80% Of Wages Claim

[MartinMillar]

My BIL Owens a taxi firm, when it was announced that the school’s were shutting a driver said there was no point in coming back as there was no work, he didn’t turn up again.
He has now approached my BIL for 80% of his wages.
Is this right that my BIL has to pay it to him?

[MartinMillar]

*owns*
The driver was employee if that makes a difference and at the time he handed back all his equipment

[Spicerack]

No. The Government pay the 80%. Sounds like he jacked in a bit too early.

[Mamyalynne]

Not sure how the scheme would work in this regard as he has effectively resigned and not been made redundant or laid off.

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

[AuntPollyGrey]

If he was an employee he would have to have given Notice. If he just stopped turning up, for whatever reason, then he has broken the terms of his Contract. This is a moot point though, as its not the Employer that pays the 80% its the Government. Trouble is he's not got a job now......cos he quit of his own volition, so is probably not eligible.

[MartinMillar]

Spice just found out that he’s even been offered his job back as they are still working doing delivery and shopping.
Would the ex driver claim directly from the government and not my BIL

[ToraToraTora]

No, he effectively resigned, if anything he owes wages in leu of notice.

[Spicerack]

See mamya's link. I don't know too much about it, to be honest.

[Mamyalynne]

The link has information for what your Brother in Law needs to do for any of his employees affected.

[MartinMillar]

This bloke only started sniffing around when the 80% was announced

[Spicerack]

Lol. He sure won't be the only one, Martin.

[THECORBYLOON]

The guidance says,

"Employees you can claim for

Furloughed employees must have been on your PAYE payroll on 28 February 2020, and can be on any type of contract, including:

full-time employees
part-time employees
employees on agency contracts
employees on flexible or zero-hour contracts

The scheme also covers employees who were made redundant since 28 February 2020, if they are rehired by their employer."

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

Folk can be re-hired and be part of the scheme but it is up to the boss whether that happens or no.