My employer is scamming me!! HELP

[BellaSing1607]

When corona virus started, my employer decided to close before the lockdown happened and before the Furlough scheme came out. When they announced the scheme, i asked my employer via whatsapp what will happen from now on, she said that "she will pay me up until the 17th of march which is up to when i have worked, and from there on the government will pay 80% of my salary."
I assumed this is her way of telling me i have now been furloughed. I checked in with her a few days later again, and asked her if the government will pay 80% of my salary, to which she responded "yes, I told you about this before and the accountants are working on it" so its a pretty clear agreement. I had no idea she was meant to send me a formal letter to announce that i have been furloughed.
Days come and go and whenever i would ask her for my payment, she would say the government hasn't paid her yet so she can't pay me, that there is a very long qeue and everyone is waiting, that we are all in this together and i should be patient bla bla. May came and i still hadn't gotten paid for march, not even the days i had actually worked. I asked all my friends and they all said they had gotten paid on the furlough scheme. (I only have one colleague and she is self employed)

I messaged the employer again to tell her everyone i know had gotten paid on the furlough scheme except me, what the problem is, and that the issue is wirh her not the government. She then replied and said we are not able to pay you because her accountants hadn't put me on the payroll by the deadline which was 19TH OF MARCH !! I had been working there since SEPTEMBER!!!.

when i asked her to send me an email to confirm that i had been furloughed she denied that we had any kind of agreement of me being furloughed, saying that she only sent these text based on an assumption. I am going crazy as now i am already minus 3 months in salary and i dont think i can do anyrhing about it.

I have been working for this woman since september last year, haven't received any of my payslips until mid april. I haven't asked for them as i never needed one, and thought if she is messing around with my taxes that would be her problem. Ofcourse now looking back i feel stupid for not asking for them.

In my last payslip that she sent me, it includes furlough payment although she didnt end up paying the amount as there was a mistake with the amount. Do you think this is enoigh proof to confirm we did have an agreement of furloughing me ?

What can i do to get my money ??? Please help

Don’t waste energy chasing and arguing. Tell her breezily that you’ll be ringing HMRC on Monday to get it sorted out. She’ll probably pay up, but if not be prepared to follow up and ring them.

You do need to be paid for your work up to the 17th March.

How were you being paid normally? Is it direct into you bank account or cash?

All that you are owed or entitled to is the payment up to the point that you were made redundant on the 17th March.

www.gov.uk/check-national-insurance-record

You can check your NI contributions have made their way to HMRC

If the OP is not entitled to furlough

Then why did the employer SAY that she would be furloughed

I'm an employer, we received our furlough payments for the first period at the end of April, have received one more since and expecting another early next week as our staff are paid weekly. If she applied as soon as the portal was open she would have had the money by now.

She is bullshitting you, report her, there will be many people trying to scam via furlough, totally unfair to the entire tax paying society

I don't see anywhere where OP said she was advised that she had been made redundant? If she had then there are procedures to follow etc, and she should have had it in writing.

The employer said that she would be paid up to 17 March and that she would receive furlough from that date. That indicates that she was still employed.

Some house contents insurance policies or bank accounts or union memberships etc include legal cover - might be worth seeing if you’re covered to see what they suggest too.

Defo ring hmrc and acas on monday and look into getting a lawyer if this needs to be taken the legal route. Do not let her off fraudulently scamming your wages that you worked for from you.

If the OP is not entitled to furlough. Then why did the employer SAY that she would be furloughed

No-one is entitled to furlough, it is all voluntary.
The OP does seem to meet the criteria to be eligible - however the employer does not have to offer anyone furlough.

The initial guidance was basic and when the detail came out more employers realised the implications for them of furloughing people. There is a cost to employers.

I don't see anywhere where OP said she was advised that she had been made redundant? If she had then there are procedures to follow etc, and she should have had it in writing.

The OP says:
When corona virus started, my employer decided to close before the lockdown happened and before the Furlough scheme came out.

So with a closed business she was redundant. as she had only worked there since September she was not eligible for any redundancy payment. She would have been eligible for any contractual holiday and any notice period (Possibly why she was to be paid up until the 17th March)

OP, go onto moneysavingexpert, you will get advice there.

Have you messaged her back, copying in her previous messages at the beginning. Reminding her that she was very clear that you would get the money.

As the business is closed it would be unrealistic for the employer to furlough the OP and indeed may not meet the criteria as it is no protect jobs- in this case the business is already closed

OP has her last payslip now though - that clearly states furlough, yet she has not been paid for the amount on the payslip.

Email/text her and state that you have not yet received payment for the payslip for xx period, ask her when you will receive this payment.

If she comes back with bullshit tell her you will be taking legal advice and looking to formally recover this money from her.

Good luck, she sounds like a right charlatan

@Ernieshere can you tell me how to this I’ve googled but can’t find it, thanks.

*You can sign up to an online account on gov.uk, all your monthly pay will be on there.

I can see mine from years & years ago*.

Op, there is some confusion here and different issues.

Firstly she said you were furloughed but not how long for. She can furlough you for a week or till the scheme ends. It is her choice. Furlough is an employers decision. There is no entitlement. So even if it came to it, she could argue she was only furloughing you for a week rhe realised she didn’t need you.

She needs to lay you off. If you wish call hmrc and report her. I’d suspect either you were not on the payroll officially before so she couldn’t claim for you, or she’s claiming and keeping it.

If you’re laid off you can claim benefits.

Oh, and as she hasn't followed correct procedure yet seems to have claimed money back via the furlough scheme, report her to HMRC if you fancy

Op, what do you mean there was a mistake in the amount which is why it wasn’t paid?

She needs to lay you off.

She has been laid off? With a final payment due on 17th March?

Report her to HMRC, you may not be the only one of her employers going through this.

If the business has closed and insolvent you may be eligible to claim your final payment from the government

www.gov.uk/your-rights-if-your-employer-is-insolvent

gather all the evidence and turn it over
(without tipping her off of course!)

If she has made me redundant, did she not have to formally announce this?? Also, does anyone have a clue whether an employee needs to be told By Email or letter or is it enough proof to be told on whatsapp...

You should have received your P45 if you had been made redundant.
Have you received your P60 for the tax year just ended if so you are still on the payroll?