Been furloughed, but asked to go into work

x_raphael_xx

Hi all,

My partner works as a delivery driver for a non-essential firm. He was furloughed last week as most of the companies they deliver to have been told to close.

He was rung today and has been asked to go in tomorrow to deliver to the one company that is still open. Is he allowed to work if he is furloughed? His deliveries are non-essential and I think its not worth the risk, but wondered the legal side of it. It seems contradictory to be 'laid-off' and also working.

gary83

The minimum period you can be furloughed is 3 weeks, he can’t work for the company whilst on furlough 

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

sharpe106

No you can not do any work for the company whilst furloughed. 
https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

Hermann

The guidance is clear, you can do no work for the employer that furloughs you.

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

To be eligible for the subsidy, when on furlough, an employee can not undertake work for or on behalf of the organisation. This includes providing services or generating revenue. While on furlough, the employee’s wage will be subject to usual income tax and other deductions.

Hermann

The minimum length of furlough is 3 weeks.

Galloglass

This is hitting quite a few companies where a key worker either self-isolates or catches something.

The 3 weeks bit is all about the financial compensation scheme. He can work but the company cannot ask for the government contribution for 3 weeks. Clearly the HMRC can pick this up through RTI.

The more interesting bit is how the company will handle the issue of the original non-furloughed employee who wants to return to work.

x_raphael_xx

That's great, thanks everyone. That's what I thought.

He's not the sort to say 'no' to his employers, so I've been nagging him all morning to ring them back and say he's not going in. He has a letter they've sent dated 26th March saying he is being furloughed.

sharpe106

Galloglass said:

This is hitting quite a few companies where a key worker either self-isolates or catches something.

The 3 weeks bit is all about the financial compensation scheme. He can work but the company cannot ask for the government contribution for 3 weeks. Clearly the HMRC can pick this up through RTI.

The more interesting bit is how the company will handle the issue of the original non-furloughed employee who wants to return to work.

I think the OP meant that they only wanted them to do the one delivery not cancel the furlough. 

neilmcl

If you return to work then you'll no longer be furloughed. Make sure your employer is understanding this and accepts that you wont be furloughed from this point. What they can't do is to claim for the period whilst you're working and as the minimum period for a claim is 3 weeks they wont be able to claim for anything for the next 3 weeks either.

gary83

But they can’t cancel the furlough or get him to do only 1 delivery, he was notified he was on furlough last week, so if the company are going to apply to government aid then he must be on furlough for another 2 weeks during which he time he can’t do any work for them, not even 1 delivery. The only option without breaking the rules would be if the company didn’t apply for the money from the government for last weeks furlough payment but self funded it themselves instead.

x_raphael_xx

sharpe106 said:

Galloglass said:

This is hitting quite a few companies where a key worker either self-isolates or catches something.

The 3 weeks bit is all about the financial compensation scheme. He can work but the company cannot ask for the government contribution for 3 weeks. Clearly the HMRC can pick this up through RTI.

The more interesting bit is how the company will handle the issue of the original non-furloughed employee who wants to return to work.

I think the OP meant that they only wanted them to do the one delivery not cancel the furlough. 

Yes it was just the one delivery. My worry was he would then get rung in randomly for odd deliveries here & there. He has rung them now and told them he's not going in.