Furlough Issue - Asked to lie about furlough

anon7654321

I've been furloughed since lockdown and I've been asked to go back to work Monday. First problem is I can genuinely work from home from my laptop but they want me in the office with everyone??? I thought we are instructed to work from home if we can? What are my rights on this?

Secondly and the issue that concerns me the most. I've been asked to keep quiet about going back to work so my employer can keep me "furloughed" and claim 80% of my wages from the government & they will top up and pay me the extra 20% of my wages.... Also, told me to keep this quiet from other staff as they "have deals with other staff".

I'm extremely uncomfortable with this. Morally it's so wrong and employers like this will be adding unnecessary debt to the economy that the government are covering for the sake of our jobs. It's exploiting the aid giving to workers and employers by the government!
 I also want to know my rights in fighting this? I extremely uncomfortable with this but worried saying no could cost me my job. I also have concerns on if they got found out I will also get potentially penalised over this? 

Any help / advice would be appreciated. 

jonnygee2

I can genuinely work from home from my laptop but they want me in the office with everyone??? I thought we are instructed to work from home if we can? What are my rights on this?

We were instructed to work from home if we can. But unfortunately the government has not put anything like that into law, so standard rules about being dismissed apply. It is better to follow the lead of your employer in my opinion, unless you or your family are vulnerable in which case you have a tough choice to make.

Secondly and the issue that concerns me the most. I've been asked to keep quiet about going back to work so my employer can keep me "furloughed" and claim 80% of my wages from the government & they will top up and pay me the extra 20% of my wages.... Also, told me to keep this quiet from other staff as they "have deals with other staff".

Right now, if I were you I would return to work and ignore their bizarre statement. there is no one to inform at this point anyway.

However, if when your pay comes you feel there has in fact been cheating - for example your payslip looks abnormal - I would report immediately to https://www.gov.uk/government/organisations/hm-revenue-customs/contact/customs-excise-and-vat-fraud-reporting . Although I know struggling businesses are doing what they can to survive, that doesn't justify criminal behaviour. 

Andy_L

anon7654321 said:

I've been furloughed since lockdown and I've been asked to go back to work Monday. First problem is I can genuinely work from home from my laptop but they want me in the office with everyone??? I thought we are instructed to work from home if we can? What are my rights on this?

Secondly and the issue that concerns me the most. I've been asked to keep quiet about going back to work so my employer can keep me "furloughed" and claim 80% of my wages from the government & they will top up and pay me the extra 20% of my wages.... Also, told me to keep this quiet from other staff as they "have deals with other staff".

I'm extremely uncomfortable with this. Morally it's so wrong and employers like this will be adding unnecessary debt to the economy that the government are covering for the sake of our jobs. It's exploiting the aid giving to workers and employers by the government!
 I also want to know my rights in fighting this? I extremely uncomfortable with this but worried saying no could cost me my job. I also have concerns on if they got found out I will also get potentially penalised over this? 

Any help / advice would be appreciated. 

Not just morally wrong, but illegal. You are being asked to conspire in fraud. 
You rights are to refuse & they can't, legally, fire you for it - however since they seem prepared to break the law anyway that may not be much of a defence. They've already been quite stupid by asking you rather than just doing it - have they been stupid enough to ask you in writing?

anon7654321

Regarding the working in the office request, when I can work from home and there is a at risk member in the household. 

Thank for the help. Unfortunately no it wasn't in writing, it was a phone call.
Is it illegal to record the call with them when I speak to them to refuse to comply with what they have asked me to do? Basically to protect myself? 

TELLIT01

The company can claim that it's not efficient for them to have people working from home, and that part really is their decision.  Asking you to lie about being furloughed isn't a moral issue, it's a legal one.

Andy_L

anon7654321 said:

Regarding the working in the office request, when I can work from home and there is a at risk member in the household. 

Thank for the help. Unfortunately no it wasn't in writing, it was a phone call.
Is it illegal to record the call with them when I speak to them to refuse to comply with what they have asked me to do? Basically to protect myself? 

No, however you have to jump through some hoops to then pass the recording on to a third party (eg a tribunal)

anon7654321

Hmmm, this is giving me a headache. 
I'm 100% refusing to comply with lying about furlough. Do I have rights to tell them if they want me back working Monday they will have to take me off furlough and ask for proof of return to work? Or if they want to keep me furloughed I won't be in the office Monday? I do know this could result in them threatening the sack but I'm not agreeing to conspiring to fraud to save them some money. 

bap98189

anon7654321 said: Hmmm, this is giving me a headache.  I'm 100% refusing to comply with lying about furlough. Do I have rights to tell them if they want me back working Monday they will have to take me off furlough and ask for proof of return to work? Or if they want to keep me furloughed I won't be in the office Monday? I do know this could result in them threatening the sack but I'm not agreeing to conspiring to fraud to save them some money. 

When you were put on furlough, what does the document you signed to agree to it say? Was it for a limited time period or open ended? If there is no end date then you should receive something in writing to say that the period of furlough has ended and you are reverting to your regular contract of employment as of Monday.

Andy_L

anon7654321 said:

Hmmm, this is giving me a headache. 
I'm 100% refusing to comply with lying about furlough. Do I have rights to tell them if they want me back working Monday they will have to take me off furlough and ask for proof of return to work? Or if they want to keep me furloughed I won't be in the office Monday? I do know this could result in them threatening the sack but I'm not agreeing to conspiring to fraud to save them some money. 

Everybody has the right to not be complicit in breaking the law.

Comms69

Andy_L said:

anon7654321 said:

Regarding the working in the office request, when I can work from home and there is a at risk member in the household. 

Thank for the help. Unfortunately no it wasn't in writing, it was a phone call.
Is it illegal to record the call with them when I speak to them to refuse to comply with what they have asked me to do? Basically to protect myself? 

No, however you have to jump through some hoops to then pass the recording on to a third party (eg a tribunal)

Not to the police though...

jonnygee2

I'm 100% refusing to comply with lying about furlough. Do I have rights to tell them if they want me back working Monday  they will have to take me off furlough and ask for proof of return to work? 

No, not really. The furlough scheme is between the employer and government - you neither need to tell anyone nor declare anything anywhere. You could of course drop them an email just confirming that they want you back at work on Monday and that you'll be returning to full pay.

Note - although claiming off the furlough scheme would be illegal, they haven't done it yet and so far no crime has been committed. They could well change their minds about the best course of action between now and when they have to claim. Don't overreact now and lose your job, would be my advice, over just a phone call.

As suggested, follow your employers lead and wait to see if there is evidence they are fiddling the system - and if there is then report them.