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?

@Comefromaway

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.

Thankyou for that. It seems to be a grey area.

@Comefromaway

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.

Thank you, I thought the same the gov advice was to stay home unless you had to go Out to work! Even if I pay she’s refusing to refund me? Which I don’t understand?

@devildeepbluesea

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.

Thank you, that’s what I’ve been trying to tell her! But she’s not having any of it, says it was my choice not to take child in, but i was on furlough and following gov advice!

You were on furlough and getting paid.

I was working as a key worker and not using childcare but have voluntarily payed 50%.

Perhaps you could pay a proportion as a compromise?

I don't really think the key worker / could have used the childcare is relevant. You should be treated the same as anyone else who didn't use it.

I am a bit sad at the attitude of people. I have continued to pay for things like football club and every other person cancelled. I absolutely understand if you can't afford it but if you can, why not do the right thing for the good of the club / business / economic health of the country?

@SummerHouse

You were on furlough and getting paid.

I was working as a key worker and not using childcare but have voluntarily payed 50%.

Perhaps you could pay a proportion as a compromise?

I don't really think the key worker / could have used the childcare is relevant. You should be treated the same as anyone else who didn't use it.

I am a bit sad at the attitude of people. I have continued to pay for things like football club and every other person cancelled. I absolutely understand if you can't afford it but if you can, why not do the right thing for the good of the club / business / economic health of the country?

Thanks and I totally understand where you’re coming from but think it depends on the personal circumstances, my partner is self employed and didn’t get the SE grant, so we simply couldn’t afford it! X

Firstly we need to establish.

A. Was the nursery open (I assume yes)
B. Was the OP a key worker (no because she was furloughed, a key worker has to be actually working)
C. Did the nursery inform the OP at the time that they were open to her as a key worker?
If the answer to C was no, then effectively the OP was correct to assume they could not provide a service to her in line with government instructions. They can’t inform her retrospectively.
If the answer to C was yes then it could be seen to be the OP’s choice not to send her child and she could be liable for fees. But I would refer to question B and question the legality of them being open to someone who was not, from the date of her furlough, a key worker.

In your position OP I would cease all verbal communication, have everything in writing and let them try and take you to court. They will soon realise they don’t have a keg to stand on.

Sorry op I went off on a totally irrelevant rant about football.

My most relevant point in that case is that they should not treat you differently to someone who wasn't a key worker. You didn't use it as you didn't need it and that was totally right given the circumstances. They can get lost.

@Comefromaway

Firstly we need to establish.

A. Was the nursery open (I assume yes)
B. Was the OP a key worker (no because she was furloughed, a key worker has to be actually working)
C. Did the nursery inform the OP at the time that they were open to her as a key worker?
If the answer to C was no, then effectively the OP was correct to assume they could not provide a service to her in line with government instructions. They can’t inform her retrospectively.
If the answer to C was yes then it could be seen to be the OP’s choice not to send her child and she could be liable for fees. But I would refer to question B and question the legality of them being open to someone who was not, from the date of her furlough, a key worker.

In your position OP I would cease all verbal communication, have everything in writing and let them try and take you to court. They will soon realise they don’t have a keg to stand on.

Thanks, no I’d didn’t know that I could send him she’s only said this now! The way I saw it was I was furloughed and had to stay home with the children x

I don't see how someone is both a key worker and furloughed. The critical worker definition says:
"If your work is critical to the coronavirus (COVID-19) response, or you work in one of the critical sectors listed below, then your children will be prioritised for education provision and are strongly encouraged to attend."
www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision/guidance-for-schools-colleges-and-local-authorities-on-maintaining-educational-provision#critical-workers

You were not offered a choice to "work in" your sector, because you were on furlough not of your own choice. I've think you need to make the point clearly that she asked you not to come in but to go on furlough, and that therefore you believed your role was not that of a critical worker who could use the service. As above, the guidance changed in June.

@MRex

I don't see how someone is both a key worker and furloughed. The critical worker definition says: "If your work is critical to the coronavirus (COVID-19) response, or you work in one of the critical sectors listed below, then your children will be prioritised for education provision and are strongly encouraged to attend." www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision/guidance-for-schools-colleges-and-local-authorities-on-maintaining-educational-provision#critical-workers

You were not offered a choice to "work in" your sector, because you were on furlough not of your own choice. I've think you need to make the point clearly that she asked you not to come in but to go on furlough, and that therefore you believed your role was not that of a critical worker who could use the service. As above, the guidance changed in June.

Amazing, Thank you! That’s what I was trying to make her understand! I had already given notice by June, so that should work in my favour! Thanks 😊 x

Also if I decide to take this further and get legal advice, any info on where to go about this? I have no idea! X

Bump..anyone have any advice where to get legal advice? X

www.acas.org.uk/

Or write to Martin Lewis at money supermarket

They like a good CF story

@BluebellsGreenbells

Or write to Martin Lewis at money supermarket

They like a good CF story

Thanks was going to try Acas today! And ohh that’s interesting about Martin Lewis, how do I do that? Thank you so much x