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

2

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  • Fluffyoxx
    Fluffyoxx Posts: 10 Forumite
    Second Anniversary First Post
    gary83 said:
    So you work 22 hours a week, how much does he pay you a week?
    If I was at the office, he would pay me £191.84.
    He is currently paying me £39.24.
    My furlough would be £145.98 per week.
  • minorman
    minorman Posts: 53 Forumite
    Fourth Anniversary 10 Posts
    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. 
    My neighbour works as an engineer for Ryanair.  He has been told to work on paperwork at home (a large part of his job) and go into the office 1 day a week. He told me that last week they were all asked to go on half pay rather than furlough.  I don't  think this is legal but Ryanair is domiciled in southern Ireland  so no doubt "Irish law" will prevail  !
  • Fluffyoxx
    Fluffyoxx Posts: 10 Forumite
    Second Anniversary First Post
    minorman said:
    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. 
    My neighbour works as an engineer for Ryanair.  He has been told to work on paperwork at home (a large part of his job) and go into the office 1 day a week. He told me that last week they were all asked to go on half pay rather than furlough.  I don't  think this is legal but Ryanair is domiciled in southern Ireland  so no doubt "Irish law" will prevail  !
    Jesus, that takes the mickey! why do employers think this okay? Its okay for those who do not rely on their earnings.
  • Jeremy535897
    Jeremy535897 Posts: 10,813 Forumite
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    So he liable to pay you £8.72 x 22 = £191.84, if you are working 22 hours a week. The figure of £160 you quote is more like 18 hours a week. You said you were getting £800 a month, and now you are getting about £160 x 4.3 say £690. So you are down about £110 a month rather than £150 a week, and presumably your universal credit will go up. He can't furlough you because you are still doing work for him. 
  • Hermann
    Hermann Posts: 1,425 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    So he liable to pay you £8.72 x 22 = £191.84, if you are working 22 hours a week. The figure of £160 you quote is more like 18 hours a week. You said you were getting £800 a month, and now you are getting about £160 x 4.3 say £690. So you are down about £110 a month rather than £150 a week, and presumably your universal credit will go up. He can't furlough you because you are still doing work for him. 
    I believe the OP is saying they are paid £39.24 a week and still expected to do 22 hours work.
  • Jeremy535897
    Jeremy535897 Posts: 10,813 Forumite
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    Hermann said:
    So he liable to pay you £8.72 x 22 = £191.84, if you are working 22 hours a week. The figure of £160 you quote is more like 18 hours a week. You said you were getting £800 a month, and now you are getting about £160 x 4.3 say £690. So you are down about £110 a month rather than £150 a week, and presumably your universal credit will go up. He can't furlough you because you are still doing work for him. 
    I believe the OP is saying they are paid £39.24 a week and still expected to do 22 hours work.
    Yes, I realise now the £160 figure is for more than one week. So many posts I lost track. As other posters have said, that is illegal. I have wondered how an employee proves how many hours they work, when they work from home.
  • Andy_L
    Andy_L Posts: 13,172 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hermann said:
    So he liable to pay you £8.72 x 22 = £191.84, if you are working 22 hours a week. The figure of £160 you quote is more like 18 hours a week. You said you were getting £800 a month, and now you are getting about £160 x 4.3 say £690. So you are down about £110 a month rather than £150 a week, and presumably your universal credit will go up. He can't furlough you because you are still doing work for him. 
    I believe the OP is saying they are paid £39.24 a week and still expected to do 22 hours work.
    Yes, I realise now the £160 figure is for more than one week. So many posts I lost track. As other posters have said, that is illegal. I have wondered how an employee proves how many hours they work, when they work from home.
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  • seatbeltnoob
    seatbeltnoob Posts: 1,422 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 21 April 2020 at 4:08PM
    you'll just have to resign and life of universal credit. There should be a slight increase in UC from pre-covid. UC was always designed to be a little bit uncomfortable to live off to get people out to work. It's telling because they've increased the UC and LHA since covid which indicates they always knew UC was set lower than it should have. 

    I think you need to give your boss the birdie, resign and claim unfair dismissal from work and tell him that you'll be contacting employment tribunal after all this is over.
    Have you worked more than 2 years? That's what you'll need to do in order to bring an unfair dismissal claim. Also do you have any documented evidence that the employer wants you to work from home, pay you 1 day pay and make you work longer? Evidence is required, perhaps work a week and go back and forth argueing that you can't work tuesday, wednesday, thursday, friday when you're only getting paid for monday.
    Or are you working an 8 hour day spread out over 5 days, approximately 1.5 hours a day answering emails?

  • Fluffyoxx
    Fluffyoxx Posts: 10 Forumite
    Second Anniversary First Post
    Hermann said:
    So he liable to pay you £8.72 x 22 = £191.84, if you are working 22 hours a week. The figure of £160 you quote is more like 18 hours a week. You said you were getting £800 a month, and now you are getting about £160 x 4.3 say £690. So you are down about £110 a month rather than £150 a week, and presumably your universal credit will go up. He can't furlough you because you are still doing work for him. 
    I believe the OP is saying they are paid £39.24 a week and still expected to do 22 hours work.
    Yes, I realise now the £160 figure is for more than one week. So many posts I lost track. As other posters have said, that is illegal. I have wondered how an employee proves how many hours they work, when they work from home.
    I get paid £39.24 per week for 1 day, instead of the £191.84. But he still wants me to work the 22hrs plus. 
     My rent is £1300 per month, for our 3 bedroom private rented house. U/C has a cap. Even if they were to give me full entitlement, it would only leave us £600 per month after rent, to cover everything else, like utilities, council tax, car insurance and food shopping. 

    If I was furloughed, I would get £650 ish per month wages, which would take alot of the pressure off.

    My boss has just been on the phone asking me to make a list of everything I do workwise each day, as apparently he is confused.  He has also ignored the fact that I had to purchase Office 365 to enable me to work from home.

    my boss and I share the same email account so he can see what times i send stuff off etc. But its unfair to not be paid for all of my work.
  • Haveing a contract of employment is not an issue if you have been employed for over two years and are sacked you have the right to claim unfair dismissal by law your employer must pay you for hours worked i would imagine that there may be tax issues contact HMRC firstly try to speak to ACAS or Citizens Advice. This situation needs to be looked into to
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