Help keyworker/Furlough advice

[Samcj02]

Hi,
Are you still classed as a keyworker if you’re furloughed? I
Basically have had employment trouble for a while, trying to charge me my sons fees while furloughed, she said as I’m a key worker I could’ve sent my child in all along, I argued that the government advice was to stay home unless you had to work? Who’s right here?

I didn't think keyworkers could be furloughed, unless they are shielding? Could be wrong though 🤔

FWIW though, I was WFH but wasn't classed as a key worker (at the time) and my CM didn't take anything from me. She was going to charge at first because they were being forced to close. Which whilst I understood A LOT of my friends thought it was taking the piss.

Yes. I am a key worker but have been furloughed along with 2/3 my colleagues. My employer are operating with a skeleton staff and I can't work from home.

Not sure what your childcare issue is exactly?

**but she is right that you COULD have sent your child irrespective of government guidance as you are a key worker.....but still not sure how the furlough thing works though!

Basically I was furloughed from a nursery I work
Where my child also attends, she has stated that the time I was furloughed I could’ve bought my child in but as I was not working I didn’t see myself as a key worker? X

So she continued to charge me fees is this right?

Can you rephrase your post? It sounds like two different issues.

@Samcj02

Oh OK. I think they are taking the piss then in that case!!

@Slimeafterslime sorry I’m in a bit of a flap, basically I work at a nursery where my son also attended, I was put on furlough when Boris closed schools and nurseries, I was continuing to be charged but after the CMA advice yesterday I have started to argue this and she said that I could’ve bought my child to nursery whilst I was on furlough as I’m a keyworker but I see it as the keyworker service was only for children who’s parents were keyworkers having to go to work so she continues to charge and not refund what I’ve paid x

So what I’m basically asking is if you’re furloughed you shouldn’t be accessing these services surely?

Lots of nurseries have continued to charge while shut I think. I also thought that nursery staff could not be furloughed, and any that were the employer is having to pay it back? Could be wrong though. I wouldn't argue if it was my employer as not technically any worse off.

It's 2 different issues surely, you were furloughed not up to you but they are saying you could of come in and brought dc in

I don't see how or why you would've done that if they furloughed you . Are they saying you shouldn't of been furloughed? .
The charging you I don't know what was agreed ? I would of said when furloughed and dc was no longer in childcare would I still need to pay .

When the schools & nurseries originally shut back in March the government advice was that they could remain open to key workers children only if both parents were key workers and unable to work from home.

The situation changed somewhat when schools started to re-open to particular year groups.

So actually the nursery would have been flouting the lockdown rules had they remained open to the chilD of a furloughed worker.

Unfortunately this wording is probably buried somewhere on gov.uk amongst the plethora of other Covid dictats and guidance.

@Tfoot75

Lots of nurseries have continued to charge while shut I think. I also thought that nursery staff could not be furloughed, and any that were the employer is having to pay it back? Could be wrong though. I wouldn't argue if it was my employer as not technically any worse off.

Nurseries could furlough staff But they couldn’t claim the proportion of furlough pay of the early years funding they still received from the government.

Wow, they sound like right bastards! Why would you use the provision when you were furloughed - it makes no bloody sense!

They could open to you as of 1st June. Did they communicate to you that they were “welcoming back” children from that date?

So yo it work furloughed you, bit still classed you as a key worker.

As a key worker you could’ve used the nursery, even though they furloughed you to stay home and they know you were at home and wouldn’t need the service

They now want to charge you for a service you didn’t need because they didn’t need you!

Bit cheeky!

I’d look for advice on this

Surely a key worker is someone who's job is "key" to keeping things in the country running? If you're not required to do your job how does that mean you are essential? Genuinely not meaning to be arsey here but struggling to understand how key workers are not key / important enough to be kept working

So this is the original link www.gov.uk/government/news/schools-colleges-and-early-years-settings-to-close however the associated link detailing who is a critical worker was updated in June.

I handed my notice in in June so the charges are for April/May, but yes I was on furlough and was not at work x

I suppose what I’m trying to get to
The bottom of is if you’re a keyworker should you or were your eligible to take your child to nursery in April/May? If the advice was stay at home?

This is a direct quote from the original government rules regarding key workers accessing education and childcare. I got it from one of the many news outlets that reported it as it has now been removed from the official government website.

Note that nurseries were ordered to close except to provide essential care to key workers. They were told to follow the guidance for schools.

"‘If workers think they fall within the critical categories above they should confirm with their employer that, based on their business continuity arrangements, their specific role is necessary for the continuation of this essential public service."

It's a real shame the original document was changed/updated, rather than archived.

If you were furloughed, even as a key worker, the advice was that you SHOULD NOT send your child to school / childcare.

If they're trying to squeeze cash out of you they are royally taking the piss.

The problem is that legally there is a big difference between Should Not and Must Not.

The first is the OP's own choice and would men she was liable to pay, the latter was a government order and means the nursery was not allowed to accept her child/provide the service.

My memory of reading this stuff at the time however, was that nurseries were ordered to only take the children of essential key workers who could not work from home.

I wonder if it has anything to do with this report:

"NURSERIES have to refund parents who paid for childcare they didn't use during the coronavirus lockdown, the regulator has said.

The Competitions and Markets Authority (CMA) has issued a warning to childcare providers that they could face legal action if they've been pushing unfair costs onto families when nurseries were closed due to the pandemicc_."

@OldBean2 yes that’s what I’ve referred to to my employer, she’s not having none of it x