Can I be refused temp furlough?

[frenchtoast88]

This is hypothetical right now but expect it may be the way things pan out at work and would like to be prepared.

The company I work for have been claiming furlough for every member of staff, including me, since it began. All have been working throughout. New lockdown (in Scotland) from Boxing Day means I'm without childcare for at least 2 weeks. I'm 6 months pregnant with a 15mo at home and a key worker husband who may have to go to the office a few days a week. Can I ask to be on temporary furlough? And can they refuse? Work wise I'm confident they could get by without me. If the rules of temp furlough allow it (I think they do?) then I'd be happy to work reduced hours. They have offered that we can use holidays if we're not able to work but since the whole point of the furlough scheme is when people are not able to work I'm reluctant to use holidays up, especially as I'll be on mat leave from March and had been counting on having the holidays as full pay to top up the meagre statutory mat pay.

In case it matters, I work from home and have done since the summer.

So they've been illegally claiming furlough while you've all been working?

You can ask but they can refuse, it is at your employer's discretion.

Are you saying that everyone in your company has been put on full furlough but that all of you are still actually working full time?

Are you being paid your normal salary or 80% of your normal salary?

They can refuse furlough,it's optional on both parties. If you've been working whilst on furlough,that will be a bigger problem.

Furlough is not there for people with childcare problems. It's for businesses who might otherwise have to make people redundant.

What?!

Refusing furlough is not the issue here (yes, they can legally do that), it really makes me angry to hear about furlough fraud. If you have any kind of conscience you should be reporting them. It's a massive cost to the economy

Furlough isn’t for people who can’t work as such, it’s for companies where they are no longer able to operate, either partially or fully, due to the pandemic and as such they can furlough them to prevent lay offs, so that when the situation is resolved they can then resume and people don’t loose their jobs.

It’s not some benefit you claim if you’ve child care issues.

They are Illegally claiming furlough?

@HasaDigaEebowai you can be furloughed for childcare reasons, the government advice was updared in November to include this.

@Bluntness100 the government updated advice in November to say you can be furloughed for childcare reasons. It's mainly in the event of school closures though.

Your company has been claiming furlough for everyone and you’ve all still been working??? I sincerely hope they get caught and made to pay it all back.

From the government website for those saying you can't be furloughed for childcare reasons.

Thanks everyone. I was under the impression you could request furlough for childcare reasons.

Fully aware how wrong it is that they've been claiming furlough illegally all this time. Have considered reporting them many a time but scared of the repercussions and whether the company could stay afloat without it. Understand that shouldn't be my issue but if it then leaves me and another 50 people jobless, was it still the right thing to do?

[quote Waxonwaxoff0]@HasaDigaEebowai you can be furloughed for childcare reasons, the government advice was updared in November to include this.[/quote]
You can, but it's up to your company whether or not to offer this, it's not a right. I wouldn't have much trust in a company who have been stealing public money for 9 months to be generous about it - if they're claiming for OP and having her working then why would they want to 'really' put her on furlough?

Yes, I know it is at the company's discretion.

@Haffiana

Are you saying that everyone in your company has been put on full furlough but that all of you are still actually working full time?

Are you being paid your normal salary or 80% of your normal salary?

Yup, everyone. We're not on full pay, but more than 80%.

It makes me sick to think how long tax payers are going to be paying this back.

And if OP's company is illegally claiming furlough while they are still working I doubt they would let her stop working as then they'd lose out.

You can request furlough for childcare but equally it can be refused by the employer.

You can report anonymously, there shouldn't be any repercussions for you

@satnighttakeaway

You can request furlough for childcare but equally it can be refused by the employer.

You can report anonymously, there shouldn't be any repercussions for you

Unless it causes the company to go under and I end up with no job! Less concerned about me as I'll be off on mat leave soon and don't anticipate returning but worried about all my colleagues who could end up unemployed. I guess that's what they're relying on to keep people quiet.

I don't understand how there's enough work for you all to be working as usual but not enough money coming in to pay you all as usual? Are you sure that this hasn't just made the company owner much richer? It may well be that they'd really struggle if they were caught out and had to pay all the stolen money back, but that's the risk you take when committing fraud, isn't it?

If you are all working fulltime and presumably making a profit for the company, why would the company go under for committing fraud?!

I don't understand how there's enough work for you all to be working as usual but not enough money coming in to pay you all as usual? Are you sure that this hasn't just made the company owner much richer

Is Philip Green your boss?

Well the company cannot be claiming furlough and expecting employees to work, but more generally they can (and should) refuse furlough if they have work available for you (especially if you have holiday that you could take instead).

Thanks for that info @Waxonwaxoff0 my son had to isolate a few weeks back and my husband asked to be put on furlough for a week to stay home with our son. He was refused and made to take unpaid leave. Good to know for if it happens again, although I really hope it doesn’t!

@Cyclingwidow15 The company is still allowed to refuse - so it sounds like everything happened as it should, legally speaking. Your husband asked for furlough, the company considered it and declined. The company gets to make the final call...

But I hope it doesn't happen again, so that won't matter