My Furlough Start date

diamonkh

Hi All, i can’t seem to find an answer this question and i am worried that what my employer has done isn’t correct practice.

I have been placed on Furlough for 3 weeks. I initially was set up to work form home however received the call on Tuesday the 7th to say that i would be on 3 weeks Furlough.

However they have started my Furlough date as of the 1st April - which means i would have technically been working for the first few days of my furlough even though i wasn’t informed until 7th?

My question is - can they do this? Can they place me on Furlough but ask that my dates are backdated? 

gary83

You can’t work whilst you were on furlough.
how were you informed of the decision to furlough you? Did you not receive a letter? Your employer must confirm it in writing, what was the start date on that?

everyfallingcurl

I'm in a similar situation too, wondered if it's acceptable that my employer backdates to the start of that pay period or if it has to start from the exact date I stopped working part-way through the month?

gary83

you can’t do any work for the company that pays you the furlough. 

Again you need to agree the furlough & they have to confirm it in writing. Check the start date on the furlough confirmation letter, it can’t be backdated to a period when you were still working.

diamonkh

Hi Gary83.

I was requested to join a call first thing on Tuesday 7th April in which they advised that i was being placed on 3 weeks Furlough. I was sent a letter within 20 minutes and asked to respond with my agreement before logging off. 

I have since reread the letter, but it states that Furlough is as of 1st April - i double checked this with them today and they stated it was correct they started it from the 1st as was easier to do that way? 

Now unsure how to proceed? 

gary83

whether or not it was easier for them to do it is irrelevant. You worked from home for April 1st - April 7th, if no agreement was made regarding a wage reduction before that date then you are entitled to your full salary for that period. 

Your company can’t have their cake and eat it by having you working for them and then afterwards claim 80% of your salary from the taxpayer, that is fraud. The government’s guidance is very ambiguous on a lot of items but it’s extremely clear that you can’t work for the company that has furloughed you during a period of furlough;

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

• making money for your employer or a company linked or associated to your employer
• providing services to your employer or a company linked or associated to your employer

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

Puts you in an awkward situation. The way I see it, You’ve basically got two options, say nothing and hope the company gets away with it, however your pay for for the first week is 20% less than it should be.

Query it again with your HR department armed with the guidance above, best case scenario they see the error in their ways, realise their mistake, you get the full money owed to you and they don’t defraud the taxpayers. Worst case scenario, they aren’t naive amateurs, they know what they’re doing and they decide not to furlough you after all.