Possible Furlough Fraud.

AlbertFrancis

I've been back at work for nearly three weeks after being furloughed.
I've received two digital payslips (Sage) in that time and both state Furlough (see image)
I've approached both operations managers and both stated that it's nothing of concern and that there is nothing dodgy going on (which immediately made me think there is!)
Do I contact HMRC?

LilElvis

Contact payroll/ HR first - notification of your return to work might not have been communicated to them.

MovingForwards

Is your pay the same now as it was on furlough? Eg 80% or topped up to 100%

Is everyone back from furlough? 

AlbertFrancis

LilElvis said:

Contact payroll/ HR first - notification of your return to work might not have been communicated to them.

The two people I've spoken to are payroll and HR, its a small family run firm.

AlbertFrancis

MovingForwards said:

Is your pay the same now as it was on furlough? Eg 80% or topped up to 100%

Is everyone back from furlough? 

Exactly the same, even though I worked 3 days!
They didn't top up to 100% when on furlough, all they did was plead poverty.

epm-84

AlbertFrancis said:

MovingForwards said:

Is your pay the same now as it was on furlough? Eg 80% or topped up to 100%

Is everyone back from furlough? 

Exactly the same, even though I worked 3 days!
They didn't top up to 100% when on furlough, all they did was plead poverty.

If you're on furlough then there's no requirement to top up to 100%, as long as you've signed an agreement saying that you accept being furloughed and getting 80% of your usual pay.

If you're back at work part time they must pay 100% for the days you work unless you've agreed to a 20% pay cut.  Even if you have agreed to one they cannot pay you less than the minimum wage for the hours you work.  So, for instance (to keep things simple) say you're over 25, work 30 hours per week and get £15,000 a year/£1250 a month - that would be fine under normal circumstances as you get around £9.60 per hour compared to the minimum wage of £8.72.  However, if you're furloughed for 15 hours and working for 15 hours then that would mean you would get £500 for the furloughed hours, which is also fine as you're not entitled to the minimum wage for those hours as you haven't worked them but if you got only a further £500 for the non-furloughed hours that would be the equivalent of around £7.80 an hour which would be a breach of the minimum wage act.

If they are not breaching the the minimum wage act, then they are still breaching their contract if you haven't agreed to a pay cut.

If they are claiming furlough from the government for hours you work then it's fraud but if they've just put a title of 'furlough' for your reduced rate of pay in their payroll system then it isn't.

AlbertFrancis

epm-84 said:

AlbertFrancis said:

MovingForwards said:

Is your pay the same now as it was on furlough? Eg 80% or topped up to 100%

Is everyone back from furlough? 

Exactly the same, even though I worked 3 days!
They didn't top up to 100% when on furlough, all they did was plead poverty.

If you're on furlough then there's no requirement to top up to 100%, as long as you've signed an agreement saying that you accept being furloughed and getting 80% of your usual pay.

If you're back at work part time they must pay 100% for the days you work unless you've agreed to a 20% pay cut.  Even if you have agreed to one they cannot pay you less than the minimum wage for the hours you work.  So, for instance (to keep things simple) say you're over 25, work 30 hours per week and get £15,000 a year/£1250 a month - that would be fine under normal circumstances as you get around £9.60 per hour compared to the minimum wage of £8.72.  However, if you're furloughed for 15 hours and working for 15 hours then that would mean you would get £500 for the furloughed hours, which is also fine as you're not entitled to the minimum wage for those hours as you haven't worked them but if you got only a further £500 for the non-furloughed hours that would be the equivalent of around £7.80 an hour which would be a breach of the minimum wage act.

If they are not breaching the the minimum wage act, then they are still breaching their contract if you haven't agreed to a pay cut.

If they are claiming furlough from the government for hours you work then it's fraud but if they've just put a title of 'furlough' for your reduced rate of pay in their payroll system then it isn't.

Thanks for the concise reply, appreciated.
The only agreement made was for my initial furlough.
When returning to work I was told I would be on less hours and would be dropping a day.
I immediately spoke about flexi-furlough and they weren't interested.
Now after working two three day weeks I've now mysteriously been asked to go back to working my original pre-lockdown hours but I'm seeing 'furlough' on my payslips.
Surely now I'm back at work and not on the flexi furlough scheme I should be seeing a regular paylip with hours worked and tax deducted etc??
Everything is pointing to fraud imo, I am due my next payslip, I hope I don't see a furlough payment on this one.
I've asked other workers and they are seeing the same on their payslips.

adamp87

Is it possible those dates entered the next pay period? 

You could ask for a breakdown I suppose 

AlbertFrancis

They now say that it was a mistake that furlough was put on my (and everyone elses) payslip!

I smell a rat.