Lost job

[Fluff30]

I don’t know if anyone knows or can help but thought I would give it ago anyway. Just as this virus/lockdown started kids dad messaged his boss saying he wouldn’t be coming in as his mum as ms stage 2 my mum has so self isolated as she vulnerable and I was still worker as shop I work essential shop and he was gonna look after the kids. He heard nothing from her all of sudden few weeks later he heard back from his boss and she he was being let go and on garden leave. She was still running her furniture business never shut for anytime time. But we have also just found out that his colleague that kept going in and working on his wage slip says furloughed but he has never stopped working. So I was wondering is she aloud to get rid of him considering he has proof of reasons for staying away from work and specially now finding out his colleague as been paid under the furlough scheme as we are confused why she couldn’t furlough him. Thank you in advance x

[ULA]

If there was no work for him at the time then yes he could have been put on furlough, the scheme was designed to give employers the option not to lay people off or make then redundant. He also could have asked to be furloughed since, looking after children given that schools and nurseries closed, was a valid reason for being put on the scheme.*

If his colleague has been working full-time/part-time or in any other way then this is not allowed under the furlough scheme and potentially HMRC would consider this as fraud.**

[Fluff30]

Well there was work but not a lot as it was furniture company so a lot of lifts and in and out of places. Plus cos we knew his colleague was still working we didn’t think his boss was apply for the furlough scheme so we didn’t ask and didn’t think to ask if she was apply as the colleague was still going in. And as far as we aware his colleague hasn’t stopped going in the warehouse at least as he told us earlier that his wage slip says furlough on it. Do u think there is anything we can do or that it’s too late now as it’s been awhile now for him losing his job as she took no notice that he was looking after his kids while I worked. X x

[ULA]

How long has he worked there? Does he have contract of employment? When was his last day?*

[Fluff30]

Just under a yr past his trail period he does have a contact on email not on paper as far as I’m aware and it was beginning of lockdown he stopped going in but the being laid off happened in April but he had his month in hand wage for May x x

[ULA]

Unfortunately under the rules of the scheme he could not be put on furlough now and since he has less than 2 years service he has not yet got any employment rights to make any claim about being laid off. I am therefore not sure that there is anything he can do.*