Return to work after furlough on reduced pay but initially told full pay.

naismith84

Good morning, 

My first time on here, starting with background and then my questions at the end. Any help would be great

I have been on furlough for over 3 weeks and then my employer asked if I could come back to work in a project for an initial temporary period of 10 days. 

This involves going into the office and on the verbal acknowledgement  of receiving normal full pay - so I eventually said yes as I was hesitant about going into an office (I am mid 30s with a partner of the same age). 

After 3 days of being in work we were eventually told that we were actually  on reduced pay of 80%. My employer advised that the new contract all happened so quickly that it was simply human error/forgetfulness that we weren't told correctly. The company has approx 500 employees so it isn't small, I have worked there 2.5 years. I would not have come back to work on this reduced pay had I known. 

I have said to them that I will work over the weekend for the double pay (of 80% that is) but will not come in Monday - Wednesday which are the final days of the temp 10 day stint. I have also Said that if they want to offer the double pay weekend to someone else then that is fine also - I believe that I have been very reasonable and helpful with the company. I have asked to then be put back in furlough, again, I would not have worked if I had known about the reduced pay. I have not signed anything about this temporary work or the reduced pay. We only received a letter about the reduced pay on day 3 of being back in work, although it was dated day 2. 

So, I have a few questions please :

1. Can my employer pay reduced pay? If so, why and is a revised signed contract required? 

2. How long can they do reduced pay for? 

3. Can they refuse my request to put me back on furlough in light of this situation? I would not have come back to work under these circumstances. 

Thanks in advance,

Jeremy535897

You should have received a furlough agreement to agree before you were furloughed. This should have mentioned any reduction in salary. Your employer is required to get your agreement to furlough, and almost certainly needs your agreement to a pay reduction. A lot of employers are reducing staff pay, on a temporary basis, to what they can recover under CJRS if the employee is furloughed. That temporary basis is flexible. there are no set limits.

You can request to be furloughed, but the employer does not have to agree to it. If there is work for you to do, and they want you to do it, you have to do it if you are not shielding or self isolating, or there may be disciplinary action or redundancy.

naismith84

Jeremy535897 said:

You should have received a furlough agreement to agree before you were furloughed. This should have mentioned any reduction in salary. Your employer is required to get your agreement to furlough, and almost certainly needs your agreement to a pay reduction. A lot of employers are reducing staff pay, on a temporary basis, to what they can recover under CJRS if the employee is furloughed. That temporary basis is flexible. there are no set limits.

You can request to be furloughed, but the employer does not have to agree to it. If there is work for you to do, and they want you to do it, you have to do it if you are not shielding or self isolating, or there may be disciplinary action or redundancy.

Thank you.
I received a furlough letter but there was nothing about reduced pay when returning to work. The only paperwork I have for that is a letter from day 2 of being back in work, which was received on day 3. 
Hopefully they will agree to re-furlough as I wouldn't have returned under those circumstances - it isn't my usual role you see. 

Biscuit49

You do have to agree to the reduced pay, if you haven't you could raise a grievance and potentially claim constructive dismissal I believe.

If the company asks you to agree to a pay cut and you refuse you can be dismissed, or dismissed and rehired on the lesser amount, both ways you can also still try and take action against them.

Under the current circumstances if these claims would be successful who knows, it may be considered reasonable to cut salaries to keep the business afloat.

It does sound like communication has been very poor, but many people, including myself, are being paid a reduced salary while others within the business remain on furlough, its just the way things are right now. Its not a usual circumstance.

naismith84

Biscuit49 said:

You do have to agree to the reduced pay, if you haven't you could raise a grievance and potentially claim constructive dismissal I believe.

If the company asks you to agree to a pay cut and you refuse you can be dismissed, or dismissed and rehired on the lesser amount, both ways you can also still try and take action against them.

Under the current circumstances if these claims would be successful who knows, it may be considered reasonable to cut salaries to keep the business afloat.

It does sound like communication has been very poor, but many people, including myself, are being paid a reduced salary while others within the business remain on furlough, its just the way things are right now. Its not a usual circumstance.

Thank you. 
Yes that is happening at our place too. 
Hopefully they will put me back on furlough and get someone else in for this project as most people could do it. 

Biscuit49

naismith84 said:

Biscuit49 said:

You do have to agree to the reduced pay, if you haven't you could raise a grievance and potentially claim constructive dismissal I believe.

If the company asks you to agree to a pay cut and you refuse you can be dismissed, or dismissed and rehired on the lesser amount, both ways you can also still try and take action against them.

Under the current circumstances if these claims would be successful who knows, it may be considered reasonable to cut salaries to keep the business afloat.

It does sound like communication has been very poor, but many people, including myself, are being paid a reduced salary while others within the business remain on furlough, its just the way things are right now. Its not a usual circumstance.

Thank you. 
Yes that is happening at our place too. 
Hopefully they will put me back on furlough and get someone else in for this project as most people could do it. 

While it might seem frustrating are you not better to be working than not working though?

If redundancies occur, which they will do across many businesses, it will surely bode well for you that you was happy to work as they clearly have a trust in you to be able to do the job that maybe they dont have of others?

[Deleted User]

On the other hand they might how think you are an easy target for further pay reductions if you accept this one.

Without renegotiating your contract they can't cut your pay. Since you have been there for more than 2 years they can't easily fire you either. I'd tell them you reject the pay cut and since you have not agreed anything the hours you have already worked must be paid at your normal 100% rate.

naismith84

Biscuit49 said:

naismith84 said:

Biscuit49 said:

You do have to agree to the reduced pay, if you haven't you could raise a grievance and potentially claim constructive dismissal I believe.

If the company asks you to agree to a pay cut and you refuse you can be dismissed, or dismissed and rehired on the lesser amount, both ways you can also still try and take action against them.

Under the current circumstances if these claims would be successful who knows, it may be considered reasonable to cut salaries to keep the business afloat.

It does sound like communication has been very poor, but many people, including myself, are being paid a reduced salary while others within the business remain on furlough, its just the way things are right now. Its not a usual circumstance.

Thank you. 
Yes that is happening at our place too. 
Hopefully they will put me back on furlough and get someone else in for this project as most people could do it. 

While it might seem frustrating are you not better to be working than not working though?

If redundancies occur, which they will do across many businesses, it will surely bode well for you that you was happy to work as they clearly have a trust in you to be able to do the job that maybe they dont have of others?

Thanks - yeah I get your point but  I have shown willingness as others have refused beforehand. I'm fairly confident that it'll all work out  

naismith84

[DELETED USER] said:

On the other hand they might how think you are an easy target for further pay reductions if you accept this one.

Without renegotiating your contract they can't cut your pay. Since you have been there for more than 2 years they can't easily fire you either. I'd tell them you reject the pay cut and since you have not agreed anything the hours you have already worked must be paid at your normal 100% rate.

Thank you but they won't be giving me 100% - I even asked about the 2 days before being told and got told no. I know that I could probably take it further but I don't want to rock the boat too much as I quite like working here and it appears that it should work out OK. Thanks though

diggingdude

Am I the only one thinking this is why furlough needs to end for many?  Furlough isn't a right and many people are doing dangerous jobs with no furlough option.  " I would not have come back to work on this reduced pay had I known" your employer may well decide to say goodbye then

naismith84

diggingdude said:

Am I the only one thinking this is why furlough needs to end for many?  Furlough isn't a right and many people are doing dangerous jobs with no furlough option.  " I would not have come back to work on this reduced pay had I known" your employer may well decide to say goodbye then

The problem is that I was asked but with the wrong information. My main role can be done from home but I needed to go into the office for this project (my specific skill set not wholly required, virtually anyone would do) - if it was to wfh then I wouldn't be as bothered about the misinformation as I want to work. I don't know enough about my employer's finances to know if they're doing the 80% thing to squeeze every penny so that they remain profitable to the detriment of their staff or if they genuinely cannot continue without this reduced pay?
All is sorted for now anyway.