Furlough rights

knottchris

I have been furloughed by my employer but have been contacted by him to say could I not be paid this months salary so he can pay other workers with my furlough money. Can he do this?

Jeremy535897

No. The guidance to employers says:

"You must pay the full amount you are claiming to your employee, even if your company is in administration. If you’re not able to do that, you’ll need to repay the money back to HMRC. The same applies in relation to employer national insurance contributions and pension contributions you claim regarding your employee. The full amount you claim in respect of these must be paid or you will need to repay the money back to HMRC.

By making a claim, you agree that:

• the grant you receive can only be used to pay your employee’s salary and the employer national insurance contributions and pension contributions you must pay in relation to the salary paid to your employee
• you will return any grants back to HMRC immediately if you’re unwilling or unable to use it to pay your employee’s salary and the employer national insurance contributions and pension contributions

You must not make the claim if you do not accept that you can only use the money you claim for making those payments and that it must be returned to HMRC if you do not."

JoeBloggs72

knottchris said:

I have been furloughed by my employer but have been contacted by him to say could I not be paid this months salary so he can pay other workers with my furlough money. Can he do this?

Say, no, sorry I cannot accept that as it is not legal 

sharpe106

As others have posted no he can’t. Did he say why he was paying them rather then you? Probably not a lot you can except report him.

Janie_Zebra

What the actual?  He wishes to pay others furlough with your furlough? You must have a civil mouth lol... I'd have told him quite firmly Oi NO! Followed by brushing off your CV and finding a new employer for when this shizzle is over. 

Good luck x 

Undervalued

JoeBloggs72 said:

knottchris said:

I have been furloughed by my employer but have been contacted by him to say could I not be paid this months salary so he can pay other workers with my furlough money. Can he do this?

Say, no, sorry I cannot accept that as it is not legal 

Which is fine if that is the OP's best / only option. 

However, we don't know how long the OP has been employed. If it is two years or less he can be dismissed / made redundant and his only entitlement is a week's wages.

Is the employer likely to be in a position to pay next month? That is a judgement call the OP needs to make. Getting the employer into trouble with HMRC may be satisfying but is it the most expedient way for the OP to get some money in the short to medium term?

A_Lert

What an absolute mick take! Your employer must think you're a doormat!

Or they're on the edge of going bust.

Either way, I'd be looking for new work.

knottchris

Thank you all for your support. I’ve been working for the employer for 11 years and felt very intimidated by his request.