10th June Furlough activation

ARosedale

Hi, I was told by my employer late in the afternoon on the 10th June, that I will be furloughed. It was the first time I had been furloughed, and after a full days work, my furlough letter did not reach me until 6pm that evening. Does anybody know if my employer has broken any rules by making me work the full day of the 10th June and then requesting me to sign my furlough agreement, only for it to arrive in my inbox after my contracted hours had finished? I know for first time furloughed employees you had to be furloughed by 10th June, but I am not sure if they have acted accordingly as I completed a full day of work for them on the same day too.
I have since been made redundant and I can't help feel that this was my employers intention all along as part of my notice pay can be subsidised by the furlough scheme.
I hope anybody can advise....

Jeremy535897

The legislation requires you to be furloughed for a period beginning on or before 10 June. You cannot work while furloughed, so they cannot furlough you. See paragraph 8.3(b) of the Treasury Direction:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/895778/Further_Treasury_Direction_made_on_25_June_2020_under_Sections_71_and_76_of_the_Coronavirus_Act_2020.pdf

Grumpy_chap

Is the OP being paid 100% during redundancy notice period and for redundancy pay calculation?

ARosedale

Jeremy535897 said:

The legislation requires you to be furloughed for a period beginning on or before 10 June. You cannot work while furloughed, so they cannot furlough you. See paragraph 8.3(b) of the Treasury Direction:

Technically I was furloughed on 10th June, and carried out work for my employer on that day too. 
I am looking at the statement from the Treasury, but I still cannot work out whether my employer has broken any rules or just acted unprofessionally.

Any advice....?

ARosedale

Grumpy_chap said:

Is the OP being paid 100% during redundancy notice period and for redundancy pay calculation?

Yes my Notice pay is at 100% of my salary as my employer is claiming back on the furlough scheme but is topping up to 100%.

Grumpy_chap

Then, although this is a difficult time, whether the furlough rules have been correctly followed or not, it makes no difference to you.  It may be pragmatic to simply take the money and focus on the future after this employer.  Rocking the boat may backfire on you and I suspect you can ill afford to lose the money.

Thrugelmir

ARosedale said:

Jeremy535897 said:

The legislation requires you to be furloughed for a period beginning on or before 10 June. You cannot work while furloughed, so they cannot furlough you. See paragraph 8.3(b) of the Treasury Direction:

Technically I was furloughed on 10th June, and carried out work for my employer on that day too. 
I am looking at the statement from the Treasury, but I still cannot work out whether my employer has broken any rules or just acted unprofessionally.

Any advice....?

Mistakes and oversights happen. What outcome are you hoping to achieve?  The alternative to furlough being redundancy potentially. 

Grumpy_chap

Thrugelmir said:

ARosedale said:

Jeremy535897 said:

The legislation requires you to be furloughed for a period beginning on or before 10 June. You cannot work while furloughed, so they cannot furlough you. See paragraph 8.3(b) of the Treasury Direction:

Technically I was furloughed on 10th June, and carried out work for my employer on that day too. 
I am looking at the statement from the Treasury, but I still cannot work out whether my employer has broken any rules or just acted unprofessionally.

Any advice....?

Mistakes and oversights happen. What outcome are you hoping to achieve?  The alternative to furlough being redundancy potentially. 

The OP already said "I have since been made redundant".  I cannot see that they stand to benefit by making a noise.

Jeremy535897

My view is that you cannot be furloughed on a day that you worked,  so you couldn't be furloughed on 10 June, so you couldn't be furloughed at all, but as the above post says, what have you to gain from raising it?

ARosedale

Grumpy_chap said:

Then, although this is a difficult time, whether the furlough rules have been correctly followed or not, it makes no difference to you.  It may be pragmatic to simply take the money and focus on the future after this employer.  Rocking the boat may backfire on you and I suspect you can ill afford to lose the money.

You are correct, maybe I am just being bitter. The outcome will not change, I will still be redundant. Perhaps I should just focus on the future and rather than waste time on raising this, I should just channel my energy into finding a new job...
Thanks.

LeicesterWorker

I would take what you can get. I was furloughed for 5 months with 0% wages, because I am excluded by the 19th March RTI, but still have to pay income tax and NI!