My colleagues were furloughed, I was kept on. Today I've had my hours reduced to 80%.

Antmanbrooks

I get paid a salary and commission (roughly 15% of my total earnings). I work in lead generation. So I get paid for booking appointments with prospective customers. There's five staff plus one manger on my team. I'm considered to have a senior role within the team. We're office based but have the capacity to work from home, which we are doing and have been for two weeks. It's less than ideal in terms of my work space, but manageable if not comfortable.

Yesterday, Monday 30th March, one employee was released. He's been with the business about six weeks. Three others were placed on furlough. I was kept on alongside my manager. Now, I still earn my commission and I am also entitled to get paid the commission of others if I book their appointments whilst they are furloughed. I didn't feel particularly good about this, as it feels like I am stealing their hard work and I didn't get consulted during this decision. Although, business has nosedived which is why the decision to place people on furlough was made in the first place, so I'm in no way going to be producing a normal quota of appointments and I doubt I will be paid for much of my colleagues work. Demand has already reduced significantly.

Today, 31st March, the whole company received an email to say all remaining staff are being placed on a four day week from 1st May, therefore reducing my hours to 80% anyway. I feel particularly unfairly treated because the day after placing my colleagues on furlough I'm being asked to continue working, yet still only get paid 80% of my salary whilst my colleagues don't have to work. Plus I have an increased workload. Today is just one day, but it was very busy with a significant uplift in admin work, yet no more commission-able appointments than normal.

There are positives on the commission side but this is in no way guaranteed and I don't feel like I'm going to earn a huge amount more judging on the way the business has dried up. Am I being ungrateful, should I feel aggrieved and is there anything I can do? I know the management and director level staff knew this was happening before staff were placed on furlough and I feel like I should have been consulted before having this scenario hoisted on me.

Any advice would be greatly appreciated, especially from those in an employment law background.

7Phil

You have a fairly complex situation and it is hard to know really how the nuances of your commission will work out for you in this time. You and your employer might have a better idea but we cannot.
I expect employers should negotiate with staff about furlough. If you don't have that option then surely the change in terms of your employment should also be a negotiation that you could refuse to sign up to.
I think you have a right to feel aggrieved if that's what you sense. Your employer could do a better job at explaining to you the situation and how it will be beneficial for all.

No harm in asking for a meeting to discuss these changes face-to-face (at >2m distance of course!) to see if you can get some answers. You should feel the right not to be bullied in any way in to accepting a deal you are uncomfortable with. But, your options might otherwise be limited.

There are some positives. Depending on how this whole thing goes, keeping yourself away from furlough means you have far greater job security than those that are on it. If business suffers and your organisation needs to shed jobs then the furloughed staff will face redundancy at the end of the scheme, while you are in a better position.

I must stress I am an amateur poster so this is only based on what I think is common sense and via what I have read up on.

[Deleted User]

Be grateful you weren't furloughed.  It pushes you closer to the door.

I'd consider you the lucky one and if your colleagues are smart, they'll be envying you.

mattyprice4004

Yep, you did well to keep working - you're clearly more valued. 
Keep your head down, earn the business good money and chances are you'll have a job where some of them won't after all this. 

Antmanbrooks

Thanks for the opinions. I’ve had a further meeting this morning. All staff are being asked to sign a new contract reducing our contractual hours to 80% for a temporary 3 month period with an option to extend another 3 months. Furloughed staff are not affected. My concern is I’ve been there 10 years in June, so I’ll have agreed a reduction of my hours, the furloughed staff won’t. If they make redundancies then I’ve essentially signed away 20% of my redundancy payment. Am I right?

So I’m less protected than the guys on furlough. I don’t understand how it’s any easier to make someone on furlough redundant, we’re all still contracted in the same way. My contract is being reduced though if I sign.

Any further advise is appreciated.

Andy_L

7Phil said:

There are some positives. Depending on how this whole thing goes, keeping yourself away from furlough means you have far greater job security than those that are on it. If business suffers and your organisation needs to shed jobs then the furloughed staff will face redundancy at the end of the scheme, while you are in a better position.

AIUI the employer has to follow exactly the same process to make someone furloughed redundant at the end of the scheme as for a non-furloughed employee as they are still employed & have all their employment rights.
ie its not a case of 
working -> furloughed -> end of JRS-scheme -> automatically redundant

sharpe106

The previous comments were not that it was any easier to make someone on furlough redundant, just that it stands to reason companies will be furloughing the worst staff if they are not furloughing everybody. 
However in your case yes you would be less protected if you sign the new contract and if they do make any redundancies you will be the cheaper option of others have had the same length of service.   

HornetSaver

Furlough pay (should you also end up being furloughed) is the higher of average earnings in the past year or same you earned in the same month last year, so the contractual amendment wouldn't alter what you could potentially get under furlough. The temporary nature of the clause and any intersection with a potential redundancy payment is something you should seek professional advice on.

That caveat aside, the commission you get from the furloughed employees does somewhat compensate for what may seem as a bit of inequity in the situation. Might also be worth speaking to your manager to see if the clause can be amended to ensure that you're in no worse a position than the furloughed employees - i.e. that your hours would increase back to normal contractual levels before people were taken off of furlough? My impression is that the employer is seeking to act in good faith (by seeking to compensate you commission-wise for the inequity of 100% vs 80%) however the furlough system creates barriers which have made it difficult for them to fully achieve a perfectly fair system. On the little I know, they might be receptive to this idea?

Antmanbrooks

It’s worth mentioning that my employer has always been fair. I don’t feel they are doing any of this to be awkward or unfair. They are merely doing the best for the business and the employees as a whole. I just want to safeguard myself and my colleagues fairly. Thanks again for the opinions and advice.

sharpe106

I am not saying they are doing it out of any other reason of trying to survive, a lot of companies are doing what people think are heartless but the reality is they need to survive. But it does not change the fact that at the end you would be the cheapest option to let go if your contract is changed. 

Antmanbrooks

I had a further discussion with HR today and got written confirmation that in the event of further action, including redundancy and furlough, the contract reverts back to the standard 100% contract at that point. So looks like I’ve got the outcome that’s best. Good luck everyone. Stay safe.