My boss wants me to work full time but cut my pay - can I ask to be furloughed?

KGRyder

I work for a small offshore medical supplies company. We provide supplies to yachts, not to the NHS or to doctors on land. 

I received an email from my boss yesterday (10th April) stating the following:
" ... fair course of action will be to maintain pay for those working from home at 60% of the normal full pay level. This level of pay will continue from the beginning of April until full office-based work can be resumed, and when that will be has to be an individual decision, of course. Pension payments will be preserved. Annual leave will be accrued at 60% of the normal rate whilst the restricted work situation continues, and overtime will not be approved during this period."

I have a few questions with regards to this:
1 - I've been working from home since around the 27th March. I sit at my desk from 8am to at least 5pm, sometimes I'm still there at 7pm. I don't even take a break for lunch. He is furloughing a few members of the team, so they will be getting 80% of their salary despite not working. How is it fair that I'm working 40+ hours and getting 60% but they're not working at all and getting 80%?
2 - Can he backdate reductions in pay? I wouldn't have thought that he would be able to make any changes in pay without prior consent? Especially not when I've already worked 7 days of that month and knew nothing of the reductions. 
3- It was my decision to self-isolate because a) I have asthma and was following government guidelines and b) I'm severely allergic to alcohol which everyone is scrubbing every surface in the office with now. Will this bite me in the !!!!!!? My dad seems to think that because I chose to self-isolate that I wont have a leg to stand on. 

I have zero issue with working from home, and would like to see the company continue operating so that I have a job to go back to when this is all over. But I do not want to work the same amount of hours, or more, for 40% less pay. 

Basically I want to know if / how I can get around this? Can I ask to be furloughed?

I'm getting extremely stressed out by this and woke up in the night with a migraine because of it. I appreciate any help anyone can give me!

gary83

You can ask your boss to be furloughed, you can also ask him for a million pounds and a Ferrari, he can say no to any of those questions.

What steps were taken to give you that pay cut just that email? We’re you asked to agree to it? Usual employment law still applies

onwards&upwards

It sounds to me like the pay cut is because you can only do 60% of your usual work from home, so do 60% of your hours too.  

The government didn’t advise that you had to self isolate for asthma, only for severe asthma which has a clear definition and only affects a minority of asthma sufferers.

KGRyder

gary83 said:

What steps were taken to give you that pay cut just that email? We’re you asked to agree to it? Usual employment law still applies

There were no steps. I got a message from a co-worker asking if I had also received an email. That was it. There has been zero communication from the MD or Operations Manager other than "You'll get an email" but they've been saying that for weeks. 

7Phil

You are clearly on reduced working hours if you are being remunerated at 60% both in salary and in holiday accrual.

He can't backdate a reduction in pay. That's ridiculous. Unless there was something said in writing between you two previously that suggested you both admitted you are on a reduced output and compensation will be adjusted and formalised at a later date then dispute that. If they agreed to let you work from home and nothing further was said until now you can assume you are on 100% pay. Regardless of your perceived drop in productivity you were still at your desk, contactable and responsive to work demands 100%+ of the time. That will be your argument.

Whether you agree to a future variation in your employment is up to you - although, negotiations may place you in a precarious position and at risk of redundancy being the only other option if furlough is refused. I doubt an employer that still needs you would go that far. And, if you have been there 2+ years and that happened then your options to take it to the tribunal are open.

[Deleted User]

KGRyder said:

There were no steps. I got a message from a co-worker asking if I had also received an email. That was it. There has been zero communication from the MD or Operations Manager other than "You'll get an email" but they've been saying that for weeks. 

Legally you are entitled to your statutory leave on a pro-rata basis, so if they are reducing the rate at which you accrue holiday then they must also be either reducing your extra holiday entitlement and/or your hours. Do you get more than 28 days a year?

It sounds like you need to seek urgent clarification from your boss if they want to reduce your hours. They will need a new contract of employment that you will be asked to agree to, and of course you can decline if they want to make you redundant and give you redundancy pay.

You might also suggest furlough as an alternative.

Suseka97

I would be asking my employer to clarify the situation and citing the fact that you are aware that some staff are not working and are being furloughed on 80% of their salary (I'm assuming its because they cannot work from home).    

prowla

I think you have to agree to accept a proposed pay cut.

Of course, if you don't then the company may decide not to keep you on.

Seems like you are getting a 3-day week.

spiro

How does a 60% of full salary compare to being furloughed at 80% up to a max salary of £2500/month?

KGRyder

spiro said:

How does a 60% of full salary compare to being furloughed at 80% up to a max salary of £2500/month?

It's about £800 difference - so my entire rent payment!

KGRyder

[DELETED USER] said:

KGRyder said:

There were no steps. I got a message from a co-worker asking if I had also received an email. That was it. There has been zero communication from the MD or Operations Manager other than "You'll get an email" but they've been saying that for weeks. 

Legally you are entitled to your statutory leave on a pro-rata basis, so if they are reducing the rate at which you accrue holiday then they must also be either reducing your extra holiday entitlement and/or your hours. Do you get more than 28 days a year?

It sounds like you need to seek urgent clarification from your boss if they want to reduce your hours. They will need a new contract of employment that you will be asked to agree to, and of course you can decline if they want to make you redundant and give you redundancy pay.

You might also suggest furlough as an alternative.

I get 23 days holiday a year. 
One of the other girls at work has been told that the 60% is temporary and depends on how "hard we work". If they decide that we aren't working hard enough from home, they will cut the % again. They want us to work full time, from home, for less pay.

I'm going to be seeking legal advice as I'm really not satisfied with the option that they've given me, but I also don't want to lose my job.