Furlough question

[BaileyNM1]

Hi does anyone know the answer to this please?

My daughter was employed in a restaurant from September 2020 and paid properly through payslips/BACS. PAYE Tax and National Insurance was listed on her payslip but she didn't pay any as she earns under the amount for her tax code.

She wasn't able to work in the November lockdown or since Christmas but her employer hasn't furloughed her giving the reason that they have decided not to furlough part time employees to give a chance of saving the business. Whilst they were open, she had worked every Saturday night plus the odd extra shift when they were busy.

My daughter replied advising she wasn't asking for a top up from the business just the government backed amount if eligible but they have not replied/explained and her friends in similar jobs are being paid furlough.

Does anyone know why she might not be entitled to furlough?

Thanks for you help.

Is she contracted for a set amount of hours per week or is she zero hours? If she’s contracted for hours then they still have to pay her if they haven’t furloughed her. If she’s zero hours then they don’t have to pay her. It’s the restaurants choice if they want to furlough her or not though, they can choose not to.

A reason why companies might choose not to purling is that they have to pay an employees pension and NI so it isn’t free for them.

Thank you @Racoonworld they have never given her a contract but she did work 5pm - 1pm every Saturday. As she didn't pay NI or pension I don't think this should matter to them - surely they don't have the right just to decide not to pay her?

Is she still employed by them if she has no contract and she’s not currently working? They do have to pay her but not sure where she stands if she doesn’t have a contract. Why wasn't she given one before she started work? Does she get proper payslips usually?

Yes they have said they would like her to carry on as soon as they open (on email). In hindsight she should have had a contract but as it was Saturday work she didn't query it.

There doesn't seem to any clear guidance whether she is entitled to furlough. I think she is based on the guidance I've seen so she would have to raise it as a grievance with them and then go to ACAS? It just seems a shame to raise a grievance if there is clear guidance and we are missing it.

The rule (for employers) is "For periods ending on or before 30 April 2021, you can claim for employees who were employed on 30 October 2020, as long as you have made a PAYE Real Time Information (RTI) submission to HMRC between 20 March 2020 and 30 October 2020, notifying a payment of earnings for that employee."

... so if she received a payslip in September 2020 she almost certainly qualifies, but if her first payslip was in October, she may not qualify if the employer didn't submit an RTI before the 30th October.

Unfortunately, it is not compulsory for an employer to use the furlough scheme, and if your daughter had no contract or a zero-hours contract then she may legally get nothing (but morally she should).

Thanks @jcyclops I'll re-check her payslips x