Being forced to work when on Furlough

CronosGodOfTime

Hi,
I understand this may have been covered a little on a previous thread but I need a little more clarity about the specifics of my situation.
My employer has informed most, if not all, staff they are furloughed, however they will pay the extra 20% and therefore are telling us to work from home. In many cases that has actually increased our working hours as we are now expected to be responding to emails and answering phones for around 11-14 hours a day (clearly indicating there is plenty of work to be done). They have also instructed us to stop replying to emails with our names in the signature and provided anonymous email addresses for us to use to prevent anyone knowing we are working whilst they will claim the furlough benefit from the government putting pressure on us to collude with them in defrauding the system. 

Yes I understand many people would just say tell them to jog on however, they have stated that if we don't work they'll pay us the 80%. Which you may say "well that would be correct" and I agree it would however it comes with the added pressure from our directors saying "that doing so would be letting the company down and others in the team". We're all friends and so wouldn't want to let anyone down that we work with so we all feel immense pressure to work more hours and feel the extra stress from this situation whilst trying to balance the home life which we are all finding a lot more difficult during this crisis.

I understand we're in a better place than a lot of people, we have a job and will probably have one to return to, but who knows. I just don't feel comfortable being made to help my company effectively defraud the system so they can make more money during this time. Is there any suggestions about what we should do to tackle this? 

HornetSaver

Go with it, document every bit of proof you have, and seek to anonymously whistleblow once the economy picks up?

That's off-the-cuff rather than advice by the way. Certainly your number one concern should be the preservation of your income however you're right to say this does not sit well.

Hermann

The scheme is clear you can not work for the employer whilst on furlough.

I'd suggest that anyone who does risks the companies entire furlough claim not just their individual wages.

How to deal with an employer who is insisting you do work though is difficult to answer. Would all your colleagues get together and refuse en bloc on the basis that everyones wages are put at risk?

Also could a furlough rota work? Only furloughing some and rotaing those every 3 weeks, reduced workforce, reduced costs but some reduced work can continue? If so could that be pro actively suggested?

HornetSaver

@Hermann all good advice that I entirely agree with. But point of clarification - is the obligation not to work on the part of the employer or employee? My understanding is the former though I have not been able to find sufficiently watertight sourcing on that.

For an employee being asked to continue to work full time though I'd imagine it's immaterial in the sense that they've done their full time job for their full time contractual earnings - the onus then shifts to whether the employer has claimed money to which they are not entitled, surely? 

sharpe106

In case they are unclear remind them of the criteria, or better yet show them
https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

HornetSaver

sharpe106 said:

In case they are unclear remind them of the criteria, or better yet show them
https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

At the risk of pedantry, nothing in the OP gives me the impression that the employer are unclear on the criteria. Quite the opposite, they seem to have carefully considered how to try and get away with disregarding them.

Sibbers123

This is fraud so a criminal offence. Not to mention the morality of such actions.

If I were you I would whistle blow this once the everyone is back in the office. You will be protected as there is plenty of legal protection for whistle-blowers.

sharpe106

Sibbers123 said:

This is fraud so a criminal offence. Not to mention the morality of such actions.

If I were you I would whistle blow this once the everyone is back in the office. You will be protected as there is plenty of legal protection for whistle-blowers.

In theory there is legal protection for whistle-blowers but there is plenty of examples where this has not helped. 

Hermann

HornetSaver said:

@Hermann all good advice that I entirely agree with. But point of clarification - is the obligation not to work on the part of the employer or employee? My understanding is the former though I have not been able to find sufficiently watertight sourcing on that.

For an employee being asked to continue to work full time though I'd imagine it's immaterial in the sense that they've done their full time job for their full time contractual earnings - the onus then shifts to whether the employer has claimed money to which they are not entitled, surely? 

Furlough requires a signed agreement between employer and employee, everyone I've heard of specifically mentions no work during the furlough period.

I'd suggest both sides are equally obliged to abide by the agreement.

AlfEve

My situation is that I am an engineer and have to go out to work because I can't work from home. Saturday (28 March) my Mum was sent to hospital and was tested for covid 19 and result was positive. I had to visit her apartment on Sunday 22 March and Wednesday 25 March to delivery food and urgent medicines. Washed hands, kept distance etc, because she has covid 19, I thought I should isolate for 14 days just in case I got covid 19 from my mum although I have no symptoms at present.
 I thought my company would carry on paying me, or I go on furlough, which I think is not the case as my employer has informed me that I would get SSP, need to take unpaid leave or holiday pay.
My question is, can my employer put me on furlough and if not will I be able to return to work as I don't have virus symptoms and my mother is not in the same household as me?
Thanks in advance

HornetSaver

Unfortunately - the specific guidance is that if you're unfit to work it's SSP (and/or company sick pay if applicable). Furlough is for people who are able to work but the employer has no work for.

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

If you’re on sick leave or self-isolating because of coronavirus (COVID-19), speak to your employer about whether you’re eligible - you should get Statutory Sick Pay (SSP) while you are on sick leave or self-isolating, but can be furloughed after this.