I'm furloughed and yet my employer...

xina8

I'm furloughed and have been since March.  I work in a pub on the cards and the majority of the work force is cash in hand.
All cash in hand staff have gone back to work, but I haven't nor does it seem I will do this month. 
My question is can he do this, is this fair, what should I do.

Alter_ego

He can do it, fair on what basis? Do nothing.

Hasbeen

xina8 said:

I'm furloughed and have been since March.  I work in a pub on the cards and the majority of the work force is cash in hand.
All cash in hand staff have gone back to work, but I haven't nor does it seem I will do this month. 
My question is can he do this, is this fair, what should I do.

On the cards? is this gambling? Perhaps the owners just want the employees selling back at the moment? 

You are still getting 80% of wages but believe that will stop soon. What does owner say?

xina8

I just think it's unfair that they are working and also most furloughed from main job. 

Ceeem

What do you mean by "on the cards"? Do you mean on the books?
Have you been furloughed and paid furlough pay? if not all staff are needed back at once I'm guessing he'd have to make choices, and it would make sense why the unofficial staff would go back to work first, because they'll have had no income at all for several months as they weren't through the books and therefore ineligible for furlough pay.
Not saying it's right, and not condoning the practice, but if the employer is trying look after their staff who weren't eligible for furlough, it's better than nothing, that is if you're still getting your furlough pay!  It's another matter if they stopped your furlough pay and decided to pay those people off the books instead, could be fraud.

Hasbeen

xina8 said:

I just think it's unfair that they are working and also most furloughed from main job. 

They are still furloughed from main job, but still working? Your posts are not very clear ?

Are they being paid furlough money and getting paid for working at same time?

gary83

your employer put your salary through the books therefore he was able to claim furlough for you, you’ve been getting paid 80% of your salary since March. 

If everyone else is paid cash in hand and no payments were declared or taxes paid then your boss was not able to furlough those staff. They’ve been sat at home since March receiving nothing due to their boss paying them in an underhanded way (& them going along with it before) if the pub is now open again I suspect the landlord now thinks the most fair way to do this is to keep those on furlough he is able to furlough and resume work for those that have had no income.

the most fair way to do it would have been to pay everyone by the book in the first place, perhaps some lessons will have been learnt by both employers & employees from the last few months.

xina8

No the furlough comes from other jobs they do during daytime,  they are working in pub for extra income. 

Jeremy535897

The answer to your question is that your employer can choose who to have working, and who to furlough. As furlough starts to cost the employer money, I would expect you to be asked to return to work, assuming that you have a contract of employment for a number of hours each week.

xina8

Thankyou for you help.

Hasbeen

Jeremy535897 said:

The answer to your question is that your employer can choose who to have working, and who to furlough. As furlough starts to cost the employer money, I would expect you to be asked to return to work, assuming that you have a contract of employment for a number of hours each week.

It appears that the cash in hand employees are not furloughed from the pub, but from their main employment. Not the pub.

They are getting furlough payments and extra cash from working in pub.

Op appears to be "on the pubs payroll" but is still furloughed?