Should I Be Furloughed

[geoff1057]

Hi , Iam being furloughed from my main employer . I also have a second job part time job in a bar , which has shut due to the CV. I have no contract , and work as required. I have wage slips and pay tax and NI . The boss of the bar is not forthcoming with info about the situation, and myself and other staff members wonder if we could be furloughed here too . Where do we stand . Thank you. Ruby

[bednobs]

its up to the boss. Does she thik there will be a business to come back to?

[Buenchico]

The rules are here:
https://www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronavirus-job-retention-scheme

This page is for employers but the section on 'Employees whose pay varies' would seem to be relevant to your situation:
https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

[geoff1057]

Just been told by my boss that even though I’ve worked there for over two years , as I don’t have a contract I can’t be paid anything.

[Buenchico]

If you've been paid as an employee (with tax and NI deducted), rather than as a self-employed contractor (who just comes in as requires and who pays his own tax and NI), you HAVE got a contract even though nothing has ever been written down. It's a zero-hours contract and the employer should have provided you with a 'written statement of employment particulars' within two months of you starting work. Irrespective of whether or not that happened though, you most definitely DO have a contract with the employer (who seems to know sod all about employment law!)

[geoff1057]

Thanks Buenchico, so I could definitely be furloughed even if I’ve never been given an actual contract ............ ( so they should have given me a contract after a couple of months should they)

[Buenchico]

The contract came into existence at the moment that the employer offered you work and you agreed to work there. (There's no need for a contract to be written down. Every time you buy something online or in a shop, for example, you enter into a contract with the vendor. Similarly, every time you park your car in a car park you enter into a contract with the owner of that car park).

A 'written statement of employment particulars' isn't the same as a contract but it includes elements of it.

Yes, you can be furloughed but it's not automatic. It's up to an employer as to whether he/she chooses to use the scheme or not.

[geoff1057]

Hi sorry to ask again , just had fellow member of staff asking , she pays tax but no NI , could she still be furloughed under same zero hours contract .Thank you.

[Buenchico]

^^^ Yes.

[fiction-factory]

Yes, if the employer chooses to furlough her. I'm assuming her earnings in a week are below the NI threshold. I'm not sure then why she pays tax since the tax threshold is even higher but it may be due to other earnings this tax tear

[geoff1057]

Also , spoke to other staff who are also on zero hours contracts (one person worked here for 4 yrs ) and non of us have ever been paid holiday pay , told we are not entitled .