Am I Entitled To Furlough Pay? - Paul Doran Law

Belfast Office
12 Carnmoney Road
Glengormley
County Antrim BT36 6HN

Leeds Office
West One
114 Wellington Street
Leeds
West Yorkshire
LS1 1BA

London Office
124 City Road
London EC1V 2NX

Newcastle Office
Gear House
Saltmeadows Road
Gateshead
Tyne and Wear NE8 3AH

Telephone: 0808 1687 288
Email: enquiries@pauldoranlaw.com

Am I Entitled To Furlough Pay?

The information in this blog is based on Government guidance as of 4:00 pm on 27 March 2020. Furlough PayGuidance has been published further details of the Coronavirus Job Retention Scheme (more commonly known as the Furlough Pay Scheme).

At this stage, it is unclear when exactly the scheme will go live and whether HMRC will rely only on the guidance when operating the scheme or if legislation will be enacted. It is also unclear when the scheme will actually commence however payments are to be backdated to 1 March 2020.

The areas in which we have received a number of queries are set out below:

Who Is Entitled to Receive Furlough Pay?

All employees who are paid through a PAYE scheme. This includes agency staff if paid through PAYE.

The types of employers named are who are covered by the scheme are businesses, charities, recruitment agencies and public authorities.

To qualify, you must have been on the payroll on or before 28 February 2020 – anyone hired after that date is not eligible.

The scheme is also open to employees made redundant since 28 February 2020 provided the employer is willing to rehire them.

Employees with more than one job are eligible. Furlough leave can be paid for each job an employee works in.

When on furlough leave, the employee must not undertake any work for the organisation.

Furlough pay is subject to tax and NI.

Who is not entitled to Furlough Leave?

  1. Employees who are working on reduced hours for reduced pay.
  2. Employees on unpaid leave on or before 28 February 2020
  3. Employees on sick leave – this includes those self-isolating

Please note that if you are presently in receipt of sick pay, once you are fit to return to work, you will be eligible for furlough leave.

How Much Will I Receive?

The lower of 80% of your regular wage or £2,500 per month. That sum is before tax and NI is deducted. This means that the maximum payment will be £2,500 per month less tax and NI.

If your normal pay before tax and NI is higher than £2,500 per month, the maximum pay you will receive is £2,500 less tax and NI.

If your normal pay is less than £2,500 before tax and NI, you will receive 80% of your pay. For example, if you receive £2,000 per month before tax and NI, you will be paid £1,600 per month. Again, tax and NI will be deducted from that sum.

Employers can make up the difference if they wish but they are not obliged to. We suspect most will not offer to do so.

My Pay is Variable Each Month 

How much you will be paid depends on how long you have been working for. If you have been employed for more than a year, you can claim the higher of:

If you have been employed for less than a year, you will be entitled to:

Again, these sums will be capped at 80% of your earnings and subject to tax and NI.

What if 80% of my pay means I earn less than the National Minimum Wage?

The government has said that because furloughed leave workers will not actually be working, the 80% cap will still apply even if this would technically mean you hourly rate falls below the NMW.

What date can Furlough Leave start from?

It is unclear when the scheme will go live however employers can claim payments from 1 March 2020.

What happens at the end of the scheme?

The government has left this to employers. The guidance specifically states that employers can decide to make employees redundant at the end of the furlough period. We suspect that, unfortunately, many businesses will have no option but to do so.

Do I Have Employment Rights on Furlough Leave?

You will retain your employment rights including sick pay, Statutory Sick Pay, maternity rights, other parental rights, rights against unfair dismissal and discrimination and to redundancy payments.

Can I Refuse Furlough Leave?

You can however refusing to do so will mean you run the risk of being made redundant.

How Do I Apply? 

Your employer must first designate you as a “furloughed worker” which means that you would be made redundant were it not for this scheme.

You must agree to enter into the scheme. If you do, the employer must confirm the position with HMRC and submit information on your earnings via an online portal (to date, this has not yet been created).

Further reading

For more information on this subject, you might find our other articles useful:

Need help?

For an assessment of your case, call 0808 168 7288 or fill in the contact form, right.

We have already helped thousands of people to win millions of pounds in compensation.

See what they say >

You have a choice of ways to pay, including ‘no win, no fee’.

Browse funding options >

 

 

 

 

 

 

Back to all news

Share Article With:

Call us on
0808 1687288
or fill in this
Free Online Enquiry

(no cost or obligation)

We will only use the information you provide to handle your enquiry, and we will never share it with any third parties.

What Our Clients Say

I found all the staff to be knowledgeable and highly professional. Stephanie W

My experience has been a very professional one. The case ran smoothly from the get go. I was always kept in the loop. Dinah T

Up to date information. Easy to contact. Knowledgeable solicitor. No win without him. Audrey S

Very good. Always stayed within the timescales given. Sound advice, would recommend. Ken S

Efficient and helpful. Takes the claimant points into consideration. Angela R

Paul Doran Law has been extremely helpful and supportive in very difficult circumstances. I would highly recommend them as professionals to others and have a lot of faith in their advice. David R

Although a lengthy case I have been constantly updated throughout. Susan R

Paul answered me promptly, was very helpful and advised me what to do. Winifred P

Paul Doran was very helpful during my communication. Friendly and professional. Adrian M

Cormac is a very reassuring person, he made sure I was kept up to date as my case progressed and was always supportive when I got the jitters. He was very diligent and methodical whilst representing me. Iain M

Professional approach and positive attitude. Shirley M

Competent and efficient and very pleasant to deal with. Cloda McN

Cormac explained my options and talked me through each step and advised me of the best possible outcome. Gerard McL

Very helpful. Emma McA

Satisfied with service. Susan H

Very satisfied with the professional way case was handled. Evelyn H

Staff and solicitor very helpful at all times. Solicitor very knowledgeable and took my case and concerns seriously, and in a very professional manner. Deborah H

Friendly, efficient and very professional. Charlotte G

Very friendly and competent service. Peter G

My experience using Paul was very professional at all times. Kept me up to date at all times throughout the process. Blanche G

Very professional, friendly and efficient. Kept me informed throughout the process. Straight forward service which is exactly what I needed. Paula F

Good end result, Paul did a lot of work. Thank you. Lyn E

Felt at ease and was listened to; got excellent advice. Gemma D

Very professional and always willing to help and offer advice when needed on the situation. Lytreena D

Outstanding, friendly service from start to finish. Matthew C

Very professional and always left valued as a client. I feel that the company has worked very hard to get me a good result. Christine C

From day one there was a plan of action. I feel I was listened to and heard, after which the process was then easy. Kanta C

I would highly recommend. Karen B

Confident in representation. June B

Very happy with all aspects of my experience from initial contact to finish. Andrew B

Understanding and very prompt. Michelle W

Completely professional, and secured a settlement beyond my expectations. Cormac was exceptional – very many thanks. Joan W

Very happy with results. Very grateful for all Paul and his team have done for me. I feel valued as a client, my questions were always answered very quickly. Thank you. Anna V

Very good, professional. Amida S

Always responsive, courteous and supportive. Would recommend to friends and family without hesitation. David S

Easy and efficient and professional at all times. Stephanie R

Very good. Yusuf O

Excellent, efficient and prompt legal advice. Very satisfied with service provided. Lisa N

It took me a long time to find a solicitor who would support my case. I’m so glad I found Paul Doran Law who brought me success. Shirley N

I have had a very pleasant experience using Paul Doran Law and would definitely use again. Rebecca McM

The service was always informative, dignified and respectful. Chloe McL

I would definitely recommend. Colleen McB

Cormac was excellent from start to finish. I have already recommended him to friends and family. Sam M

Paul Doran Law were professional and very concerned about my feelings and what I had been through. I felt that they cared. Lisa M

Professional, helpful, very knowledgeable. Highly recommended. Bekki M

I found Cormac very compassionate and was always there as I had a lot of queries. Stephen McG

Impressed with accessibly, speed of response and professionalism. Edna L

Cormac was very professional and reassuring at all times. Kat K

Great, a good experience. Thank you. Mary K

Professional, efficient and friendly. Tabitha K

Very well treated throughout. I was always listened to and my questions answered. Allan H

I found Mr Rice to be professional, amiable and my overall experience was a positive one. Marcel G

I received valued information initially and came back later to receive a very satisfactory outcome. Lyn F

Put at ease very early on which helped me feel less stress. Harry D

I can’t thank you enough. I am so glad with the outcome and will recommend you. Christopher B

Cormac was great. Tom B

I would recommend Paul’s legal service as it is professional and thorough. Shelia H

This claim has been handled professionally and without delays. I am totally satisfied. Kelly L

Should the need arise I would definitely use Paul Doran’s services again. Suzie U

Any queries were answered quickly with detailed responses.  Sharon H

Everything was written very simply and in plain English which was good. Sylvia B

When time lines have been set, they have been met. I did not just feel like a case number. Karen S

When I emailed, Paul replied straight away.Very friendly and easy to talk to. Rita C

Paul was very thorough and helpful and successfully brought my case to an end. Margaret C

I feel strongly that Paul cares about clients. Pamela R

Paul was very reasonable and fair regarding the fees deducted from my claim offer I was awarded. Deborah McM

Very professional all the way through the process. Sharon C

I found all the staff to be knowledgeable and highly professional. Stephanie W

Well informed and easy to contact. I wouldn’t have won my case without him. Audrey S

Very good. Always stayed within the timescales given. Sound advice. Would recommend. Ken S

Efficient. Helpful. Take the clients points into consideration. Angela R

Paul Doran Law has been extremely helpful and supportive in very difficult circumstances. David R

Although a lengthy case, I have been constantly updated throughout. Jenny R

Professional and efficient service with helpful and friendly staff. Susan R

My case was handled professionally and my solicitor was very understanding and quick to respond. Eleanor P

Paul was very helpful and friendly. Adrian M

Cormac is a very reassuring person. He was very supportive when I got the jitters. Iain M

Kept going when it did not good and achieved a successful outcome. Shirley M

Competent, efficient and very pleasant to deal with. Cloda McN

Cormac deserves a salary for counselling alone! Lesley A

Cormac explained my options and talked me through each step and advised me of the best possible outcome. Gerard McL

They were quick to get things sorted. Emma McA

Very satisfied with the outcome to my case. Evelyn H

Solicitor very knowledgeable and took my case and concerns seriously in a very professional manner. Deborah H

Friendly, efficient and very professional. Charlotte G

I liked the personal touch. I received phone calls with updates instead of relying on letters all of the time. Sharon C

Very friendly and competent service. Peter G

Very professional. Kept me up to date at all times throughout the process. Blanche G

Straightforward service which is exactly what I needed. Paula F

Good end result. Paul did a lot of work. Lyn E

Very professional and always willing to help and offer advice when needed. Lytreena D

Very pleasant manner from staff and solicitors. Sara C

Outstanding. Friendly service from start to finish. Matthew C

I feel the company worked very hard to get the result. Christine C

From day one there was a plan of action. I feel I was listened to and heard after which to prove the case got easy. Kanta C

I would highly recommend. Karen B

Very good overall service. Judith B

Very happy with all aspects of my experience from initial contact to finish. Andrew B

Very professional, friendly and efficient. Kept me informed throughout the process. Paula F

Very professional. I always felt valued as a client Christine C

Paul was extremely professional and efficient Lesley A

Outstanding – friendly service from start to finish Matthew C

Paul Doran was very helpful during my communications, friendly & professional. Adrian M

I found right from the beginning Paul was very friendly and easy to ask questions at any time. Rita C

Paul is prompt, friendly and approachable. I liked how he was committed to my case and kept me informed. Judith P

I appreciate the thorough and expedient manner to which the task was completed. Barbara H

I feel Paul really cares about his clients and works to get the best outcome and justice for them.  Elaine S

My claim has been handled professionaly and without delays.  I am totally satisfied. Kelly L

Paul’s legal service is professional and thorough. Sharon H

I entrusted him with something that was very important to me and he did not let me down. Deborah McM

I was in contact with Paul on many occasions and all queries were dealt with personally and politely. Judith C

It has been a pleasure using Paul Doran Law. I would recommend him to friends and family. Sylvia B

Cormac was an absolute pleasure to work with – very polite, helpful, and thoughtful. Jessica D

Paul was polite and considerate and efficient. I would highly recommend this firm Geraldine A

I have been very impressed by the industry knowledge and the level of service provided. Nuala M

Quick, honest and responsive.

J Chambers

The service provided has been delivered beyond expectation.

K L Stokoe

Recommend without reservation.

J Taylor

If Paul had not taken on my case, I would not have received monies owed to me. E Shefford

I would recommend Paul’s legal service as it is professional and thorough. S Hall

View more testimonials

Why Choose Us?

  • We only work for employees
  • 25+ Years' Experience
  • No Win, No Fee available
  • Insurance to protect against Tribunal fees