Employer charging back furlough contribution

ThrowRATheatre

Hi MSE, firstly a quick sorry for the throwaway account but I didn't want to post this under my actual account in case it somehow got seen by my employer/linked back to me.

Right, so. I work at a reasonably sized west end show which, regardless of what Boris is suggesting, won't be back until sometime next year. At the moment there's all kinds of contract negotiations going on, but one of the most concerning ones is how they're dealing with furlough:
From August they will contribute the required amount by the government, until it ends in October. From October we will be places on an unpaid career break until the shows can reopen. Once they can reopen we're expected to return to less than the usual shows so will be paid at least half our usual wages. Once shows and wages return to full, the company will deduct 20% from the wage to recoup the cost of their contribution to our furlough, and we have to stay for a minimum term contract so they can recoup the cost. If we don't agree to this, the alternative is be made redundant.

I'm just wondering, can employers really recoup the cost like this? Honestly I'd prefer they just didn't contribute and wages went back to normal asap. 

sharpe106

No they can't basically. They can't make you pay anything towards the furlough costs. 

Thrugelmir

ThrowRATheatre said:

Right, so. I work at a reasonably sized west end show which, regardless of what Boris is suggesting, won't be back until sometime next year. 

Is he suggesting? I'd of thought little chance of indoor events such as West End Theatre appearing until well into the New Year. Not as if the production can restart at the drop of a hat. 

ThrowRATheatre

Thrugelmir said:

ThrowRATheatre said:

Right, so. I work at a reasonably sized west end show which, regardless of what Boris is suggesting, won't be back until sometime next year. 

Is he suggesting? I'd of thought little chance of indoor events such as West End Theatre appearing until well into the New Year. Not as if the production can restart at the drop of a hat. 

A lot of people I know not in the industry have taken his announcement the other day as "Theatre's can reopen! Shows are back on!" Just wanted to put it out there that we're definitely not going to reopen once furlough has ended. 

diggingdude

If this is what the company is expecting I would be looking for other work. Whilst it isn't legal they are clearly trying to pull a fast one.  If this is put in writing to you it may be worth reporting it also 

ThrowRATheatre

diggingdude said:

If this is what the company is expecting I would be looking for other work. Whilst it isn't legal they are clearly trying to pull a fast one.  If this is put in writing to you it may be worth reporting it also 

That seems to be the way I'm heading, with the other things trying to be negotiated into contracts at the moment it doesn't seem appealing to return to! 
Where would you recommend I report it to? 

bradders1983

Perhaps leak the email to a trade publication to start with, The Stage perhaps?

gt94sss2

Also https://www.tax.service.gov.uk/shortforms/form/TEH_IRF

adamp87

I would most certainly see if you can share this with the stage whilst protecting yourself. This is disgraceful

Galloglass

The deductions could be masked as a "pay cut" as there will be different ways to do this. However what cannot be masked is if the deductions reduce pay below NMW as that is clearly actionable. Does it?

ThrowRATheatre

Galloglass said:

The deductions could be masked as a "pay cut" as there will be different ways to do this. However what cannot be masked is if the deductions reduce pay below NMW as that is clearly actionable. Does it?

Yes, temporary pay cut is how they are playing it. 
It will just scrape above NMW with the pay cut but it will fall below if we have to do longer hours to work in a covid-safe way without extra pay, which is something the theatre society are trying to bring in at the moment. It's all very "what if" and "maybe" for most of the things at the moment, but the pay cut is something that's come from the production itself. 

adamp87 said:

I would most certainly see if you can share this with the stage whilst protecting yourself. This is disgraceful

bradders1983 said:

Perhaps leak the email to a trade publication to start with, The Stage perhaps?

I'll certainly consider this, thank you. 
It feels as though we're being backed into this awful corner of take the pay cut or we'd be the reason the production goes under, which isn't our fault at all!