Can your employer make you pay back furloughed hours?

juliec-k

Hi, its a strange one. Currently we are working 7 days (6hrs a day) one week, and off the next 7 days. However my employer has said that over the next weeks we will have to stay later than what we are currently (till about 2am in the morning instead of leaving at 7pm, our normal rota would have us on until 10pm) but with no extra pay. Can they do that? 

poppy12345

juliec-k said:

Hi, its a strange one. Currently we are working 7 days (6hrs a day) one week, and off the next 7 days.

If you've been doing this while being furloughed then you shouldn't be. You're not allowed to do any work for the employer that's furloughing you, that's not how furlough works.

bradders1983

Do you normally have a shift pattern like that, or does your boss think he can furlough you every other week?

sharpe106

Sounds like they can't even claim for what you have been doing. But that is not really your problem. They can’t make you work any hours unpaid to pay back furloughed hours as they are not paying for it.

Grumpy_chap

Furlough has to be a minimum of three weeks for each individual to qualify for the grant.  It is the employer that qualifies for the grant, not the employee.  Some companies are rotating on three-week cycles to share the work load equitably.

Hermann

juliec-k said:

Hi, its a strange one. Currently we are working 7 days (6hrs a day) one week, and off the next 7 days. However my employer has said that over the next weeks we will have to stay later than what we are currently (till about 2am in the morning instead of leaving at 7pm, our normal rota would have us on until 10pm) but with no extra pay. Can they do that? 

You don't happen to work for Jaguar Land Rover do you?

There were reports of them saying the hours off during furlough had to be banked and repaid later on, not sure what the outcome of that eventually was.

Wouldn't be surprised if other employers tried that on, ultimately it would be down to whatever you agreed in the Furlough agreement. Assuming you have actually been furloughed, as others comment it's unclear if you have been working throughout. 

Galloglass

but with no extra pay.

Is this verbal or in writing? HMRC may be interested if you can get it confirmed. 

silvercar

I would have thought that an employee could agree a salary reduction for when you return from furlough, but that would need to leave you with pay of at least minimum wage.