NO FURLOUGH FOR NURSERY WORKERS?

[Sheila4327]

I have been employed by a Nursery since December 2019. Working 35 hours a week and registered on the books paying tax etc.

When last lockdown happened and Nurseries were forced to close due to COVID I was informed by my boss that I would not get any furlough money because Nurseries aren't entitled to it. So I went 6 months with no pay which led to me being extremely stressed. After opening back up in September I am now worried we will be forced to close again due to rising COVID cases and not getting any furlough money which I need as i have bills to pay and I can't claim as My partner works but his salary alone doesn't cover the bills.

After doing research I read that EYFS settings do not get. Furlough money because they are continuing to get funding from the government which the Government expect them to use that to pay their workers in full.

On top of this, I have been told that only one staff member can get furlough money because they only get furlough from the government from the loss private children income so one employee got their furlough money but I haven't.

Can I ask what my rights are? Am I to be paid legally? Is it legal that my boss has not paid me? Is there anything I can do?

I would ring acas and speak to them
The nursery will have received the funding from the government so they should have used this to pay your wages
It’s also unfair to furlough one staff member and not the rest
My nursery didn’t close but we all had a period of furlough so it was possible for nurseries to claim
I know they could only claim the difference between the funding and private fees, but the nursery should have taken the hit, not you
I think you’ve been treated very badly

@insancerre

I would ring acas and speak to them The nursery will have received the funding from the government so they should have used this to pay your wages It’s also unfair to furlough one staff member and not the rest My nursery didn’t close but we all had a period of furlough so it was possible for nurseries to claim I know they could only claim the difference between the funding and private fees, but the nursery should have taken the hit, not you I think you’ve been treated very badly

I did ring ACAS last year but the guidance is so confusing and I am not sure what I am legally entitled to. Am I legally entitled to be paid?

My child's nursery staff were furloughed.

@Sheila4327

I have been employed by a Nursery since December 2019. Working 35 hours a week and registered on the books paying tax etc.

When last lockdown happened and Nurseries were forced to close due to COVID I was informed by my boss that I would not get any furlough money because Nurseries aren't entitled to it. So I went 6 months with no pay which led to me being extremely stressed. After opening back up in September I am now worried we will be forced to close again due to rising COVID cases and not getting any furlough money which I need as i have bills to pay and I can't claim as My partner works but his salary alone doesn't cover the bills.

After doing research I read that EYFS settings do not get. Furlough money because they are continuing to get funding from the government which the Government expect them to use that to pay their workers in full.

On top of this, I have been told that only one staff member can get furlough money because they only get furlough from the government from the loss private children income so one employee got their furlough money but I haven't.

Can I ask what my rights are? Am I to be paid legally? Is it legal that my boss has not paid me? Is there anything I can do?

Sorry, also to mention even though I was employed my boss had to "let me go" when lockdown had started but asked me back when we opened in September so I am not sure what this means with regards to my employment. So really I was not paid and let go for 5 months then started back when nursery reopened. What should I do if this happens again?

Are you saying that in lockdown in March your boss said to you that they had to ‘let you go’? As I would have said that sounds like they terminated your contract which I think they can do with no reason as you hadn’t yet been there two years? So if that’s the case you wouldn’t have been entitled to any pay. They then re-hired you when the reopened in September if I’m understanding you correctly? I’d call ACAS for some advice and see what they say

Agree with F1rstt1imer. It sounds like you were dismissed in March then re-hired in September. As you had been there less than 2 years they can do that provided their reason for dismissing you was not automatically unfair, e.g. discrimination. Provided they paid your notice and any accrued holiday pay they have done nothing wrong. You are not entitled to anything for the period from March to September as you were not employed. Sorry.

Guidance is very clear that if funding continues they should still pay staff. However, it's guidance. This does depend, however, on how much of their income comes from government and how much is private.
Unfortunately as others have said if you were made redundant there's not much you can do and they are within their rights to do so.
I'm not sure the law is very clear yet around publicly funded organisations. It will probably take a court case to iron out some of the questions.