Back working for a day or two

Paulp1762

Hi I’m lucky enough to be working still but some of my colleagues have been furloughed. I work for a delivery company and we’ve had a lot orders come in and my employer needs a couple of extra drivers back for just 1 day. Can they do do this and would they then need to be furloughed again for at least 3 weeks? Can an employer ask them to just do a day here and there?
Thanks.

Jeremy535897

No, if they are furloughed they must do no work for the employer or its associates for the period of furlough (which must be a minimum of 3 weeks). You can furlough an employee for 3 weeks, have them work for 2 days (say), and then furlough them again for 3 weeks.

Paulp1762

Thank you, I thought this was the case. I’ll try find some official wording of this and show them incase they try and keep getting them back in for a day or two without leaving 3 weeks in between. 

Also is there any way to find out if an employer has said your furloughed? The drivers that are still working have had there hours and pay reduced to 80%, wouldn’t surprise me if my work has said we are all furloughed and claiming the 80% pay to pay us with. 

Thrugelmir

You aren't inclined to help your employer to supply your customers. Would you prefer that the customers took their trade elsewhere?

Jeremy535897

Paulp1762 said:

Thank you, I thought this was the case. I’ll try find some official wording of this and show them incase they try and keep getting them back in for a day or two without leaving 3 weeks in between. 

Also is there any way to find out if an employer has said your furloughed? The drivers that are still working have had there hours and pay reduced to 80%, wouldn’t surprise me if my work has said we are all furloughed and claiming the 80% pay to pay us with. 

See https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme Your employer has to write to you with the furlough arrangements, and you have to agree to be furloughed (this bit does not have to be in writing, and can be done collectively where unions are involved):

"Agreeing to furlough employees

Employers should discuss with their staff and make any changes to the employment contract by agreement. When employers are making decisions in relation to the process, including deciding who to offer furlough to, equality and discrimination laws will apply in the usual way.

To be eligible for the grant employers must confirm in writing to their employee confirming that they have been furloughed. If this is done in a way that is consistent with employment law, that consent is valid for the purposes of claiming through the scheme. Collective agreement reached between an employer and a trade union is also acceptable for the purpose of such a claim. There needs to be a written record, but the employee does not have to provide a written response. A record of this communication must be kept for five years.

You do not need to place all your employees on furlough. However, those employees who you do place on furlough cannot undertake work for you.

Using minimum furlough periods

Any employees you place on furlough must be furloughed for a minimum of 3 consecutive weeks. When they return to work, they must be taken off furlough. Employees can be furloughed multiple times, but each separate instance must be for a minimum of 3 consecutive weeks. Each period of furlough can be extended by any amount of time whilst the employee is on furlough. However the scheme end date is the last day you can claim for through this scheme."

Paulp1762

Thrugelmir said:

You aren't inclined to help your employer to supply your customers. Would you prefer that the customers took their trade elsewhere?

Yes I’m always willing to help my employer hence why I’m one of the drivers they kept on rather than furloughing me even when I asked to to be furloughed they asked me to stay as they know I’m a good employee. 

I just don’t want them taking advantage of the scheme set up by the government to help people. 

bradders1983

Paulp1762 said:

Thrugelmir said:

You aren't inclined to help your employer to supply your customers. Would you prefer that the customers took their trade elsewhere?

Yes I’m always willing to help my employer hence why I’m one of the drivers they kept on rather than furloughing me even when I asked to to be furloughed they asked me to stay as they know I’m a good employee. 

I just don’t want them taking advantage of the scheme set up by the government to help people. 

Suspect its just a case of your boss not knowing the rules tbf, maybe he thinks he can get you in for one day and that would just mean he can tack an extra day of furlough on at the end of the 3 week block.

Paulp1762

That was more just a response to Thrugelmir who I think was just trying to imply I’m just a disgruntled employee who doesn’t care about the customers etc.
I actually really like working where I work and know customers are the most important part of my job because without them I wouldn’t have the job.

bradders1983

Paulp1762 said:

That was more just a response to Thrugelmir who I think was just trying to imply I’m just a disgruntled employee who doesn’t care about the customers etc.
I actually really like working where I work and know customers are the most important part of my job because without them I wouldn’t have the job.

He does have a slight point though, lets say you work for 5 days in a 4 week period and the 5 days you work are not consecutive ones.  If you come out at the end with 1 week paid at full rate and 3 weeks paid at furlough rate, what is rocking the boat going to achieve?

Yes he probably shouldnt be doing it but you arent any worse off. If anything you are better off. Of course this all assumes you actually are getting full pay for the days you go in.

Thrugelmir

Paulp1762 said:

Thrugelmir said:

You aren't inclined to help your employer to supply your customers. Would you prefer that the customers took their trade elsewhere?

Yes I’m always willing to help my employer hence why I’m one of the drivers they kept on rather than furloughing me even when I asked to to be furloughed they asked me to stay as they know I’m a good employee. 

I just don’t want them taking advantage of the scheme set up by the government to help people. 

Scheme was introduced to stop companies going bust overnight and people being made redundant as a consequence. The road back is going to be extremely challenging. Many companies aren't going to survive. 

hb2

To be fair to the OP, it seems that they have been working throughout.