Help for Individuals and Businesses
Last week we had a productive meeting with our representative in Cardiff, Jack Sergeant MS/AS.
Among the topics we discussed was help and support for those affected by redundancies and businesses affected in this pandemic period.
Jack has kindly shared some information for us:
a) For individuals seeking information and support, you can direct them to the Working Wales website - https://workingwales.gov.wales/
b) For businesses seeking information and support, you can direct them to Business Wales - https://businesswales.gov.wales/
Of course, you can also direct anyone who requires my assistance to Jack’s office via email (jack.sargeant@senedd.wales) or phone on 01244 823547.
Jack is also enquiring about meeting the minister responsible for Planning, Julie James AC/AM and tabling questions to the Senedd around data protection and access to information under COVID-19. We will post updates when we have them.
Alan Wight
Chair
Citizens Advice Flintshire is here to provide advice, support and guidance whenever and wherever you need us. We are currently available by phone, email or via our website, and you can keep up with our activities on social media.
Getting back to work will be on many people's minds at the moment: some of us will have returned to the workplace; some will be contemplating a return, and some will not be going back at all. We take a look at support and guidance available to you at the moment.
Without doubt, this may be a stressful time for many, but don't forget - you're not alone: we're here to help you. Pick up the phone; email us or take a look at the website and turn your problems into challenges.
Employees concerned about their right to live and work in the UK may also be interested in our EU Settlement advice and we would appreciate employers forwarding this E-News on to them where possible.
Stay safe Flintshire, and stay in touch.
Contact Citizens Advice Flintshire Local Advice Telephone 0300 330 2118
9 am - 5 pm, Monday - Friday
or through their website contact form/email:
flintshirecab.org.uk/contact-us
or visit Citizens Advice for Wales:
citizensadvice.org.uk/wales
GOV.UK
Coronavirus (COVID-19): what to do if you were employed and have lost your job
Guidance for people who were employed and have lost their job due to coronavirus (COVID-19).
Financial support
Apply online for Universal Credit to get financial support if you’ve lost your job.
You might also be able to:
apply for New Style Employment and Support Allowance, if you have a disability or health condition that affects how much you can work
You might also be able to get New Style Employment and Support Allowance if one of the following applies to you or your child, now or some time in the past:
you’re at high risk because you have an underlying health condition (shielding)
you’re self-isolating because you have symptoms of coronavirus
you’re self-isolating because you came into contact with someone who has symptoms of coronavirus, or you were told to self-isolate by a test and trace service
Interviews and assessments will be done by telephone. You should not go to a Jobcentre Plus unless asked to do so for an exceptional purpose, for example, to collect your Payment Exception Service vouchers.
Processing your application
Because of coronavirus, it might take longer than usual to process your application and answer questions about it. We apologise for these delays – we know this is a difficult time.
Advance payments
If you do not have enough money to live on while you wait for your first Universal Credit payment you can ask for an advance payment.
Looking for other work
Find full or part-time jobs in England, Scotland and Wales using the Find a job service.
EU Citizens Rights Project
Are you an EU, EEA or Swiss Citizen living in Wales?
Our EU Citizens Rights Project can help you to apply to the EU Settlement Scheme for settled or pre-settled status. Our service is free, independent, impartial and confidential. Except for a few cases all EU, EEA or Swiss Citizens & family members will need to apply to the EU Settlement Scheme.
The deadline to apply is 30th June 2021 but it is worth applying now. After 31st December 2020 you might be asked to prove your right to do things like get a job or use the NHS.
Getting your settled or pre-settled status will allow you to continue to:
· work in the UK
· use the NHS for free as you do now
· enrol in education or continue studying
· access public funds you’re eligible for, such as benefits and pensions
· travel in an out of the UK
If you haven’t already obtained your settled or pre-settled status, we recommend you contact us for advice. It can take time to gather further evidence if this is needed as part of your application, so it’s best to start the process as soon as possible. If you do not think that you need to apply to the scheme, please check with us to make sure, as most EU, EEA or Swiss Citizens will need to apply to continue living in the UK.
Contact details:
Phone: 0300 3309 059
Email: settled.status@flintshirecab.cabnet.org.uk
Citizens Advice have published some guidelines relating to employment in Wales.
If you'd like to find out more, take a look at the website: citizensadvice.org.uk/wales/work
If you're furloughed
You’re still employed by your employer while you’re not working.
The government will only pay your employer if they have evidence you’ve been furloughed.
Your employer should have sent you a letter or email explaining you’ll be paid through the scheme. If they haven’t sent you anything, ask for confirmation in writing.
Your employer might also ask you to reply in writing saying you agree to be furloughed. You can do this if they ask you, but you should still be paid even if you haven’t.
If your employer says they can’t furlough you because you haven’t agreed in writing, get help from your nearest Citizens Advice.
Check how much you’ll get
The government will give your employer 80% of your regular pay before tax - also known as your ‘gross pay’. You can’t get more than £2,500 a month, even if 80% of your gross pay is more than this.
Your employer works out how much you should get before they make a claim. They can’t include tips, and they can only include commission and bonuses if your contract says you should always get them.
If you’re furloughed part-time, you should get 100% of your normal gross pay for the days you work and at least 80% for the days you’re furloughed.
Your employer might decide to pay you the extra 20% so you get 100% of your normal gross pay, but they don’t have to.
Your employer will take off tax, National Insurance contributions and any other deductions they normally make.
80% of your regular pay might be below minimum wage. This isn’t against the law, because you’re not working. If you won’t have enough money to live on you can:
If you’re waiting to get your furlough pay
You can find out what to do if you’re having problems getting furlough pay.
If you need money urgently, you can:
If your regular pay changes from month to month
If you’ve been employed for a year or more, your employer should claim for whichever is higher out of:
the amount you earned in the same month last year
your average monthly earnings from the 2019-20 tax year
If you’ve had your job for less than a year, they’ll take an average of your earnings since you started.
If you’ve had your job for less than a year, they’ll take an average of your earnings since you started. This should also include any overtime you had to do or any commission your employer had to pay you.
If you and your employer pay into a workplace pension scheme
The Coronavirus Job Retention scheme will pay your employer enough to make the minimum contribution to your pension - this is 3% of your earnings. If your employer was paying more than 3%, they might stop paying the extra amount while they’re paying you through the Coronavirus Job Retention scheme.
You’ll still pay your pension contributions from the money you get through the scheme.
If you have more than 1 employer
You can be furloughed by each employer separately. Each employer can pay you a maximum of £2,500 a month. This means you could get more than £2,500 in total, if your regular pay is high enough.
If your employer asks you to work while you're furloughed
If your employer has furloughed you, they shouldn’t ask you to work during any hours you’re furloughed - this includes asking you to work voluntarily.
Your employer can ask you to do certain types of training - for example, an online course to improve your skills. They can’t ask you to do training if it makes money or provides services for them.
Your employer could be committing a criminal offence if they ask you to work during any hours you’re furloughed. You could complain to your employer - tell them it’s against the rules of the Coronavirus Job Retention Scheme. It’s a good idea to complain in writing, for example by text or email - this means you’ll have evidence if you need it.
If your employer still asks you to work, you could also report them to HM Revenue and Customs (HMRC). You don’t have to give your personal details when you report your employer. You can report an employer to HMRC on GOV.UK. Choose the option to ‘report tax fraud online’.
If you’re worried about what could happen to you if you report your employer, you can:
get advice from Protect, a charity that helps people who want to report their employer for doing something wrong - known as ‘whistleblowing’
If you want to get another job while you're furloughed
You can work somewhere else if your contract with your current employer lets you. Getting a new job won’t affect your furlough pay.
If you get a new job, you should make sure:
you can go back to work for the employer who furloughed you when they decide to bring you back
your new employer gives you the starter checklist form - you’ll need to complete Statement C
If your employer won't let you take paid holiday while you’re furloughed
Your employer doesn’t have to let you take paid holiday if they have a good reason. For example they might not be able to afford it, because the law says they have to pay you 100% of your pay when you take holiday.
If you can’t take all your paid holiday because of coronavirus, you can carry over up to 4 weeks of holiday into the next year – you’ll have 2 years to use it.
It doesn’t matter what your job is – for example, whether you’re a key worker or not. All workers can carry over their holiday.
While you’re furloughed, you’ll still build up your paid holiday. You can arrange with your employer when to take it, as you usually would.
If your employer tells you to take holiday
They have to give you notice before the holiday starts and give you 100% of your pay while you're off.
The notice needs to be twice the length of the holiday. For example, if your employer tells you to take 1 week off, they need to tell you at least 2 weeks before the holiday starts.
If you’re in the UK on a work visa
If you’ve been furloughed, it won’t affect your right to stay in the UK. For example, if your visa requires you to:
· have a job - being furloughed doesn’t mean you’ve lost your job
· not claim money from 'public funds' - furlough pay isn’t seen as public funds
· earn a minimum amount - it doesn’t matter if your furlough pay is less than the minimum amount
If your employer tries to change other things in your contract
When you’re furloughed, you need to agree to the change in your contract with your employer. They might try to change something else in your contract at the same time.
If you’re not happy with the other changes, ask your employer if you can refuse them and still be furloughed. If they say no, you should get help from your nearest Citizens Advice.
If you don’t want to be furloughed
If you refuse to be furloughed, you could be made redundant. If your employer makes you redundant, they have to follow the usual rules to make the redundancy fair.
You might be able to claim benefits, but this will probably give you less money than 80% of your normal pay.
If you’re made redundant while you're furloughed
You can still be made redundant while you’re furloughed. Your employer has to follow the right process and can’t discriminate against you - check if your redundancy is fair if you’re not sure.
You might be entitled to:
pay during your notice period - you can check how much notice pay you should get
pay for holiday time you haven’t taken - you can check how much holiday pay you should get
extra money for your redundancy - you can check how much redundancy pay you can get
If you need money while you’re waiting for your employer to pay you
You can check what benefits you can get or check if you can get help with your bills.
Local Advice Telephone 0300 330 2118
GOV.UK
Redundancy
Redundancy is a form of dismissal from your job. It happens when employers need to reduce their workforce.
If you’re being made redundant, you might be eligible for certain things, including:
redundancy pay
a notice period
a consultation with your employer
the option to move into a different job
time off to find a new job
You also have specific rights if your employer is insolvent.
If you’ve been made redundant because of coronavirus (COVID-19), your employer might be able to re-employ you and pay 80% of your wages.
You must be selected for redundancy in a fair way, for example because of your level of experience or capability to do the job.
You cannot be selected because of age, gender, or if you’re disabled or pregnant. If you are, this could be classed as unfair dismissal.