Can I challenge Furlough start date???

[dddkor]

Hi,

Does anyone have any advice on the below?
I work for a temp agency in the retail sector. The agency supplies staff to a number of different sites.
As of March 19th, the department store I worked in closed and my last working day was March 18th.
The agency would like me to sign an agreement as a furloughed worker from April 1st. As the Govt are backdating loss of earnings to March 1st, I automatically queried this. Their blunt reply was, due to the large number of temp workers, they have agreed a set start date for all temps.
Do I have the right to challenge this?
Thanks

The government are not backdating to the 1st March, they didn't announce the scheme until the 20th March and so no-one can have agreed to furlough before that date. The 1st March is for staff who were laid off prior to the 20th March (which it sounds like you may have been). Most businesses didn't close until the weekend of the 20th-23rd.

Were you on a contract for a fixed term that was terminated or on day to day work?

The don't have to furlough you or pay you anything at all. It is discretionary. There is a cost to them in doing this.

www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

Thanks,

I'm on an temp contract (essentially zero hour) and on PAYE. I wasn't laid off at all.
I worked up until the 19th March, so disputing the reason why between been the 20th March and 1st April is considered as a the beginning of my furlough?

Apologies typo!
Why the 20th is not being considered as my furlough start date!

I always encourage people to stand up for their employment rights but presumably the alternative is you're not furloughed and you get nothing? Pick your battles.

KillerofMen - thanks - it's looking like it may be that way, so yes may have to pick my battles

They don’t need to furlough you op. They can just give you nothing.

They have likely agreed this, and some will benefit some loose, but makes it easier to manage than doing all different dates for everyone, which will take a lot of resource time.

No one is entitled to be furloughed- it’s not an employment right at all. Presumably they are doing everyone the same date for administrative reasons.

@Bluntness100 Yep, I've done the same. Working out mid dates is a bit of a nightmare, it's much easier to furlough from 1st April. I had two days to get all the applications in for an April payment, at least everyone will now be paid.

I also believe it's due to administrative reasons, and not looking at temps individually. I wish they had been clearer about this in their communication though.

Thanks for this userxx