Employer refusing to furlough, but wants me to work full time from home for 1 days pay

Fluffyoxx

Hello,
I hope everyone is safe & well
I work for a small company, there are just 2 of us in the office, including my boss. I am on NMW so get top ups from universal credit.
As of 23rd March, my boss has told me we are to work from home.

The issue I have is that he has drastically cut my pay to 1 day per week, but expects me to still work my normal hours plus sometimes extra.
If he were to furlough me, I would be due around £1k to cover me until the end of the predicted lock down period. But as I will not be allowed to carry out work for him if he furloughed me, he is refusing. He agreed last week, but has since found out that I would not be allowed to do any work.

He seems to think universal credits will pick up the lack of earnings. I got an extra £100 this month. Bearing in mind my rent is almost double my salary, but universal credit do help towards this. I earn around £800 per month and have been paid £160 over the last few weeks. So my income is taking a hit of at least £150 per week. I have explained about the benefit cap and that U/C will not cover my total losses per week/month, but boss doesn't seem interested. I've worked there for over a year. I'm gutted, as my boss is lovely normally, but this is making me feel awkward and question whether I should look for another job.

I have 2 young children at home which I am homeschooling until they can go back to school. So its hard fitting in full time work with them home, but I still do what is asked of me. He originally agreed to apply for furlough, but as I won't be able to work for the business, hes now refusing.

I don't know what to do

sliphi

Fluffyoxx said:

Hello,
I hope everyone is safe & well
I work for a small company, there are just 2 of us in the office, including my boss. I am on NMW so get top ups from universal credit.
As of 23rd March, my boss has told me we are to work from home.

The issue I have is that he has drastically cut my pay to 1 day per week, but expects me to still work my normal hours plus sometimes extra.
If he were to furlough me, I would be due around £1k to cover me until the end of the predicted lock down period. But as I will not be allowed to carry out work for him if he furloughed me, he is refusing. He agreed last week, but has since found out that I would not be allowed to do any work.

He seems to think universal credits will pick up the lack of earnings. I got an extra £100 this month. Bearing in mind my rent is almost double my salary, but universal credit do help towards this. I earn around £800 per month and have been paid £160 over the last few weeks. So my income is taking a hit of at least £150 per week. I have explained about the benefit cap and that U/C will not cover my total losses per week/month, but boss doesn't seem interested. I've worked there for over a year. I'm gutted, as my boss is lovely normally, but this is making me feel awkward and question whether I should look for another job.

I have 2 young children at home which I am homeschooling until they can go back to school. So its hard fitting in full time work with them home, but I still do what is asked of me. He originally agreed to apply for furlough, but as I won't be able to work for the business, hes now refusing.

I don't know what to do

What should you do?

You should refer to your contract of employment in the first instance.

Fluffyoxx

sliphi said:

Fluffyoxx said:

Hello,
I hope everyone is safe & well
I work for a small company, there are just 2 of us in the office, including my boss. I am on NMW so get top ups from universal credit.
As of 23rd March, my boss has told me we are to work from home.

The issue I have is that he has drastically cut my pay to 1 day per week, but expects me to still work my normal hours plus sometimes extra.
If he were to furlough me, I would be due around £1k to cover me until the end of the predicted lock down period. But as I will not be allowed to carry out work for him if he furloughed me, he is refusing. He agreed last week, but has since found out that I would not be allowed to do any work.

He seems to think universal credits will pick up the lack of earnings. I got an extra £100 this month. Bearing in mind my rent is almost double my salary, but universal credit do help towards this. I earn around £800 per month and have been paid £160 over the last few weeks. So my income is taking a hit of at least £150 per week. I have explained about the benefit cap and that U/C will not cover my total losses per week/month, but boss doesn't seem interested. I've worked there for over a year. I'm gutted, as my boss is lovely normally, but this is making me feel awkward and question whether I should look for another job.

I have 2 young children at home which I am homeschooling until they can go back to school. So its hard fitting in full time work with them home, but I still do what is asked of me. He originally agreed to apply for furlough, but as I won't be able to work for the business, hes now refusing.

I don't know what to do

What should you do?

You should refer to your contract of employment in the first instance.

Hi,

Thank you for replying.

I do not actually have a contract of employment. There are only 2 of us in the office, so was never given one. 

gary83

The amount of people in the office is irrelevant when it comes to contractual law.

when you say he’s cut your pay to 1 day a week but still expect you to work your normal hours, is he paying you over the minimum wage?

sharpe106

Ask for a copy. 

Retireby40

Sorry to be frank but time to find a new job.

He is asking you to work 40 hours for 8 hours pay? Did you not tell them they were absolutely ridiculous and that you wouldnt be doing that in a million years?

TheBanker

Assuming you are over the age of 25, the National Minimum Wage is £8.72 an hour. If the arrangements your boss is proposing would result in you earning less than that, then they are unlawful. 
If he needs you to work all week, then he has to pay you. The benefits system should not be used to subsidise his business.
Unfortunately, if he can't afford to pay you for a full week, he might decide to make you redundant and if you've only been there for a year, you will not receive very much redundancy pay. 

Fluffyoxx

Retireby40 said:

Sorry to be frank but time to find a new job.

He is asking you to work 40 hours for 8 hours pay? Did you not tell them they were absolutely ridiculous and that you wouldnt be doing that in a million years?

Sorry, my mistake, I work part time, it just feels like full time. I do 22 hours a week. I get paid for 4 hours each week currently.

Fluffyoxx

TheBanker said:

Assuming you are over the age of 25, the National Minimum Wage is £8.72 an hour. If the arrangements your boss is proposing would result in you earning less than that, then they are unlawful. 
If he needs you to work all week, then he has to pay you. The benefits system should not be used to subsidise his business.
Unfortunately, if he can't afford to pay you for a full week, he might decide to make you redundant and if you've only been there for a year, you will not receive very much redundancy pay. 

Thank you.

I am 35. He is basically expecting me to do my 22 hours plus more if and when he needs something done. But for the 1 days pay per week. 

I have explained that I need the furlough as I cannot physically afford everything with losing £600 per month. I have said that I can look for temporary work until we can return, but he did not acknowledge the comment.

He said he does not want to make me redundant, and the plan of paying me one day per week allows him to keep me employed. I do enjoy my job, but not that much that I'm willing to do it for free. The business does not make enough profit apparently to cover my wages, even at 80%.

gary83

So you work 22 hours a week, how much does he pay you a week?

Fluffyoxx

gary83 said:

The amount of people in the office is irrelevant when it comes to contractual law.

when you say he’s cut your pay to 1 day a week but still expect you to work your normal hours, is he paying you over the minimum wage?

I get £8.72 per hour. He actually got a bit arsy because I claim benefit top ups. If he paid me more, I wouldn't have to ask for help.

He is now saying, he doesn't want to furlough me in case it messes with my top ups.