Furlough & Performance Appraisal

grumpyoldman1

My boss has put me onto furlough but has subsequently asked for volunteers to go into the shop where I work and prep it for re-opening. I have other plans so declined to which he replied you need to consider whether this company is right for you. He then requested I come on for a performance review in amongst some rather derogatory language. I was on probation anyway but surely he cant force me to come in for an appraisal, and further he has said I can bring someone with me, which feels like a disciplinary rather than a performance review. I fear my days are numbered and yet I feel I have done nothing wrong. Do I have a leg to stand on, and whats allowed or not allowed in this current climate?
I like my job but not this situation, its leaving a sour taste. Of course he may just extend the probation period but it's the whole situation and uncertainty that's bothering me.

thanks

Jeremy535897

grumpyoldman1 said:

My boss has put me onto furlough but has subsequently asked for volunteers to go into the shop where I work and prep it for re-opening. I have other plans so declined to which he replied you need to consider whether this company is right for you. He then requested I come on for a performance review in amongst some rather derogatory language. I was on probation anyway but surely he cant force me to come in for an appraisal, and further he has said I can bring someone with me, which feels like a disciplinary rather than a performance review. I fear my days are numbered and yet I feel I have done nothing wrong. Do I have a leg to stand on, and whats allowed or not allowed in this current climate?
I like my job but not this situation, its leaving a sour taste. Of course he may just extend the probation period but it's the whole situation and uncertainty that's bothering me.

thanks

If you agreed to be furloughed to a certain date, and your employer asks you to return before that date, and you said no, you are keeping to the terms and your employer is proposing to breach them. If your furlough period finishes before he wants you to work, you have no defence.

Thrugelmir

What "other" plans do you have that are more important than your job?  

sharpe106

Sounds like he wants to decline to carry on paying you. As he wanted people to help out and you said you had better things to do. If that is your priority after having a few months off then they would be thinking what you would be like when you return to work.

[Deleted User]

I would not be inclined to keep an employee who when asked to help out during their normal working hours said "I have other plans", remember that even when on furlough you are expected to keep yourself available for work, it is not supposed to be a jolly, regardless of how many people are treating it. 

grumpyoldman1

All good points, I would add that I had already been in the week before for 2 half days felt I had done my bit, given that its a very enclosed space with no PPE, I didn't want to risk it anymore alongside having plans which frankly are my business. Bluntly, surely if I am furloughed, I cannot be forced work/volunteer to go into the shop?

rosiesposies

Agree with comments above, if you are on furlough, and have been for at least 3 weeks, he can call you in at anytime after that but must pay you your normal salary. If you havent reached 3 weeks, then he cannot  claim for furlough for any of it. if he is proposing that you come in and volunteer during furlough, then that is black and white. You shouldnt be doing any work whilst furloughed BUT, if its a small business, and he needs to get up and running to reopen or begin trading again before the flexible furlough scheme begins, then you have to consider whether your long term employment is worth sticking to the 'black and white' statement above. 
I am about to call back staff that have been furloughed, all for at least 3 weeks, at very short notice. My last communication with them was that it would be reviewed end of june, however business need is that they return sooner. I would expect them all to be available with a days notice as they are still employed, and communications to them have made it clear if it is sooner than that they need to be available. If i was asking them to come in on a voluntary basis, that is another matter, and i dont think the business would even consider that, but we are a large international firm. 

[Deleted User]

grumpyoldman1 said:

Bluntly, surely if I am furloughed, I cannot be forced work/volunteer to go into the shop?

You can not be required to work/furloughed, indeed you can no undertake any work which is deemed "revenue generating", although you can do training and it seems that making things "Covid-Secure" for reopening has also tacitly been allowed.

However employers are going to be making people redundant in the coming months and you are required to keep yourself available for work whilst on furlough as you could be brought back at any time. Most employers would take "I have other plans" as not keeping yourself available for work and so in breach of that part of the agreement.

As a company owner/director I would not ask an employee to breach furlough by working, I have been the only person working at my company, with everyone else on furlough, however everyone has kept themselves available for work, answered the phone when I have rung them (weekly check-ins and occasionally to ask them something where notes are not complete etc.) as well as having Zoom calls to update them on how things are progressing and the return to work. We all have a difficult time ahead, but when for many companies redundancies come (I do not think I will need to make anyone redundant) then attitude will pay a part in the decisions about who is kept and who is made redundant. 

grumpyoldman1

rosiesposies said:

Agree with comments above, if you are on furlough, and have been for at least 3 weeks, he can call you in at anytime after that but must pay you your normal salary. If you havent reached 3 weeks, then he cannot  claim for furlough for any of it. if he is proposing that you come in and volunteer during furlough, then that is black and white. You shouldnt be doing any work whilst furloughed BUT, if its a small business, and he needs to get up and running to reopen or begin trading again before the flexible furlough scheme begins, then you have to consider whether your long term employment is worth sticking to the 'black and white' statement above. 
I am about to call back staff that have been furloughed, all for at least 3 weeks, at very short notice. My last communication with them was that it would be reviewed end of june, however business need is that they return sooner. I would expect them all to be available with a days notice as they are still employed, and communications to them have made it clear if it is sooner than that they need to be available. If i was asking them to come in on a voluntary basis, that is another matter, and i dont think the business would even consider that, but we are a large international firm. 

thanks for the reply, interestingly on payment, there has been no mention of paying myself and colleagues to come in. I think using the word 'volunteer' is his way of getting around that. I know all of this is a minefield hence the question, but thanks again.

grumpyoldman1

grumpyoldman1 said:

rosiesposies said:

Agree with comments above, if you are on furlough, and have been for at least 3 weeks, he can call you in at anytime after that but must pay you your normal salary. If you havent reached 3 weeks, then he cannot  claim for furlough for any of it. if he is proposing that you come in and volunteer during furlough, then that is black and white. You shouldnt be doing any work whilst furloughed BUT, if its a small business, and he needs to get up and running to reopen or begin trading again before the flexible furlough scheme begins, then you have to consider whether your long term employment is worth sticking to the 'black and white' statement above. 
I am about to call back staff that have been furloughed, all for at least 3 weeks, at very short notice. My last communication with them was that it would be reviewed end of june, however business need is that they return sooner. I would expect them all to be available with a days notice as they are still employed, and communications to them have made it clear if it is sooner than that they need to be available. If i was asking them to come in on a voluntary basis, that is another matter, and i dont think the business would even consider that, but we are a large international firm. 

thanks for the reply, interestingly on payment, there has been no mention of paying myself and colleagues to come in. I think using the word 'volunteer' is his way of getting around that. I know all of this is a minefield hence the question, but thanks again.

we were all furloughed in march.

Gonna-be-debt-free

grumpyoldman1 said:

My boss has put me onto furlough but has subsequently asked for volunteers to go into the shop where I work and prep it for re-opening. I have other plans so declined to which he replied you need to consider whether this company is right for you. He then requested I come on for a performance review in amongst some rather derogatory language. I was on probation anyway but surely he cant force me to come in for an appraisal, and further he has said I can bring someone with me, which feels like a disciplinary rather than a performance review. I fear my days are numbered and yet I feel I have done nothing wrong. Do I have a leg to stand on, and whats allowed or not allowed in this current climate?
I like my job but not this situation, its leaving a sour taste. Of course he may just extend the probation period but it's the whole situation and uncertainty that's bothering me.

thanks

When you say you are on probation, do you mean as a new starter?  Reading between the lines if he is suggesting you bring someone in with you then I think you are not going to pass your probation.  I am making no judgement on whether that should be the case or not, but I think you should be prepared.