look like fraud because HMRC know what maternity leave is!

www.gov.uk/government/news/parents-returning-to-work-after-extended-leave-eligible-for-furlough

maternityaction.org.uk/covidmaternityfaqs/maternity-leave-and-return-to-work/#:~:text=Your%20employer%20can%20put%20you%20on%20furlough%20during%20Parental%20Leave,can%20be%20considered%20for%20furlough.

www.personneltoday.com/hr/furlough-maternity-paternity-leave/

None of this has been changed.... if your employer has used furlough for any staff before then they can furlough you now!

Cordial11 · 05/01/2021 10:55

@dangermouseisace it's not discrimination as no one else is furloughed or WFH?

Jangle33 · 05/01/2021 10:56

Are you a single parent OP?

Original poster
Bug3red · 05/01/2021 11:01

I am a single parent. I do know they furloughed people for a week at the very beginning.

OP posts:
Seaglad · 05/01/2021 11:06

I think it would be worth speaking to ACAS as I would think you would have a potential claim of constructive dismissal if you need to resign. But ACAS are very helpful. Also, if your employer has an Employee Assistance Programme you may be able to access legal advice on there. Not a solution as such, but if you just resign you won't be eligible for some benefits so you need to investigate. And if you could do your job from home, I don't see that they have a leg to stand on in the current environment.
Good luck, it's a horrible situation to be in.

Original poster
Bug3red · 05/01/2021 11:15

I will try and contact ACAS. Thank you everyone for the advice, I’m stuck between a rock and a hard place right now. As I’m sure a lot of people are.

OP posts:
dangermouseisace · 05/01/2021 11:18

@Cordial11 the reason they gave for not doing furlough was because she’d already been off for a year on maternity leave, not because no one else was.

notalwaysalondoner · 05/01/2021 11:20

Have you contacted your child’s school to see if they’ll take them? That seems a better solution than quitting or contacting ACAS which will be a lengthy process so won’t solve your immediate problem. In this situation I’d definitely stretch the truth re providing clothing to the NHS. Presumably the nursery for your youngest is still open?

NoSquirrels · 05/01/2021 11:24

If your employer is telling you that they believe you can be classed as a keyworker, then I would be telling school that my employer classes me as a keyworker.

As a single parent keyworker they have to offer you a place.

Are you in a childcare support bubble with anyone? Can your DC's father help at all? Will work flex your shifts for you or put you on part-time or reduced hours instead of furlough?

NoSquirrels · 05/01/2021 11:30

Work essentially said to me that, I can’t request furlough as I had been off for a year, I should of planned for this. If they furlough just me it will be looked as if they are committing fraud.

You need to be extremely clear on exactly what they said to you.

Did they explicitly say they would not furlough you because you had been off for a year? Or did they say they didn't believe they could furlough you?

This info from here might help: workingfamilies.org.uk/articles/coronavirus-parents/

I am due back to work from maternity, adoption, paternity, or shared parental leave. Does that mean that I will not be able to go on furlough when I come back?
No – if you are returning to work from family-related leave, you will be able to go on furlough when you are due back to work. This includes anyone who is returning from maternity, adoption, paternity, shared parental, and parental bereavement leave.

Your furlough pay should not be based on the pay you were receiving while you were on family-related leave, if this is lower than your usual pay. Your furlough pay should be calculated based on the higher of:

Your ‘usual pay’ (what you would have been earning had you not been on family-related leave), or if your salary varies:
the same month’s earnings from the previous year (depending on when your employer applies to the furlough scheme for you), or
average monthly earnings from the 2019-2020 tax year.

Original poster
Bug3red · 05/01/2021 11:33

I’m not a key worker though. I can’t make half truths up because I’m not a key worker. I work in an office processing orders for businesses that print or decorate clothes. They did say because I had been off for a year on maternity, I can’t then come back on to furlough. I know I’m already on extremely thin ice because I requested to go part time already. I had to tell them my rights when I was pregnant because they just didn’t know.

OP posts:
PineappleTart · 05/01/2021 11:46

Workplaces can furlough parents who have childcare responsibilities, furlough doesn't need to be work related

SleepingStandingUp · 05/01/2021 11:46

Are the childrens Dad(s) around? Could they take up some of the slack if they're able to work? Are they keyworkers and would that work for school? Is the baby going into nursery as tey're remaining open?

PineappleTart · 05/01/2021 11:48

Posted too soon, apologies!

www.bbc.com/news/business-55522104

Original poster
Bug3red · 05/01/2021 11:56

The baby has a nursery place, their dad has no contact with them. So unfortunately I’ve got no help whatsoever.

They can furlough me but as I’ve been reading they don’t HAVE to

OP posts:
contrmary · 05/01/2021 11:59

They're not obliged to furlough staff if they have work for them to do. They were foolish to say it was because you'd been on maternity leave, if they have work for you then they have no requirement to help you out by furloughing you.

If your company sells clothing to people who sell it to the NHS, then you are part of the NHS supply chain, so I can see why they'd call you key workers. My employer sells machine components to companies who fit them into their own machinery, some of which produce medical equipment - therefore I am a key worker, even though I'm in admin and my role doesn't directly result in medical equipment being produced.

Beautiful3 · 05/01/2021 12:09

You are a key worker. Contact your child's school and ask for a place. My husband works in a warehouse supplying the NHS with laptops and other it equipment. He is a key worker.

SleepingStandingUp · 05/01/2021 12:16

@Bug3red

The baby has a nursery place, their dad has no contact with them. So unfortunately I’ve got no help whatsoever.

They can furlough me but as I’ve been reading they don’t HAVE to

Any family? you get a childcare bubble but also a bubble for having a baby if baby was under 1 on Dec 2nd. The bubbles can't mix. Is there two family members who could help?
BusterGonad · 05/01/2021 12:16

Surely the most simple solution is to get your kids in school. Why confuse matters and risk putting yourself in real danger of hardship by disagreeing if you're a key worker or not? Just get your kids in school/nursery and get yourself to work.

NoSquirrels · 05/01/2021 12:24

I’m not a key worker though. I can’t make half truths up because I’m not a key worker. I work in an office processing orders for businesses that print or decorate clothes.

If you are part of a supply chain to the NHS, and your employer says that its business means you are a keyworker, you're not "making up half truths". Being a keyworker isn't what you consider to be essential, but what the government has deemed to be essential.

If they have work for you they do not need to grant your furlough request.

Ask your employer to provide you with a letter stating that you are a keyworker.

Take that letter to school and insist on a place. It's the best and quickest option for you.

DianaT1969 · 05/01/2021 12:29

If your school won't accept your older DC, can you try childminders? I realise it will eat up a lot of your wages, but you might get help with childcare fees if you are on any type of benefits. How old is your school age DC?
Do you have any friends with DC at home who don't work and would have him/her? In this case, as you don't have any family, it would be considered your childcare bubble.

Original poster
Bug3red · 05/01/2021 12:31

I did actually request a letter from work to show to the school. They have said they’re not actually key workers so they can’t give a letter.

OP posts: