Furloughed but told to work?

Brian_UU

My partner and a couple of colleagues have been told to continue working from home, whilst being furloughed.
Their employer intends to top up their wages from the government's 80% to 100%, and have them working from home.
Is this legal?
My partner is worried that being responsible for payroll, they will be in trouble if this is not above board.

sharpe106

No it is against the rules
https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

gary83

this this is against the rules, the purpose of furlough is to give company’s the chance to send their staff home if they have no work for them to do, not so that companies can get an 80% wage subsidy whilst their staff continue to work.

Once you are on furlough you will not be able to work for your employer, but you can undertake training or volunteer subject to public health guidance, as long as you’re not:

• making money for your employer
• providing services to your employer

https://www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronavirus-job-retention-scheme#check-if-youre-eligible

Hermann

I'd suggest you risk your companies entire claim under the scheme if anyone does work whilst furloughed.

One option might be 3 weeks furlough then 1 week at work, then back to furlough to allow payroll etc duties?

A furlough rota could also be established to provide continuous reduced cover at work/working from home.

yawning_angel

i am in teh same position - my work have asked us all if we're ok with being furloughed but
also continuing to work.

QUESTIONS... if we are found out...

1. what will likely happen?
2. can we the employees be legally responsible / punished in some way? or will it all sit on our employer ?

Galloglass

It is the employer's issue as you are working under contract to them.

Part of the definition of an employment contract (as opposed to self-employed) is the question "who decides where and when you work"

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/customs-excise-and-vat-fraud-reporting

calcotti

yawning_angel said:

1. can we the employees be legally responsible / punished in some way? or will it all sit on our employer ?

The furlough scheme is the government reimbursing employers money. It is down to employers to abide by the rules of the scheme.

7Phil

To add to the chorus - totally, totally wrong.
If your employer requires you to work, even for 100% pay, and they go and claim from HMRC that your were furloughed they are making a fraudulent claim. 
It's not really HMRC's concern whether you work for 100% pay or not. Your employer is putting their neck on the line by putting in a claim and I doubt they will get far with HMRC. Everything gets reported back to them anyway.

Also, let's say you work for ABC Ltd, but they furlough you and get you a job with ABD Ltd who pays you the extra 20% and you do the exact same work (giving you the same money), that is also very much against the rules of furlough.
Any extra jobs you take up in furlough time must be a separate employment - totally unconnected with your main employer.

However, there are certain things you are allowed to do. Training (at home, online/virtually) for your job is OK as long as your 80% pay does not make you fall below NLW/NMW. 
You could also volunteer certain work for your employer. You cannot make money for them but let's say your team banded together to refurbish a store you worked in during this down time, putting it in a better position after the restrictions are lifted... That would be fine.
Volunteering should be strictly that -- not a requirement to keep your job.

yawning_angel

thank you for the helpful replies everyone!

essdee86

I am in the same position and basically have the choice of working whilst on furlough or losing my job.
Can anyone confirm that as individuals my colleagues and I would not be held responsible if our boss was found out? We're all uncomfortable with the situation, to say the least but our boss doesn't think he's doing anything wrong (despite it being clearly spelled out that we CAN NOT WORK if claiming the benefit).

Mrsn

essdee86 said:

I am in the same position and basically have the choice of working whilst on furlough or losing my job.
Can anyone confirm that as individuals my colleagues and I would not be held responsible if our boss was found out? We're all uncomfortable with the situation, to say the least but our boss doesn't think he's doing anything wrong (despite it being clearly spelled out that we CAN NOT WORK if claiming the benefit).

The comeback as I understand it would be to the employer and not yourself.