Forced to work whilst on furlough - what are my options?

ruddyrum

So at the end of March our employer sent us an official letter saying we would be placed on annual leave until we run out of days to take and then go onto unpaid leave. I tried to contact them to discuss furlough, but was informed the board of directors are discussing options, and I should wait for a further update. As I have not heard otherwise, I was placed on annual leave for the whole of April 2020.

Last week I received an email from HR saying that from the 1st April I was retrospectively placed on furlough (I thought a discussion had to take place?) and that I will remain on the Job Retention Scheme (JRS) until the end of May 2020. Firstly, they seem to have backdated my Furlough without me knowing - I was expecting full pay as I was on technically on leave, but now am receiving the payment under the JRS. Secondly, I have been informed that I am to return to my duties from May (next week) even though I am on the JRS. I know that I cannot work whilst on the JRS but I want to know what options are available to me as speaking to my line manager has had little impact. I believe he doesn't fully understand the matter and keeps referring to contractual obligations etc. I have sent HR 2 emails and have not received a response. I cannot not turn up for work and I fear that if I do not work they will do everything in their power to try and make my life difficult or even worse, force redundancy. What options are available to me outside of my employer as management are clearly burying their head in the sand on this one?

Comms69

Ok so what's happened is ALREADY unlawful.

An employer can dictate when you take your leave, but must give you appropriate notice. So already a claim.

You cannot be placed on furlough unless you agree. 

You cannot be furloughed and be forced to work. 

Your options are your union (because why wouldnt you be a member, it's like insurance for times like this!) or an expensive employment solicitor. 

ruddyrum

I know that this whole process has not been implemented correctly by my employer. Even though furlough has been forced upon us, it was my preferred option, so accept their decision. I don't have a union, or at least it is not recognised by my employer, therefore I need to know what alternative options I have.  

Comms69

ruddyrum said:

I know that this whole process has not been implemented correctly by my employer. Even though furlough has been forced upon us, it was my preferred option, so accept their decision. I don't have a union, or at least it is not recognised by my employer, therefore I need to know what alternative options I have.  

A union doesnt have to be recognised for you to join. Union reps have powers which are protected in law.

The alternative option is a solicitor. 

Remember HR are your opponent. 

ruddyrum

So basically, I'm screwed! The advice from the union was contact HR to have the matter resolved internally. We are only a small team of 16, so the union doesn't want to waste their time representing us. Hiring a solicitor is also not an option at this moment in time due to personal finances. I appreciate your input, but looks like I'm pretty much helpless.

Comms69

ruddyrum said:

So basically, I'm screwed! The advice from the union was contact HR to have the matter resolved internally. We are only a small team of 16, so the union doesn't want to waste their time representing us. Hiring a solicitor is also not an option at this moment in time due to personal finances. I appreciate your input, but looks like I'm pretty much helpless.

Now im confused. 

Are you a member of a union or not? A union wont represent you unless you were already a member, regardless of it it's a team of 16, or 16,000. 
If you were a member at the time of this starting, they will of course represent you as that is what you pay fees for.

andygb

Comms69 said:

ruddyrum said:

So basically, I'm screwed! The advice from the union was contact HR to have the matter resolved internally. We are only a small team of 16, so the union doesn't want to waste their time representing us. Hiring a solicitor is also not an option at this moment in time due to personal finances. I appreciate your input, but looks like I'm pretty much helpless.

Now im confused. 

Are you a member of a union or not? A union wont represent you unless you were already a member, regardless of it it's a team of 16, or 16,000. 
If you were a member at the time of this starting, they will of course represent you as that is what you pay fees for.

Quite a lot of people are not union members nowadays, I know that to my costs. I think the OP could have a lok at the company handbook and officially raise a grievance, which would be a formal step. The employer has definitely broken the law, they are trying to have their cake, eat it, then eat the employee's cake.

General_Grant

ruddyrum said:

So at the end of March our employer sent us an official letter saying we would be placed on annual leave until we run out of days to take and then go onto unpaid leave. I tried to contact them to discuss furlough, but was informed the board of directors are discussing options, and I should wait for a further update. As I have not heard otherwise, I was placed on annual leave for the whole of April 2020.

Last week I received an email from HR saying that from the 1st April I was retrospectively placed on furlough (I thought a discussion had to take place?) and that I will remain on the Job Retention Scheme (JRS) until the end of May 2020. Firstly, they seem to have backdated my Furlough without me knowing - I was expecting full pay as I was on technically on leave, but now am receiving the payment under the JRS. Secondly, I have been informed that I am to return to my duties from May (next week) even though I am on the JRS. I know that I cannot work whilst on the JRS but I want to know what options are available to me as speaking to my line manager has had little impact. I believe he doesn't fully understand the matter and keeps referring to contractual obligations etc. I have sent HR 2 emails and have not received a response. I cannot not turn up for work and I fear that if I do not work they will do everything in their power to try and make my life difficult or even worse, force redundancy. What options are available to me outside of my employer as management are clearly burying their head in the sand on this one?

So you are content with the 1 April as start of furlough and furloughing was communicated to you last week.
Were you informed that you were to return to duties next week at the same time as being told furlough would be to the end of May or was this return to work communicated separately?

gettingtheresometime

Sounds as if communication is not your employer's strong point.

If the employers are using the CVRS, then you can't do any work for them - I have no doubt that when this is all over there will be a dept  of HMRC set up to investigate claims so could it be that your employers have decided to take you off furlough and simply haven't told you?

When you do go in, and can see someone in person you need to get it confirmed that as you were considered to be furloughed in April that your holiday entitlement stands as it was before.

ruddyrum

No need for any confusion. To clarify, myself and co-workers have contacted our union. They have directly told us to contact the employer to resolve the issue. No resolution has been achieved, so we asked what the next steps are. They then informed us that they are unable to represent us (perhaps I should go back and ask why) but initially I was told we are to small to represent.

I have just gotten off the phone to one of the company directors, and the message was pretty much fall in line; times are tough, be grateful you have a job. I questioned the JRS and they said I should just consider it a wage cut then and carry on working. I do not see why they should be able to use taxpayer money to fund an active operation.

At the beginning of the COVID crisis our parent company sent out an email saying that they have £4.1 bn in the bank, therefore the majority of jobs are safe... seems a bit of a kick in the teeth that I have to be put on the JRS after making that statement!

Comms69

ruddyrum said:

No need for any confusion. To clarify, myself and co-workers have contacted our union. They have directly told us to contact the employer to resolve the issue. No resolution has been achieved, so we asked what the next steps are. They then informed us that they are unable to represent us (perhaps I should go back and ask why) but initially I was told we are to small to represent.

I have just gotten off the phone to one of the company directors, and the message was pretty much fall in line; times are tough, be grateful you have a job. I questioned the JRS and they said I should just consider it a wage cut then and carry on working. I do not see why they should be able to use taxpayer money to fund an active operation.

At the beginning of the COVID crisis our parent company sent out an email saying that they have £4.1 bn in the bank, therefore the majority of jobs are safe... seems a bit of a kick in the teeth that I have to be put on the JRS after making that statement!

I'm going to make it as simple as i can because earlier you said "I don't have a union, or at least it is not recognised by my employer, therefore I need to know what alternative options I have."

Were you (i literally dont care about your colleagues, because without being rude to them, it's complicated enough) a member of a union prior to 1st of March?
If so, simply tell them that you cannot resolve it through your employer, and you require representation - which is what you paid your fees for. 
There is no we in this. Because it would be astonomically unlikely that all of you are members of the same union, and the union has individually told 16 members it will not represent them. (and frankly it would be a scandal the likes of which havent rocked unions since the 60s)

The rest, frankly is irrelevant as i've already said they've behaved unlawfully. I fail to see how any further discussion would be positive. 

(and not a single company in the world has 4.1bn in the bank, because companies dont hoard money like that)