JSS - Forced to work 77% of the hours

Stavrosles

Hi all,
From Nov, the whole of the company will be getting on JSS but they expect us to work for the 77% of the hours, while officially, we will still be down as 33%.
This wasn't communicated through a company email but informally through meetings with the managers. It was also implied that whoever doesn't dedicate "some of their personal time during these hard times, to help the business" is more likely to be made redundant.
HR said that there isn't a clear guidance on JSS so if employees want to dedicate some of their personal time to help the company they are welcome to do so.
What is your advice on this?
Thanks 

Jeremy535897

Stavrosles said:

Hi all,
From Nov, the whole of the company will be getting on JSS but they expect us to work for the 77% of the hours, while officially, we will still be down as 33%.
This wasn't communicated through a company email but informally through meetings with the managers. It was also implied that whoever doesn't dedicate "some of their personal time during these hard times, to help the business" is more likely to be made redundant.
HR said that there isn't a clear guidance on JSS so if employees want to dedicate some of their personal time to help the company they are welcome to do so.
What is your advice on this?
Thanks 

The guidance is clear:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/921389/Job_Support_Scheme_Factsheet.pdf
3. What does the grant cover?
• For every hour not worked by the employee, both the Government and employer will pay a third each of the usual hourly wage for that employee. The Government contribution will be capped at £697.92 a month.
• Grant payments will be made in arrears, reimbursing the employer for the Government’s contribution. The grant will not cover Class 1 employer NICs or pension contributions, although these contributions will remain payable by the employer.
• “Usual wages” calculations will follow a similar methodology as for the Coronavirus Job Retention Scheme. Full details will be set out in guidance shortly. Employees who have previously been furloughed, will have their underlying usual pay and/or hours used to calculate usual wages, not the amount they were paid whilst on furlough.
 • Employers must pay employees their contracted wages for hours worked, and the Government and employer contributions for hours not worked. Our expectation is that employers cannot top up their employees’ wages above the two-thirds contribution to hours not worked at their own expense.
4. What does it mean to be on reduced hours?
• The employee must be working at least 33% of their usual hours.
• For the time worked, employees must be paid their normal contracted wage.
• For time not worked, the employee will be paid up to two-thirds of their usual wage.
• Employees cannot be made redundant or put on notice of redundancy during the period within which their employer is claiming the grant for that employee.

Stavrosles

Thanks Jeremy535897, but the above doesn't mention whether employees can dedicate their none working hours to "help the company". Which basically means voluntary work. 

Jeremy535897

They couldn't under CJRS, and when the full details of this scheme are published, I would be amazed if it was any different. The thought that it would be OK to sit at home for 2/3 of normal hours Monday to Friday, but then could be bullied into "volunteering" to work 12 hours a day on Saturday and Sunday for free, for example, is absurd.

Sibbers123

This is fraud. It seems to be systemic at the moment.

Your employer is literally making stuff up.

Thrugelmir

Stavrosles said:

Thanks Jeremy535897, but the above doesn't mention whether employees can dedicate their none working hours to "help the company". Which basically means voluntary work. 

In much of the private sector working unpaid hours has always been a fact of life. There's nothing forcing to work any time unpaid. You can decline. Very much down to personal choice. 

Jeremy535897

Thrugelmir said:

Stavrosles said:

Thanks Jeremy535897, but the above doesn't mention whether employees can dedicate their none working hours to "help the company". Which basically means voluntary work. 

In much of the private sector working unpaid hours has always been a fact of life. There's nothing forcing to work any time unpaid. You can decline. Very much down to personal choice. 

True enough, but there are detailed rules in the CJRS provisions setting out precisely how to work out hours worked, including work for associates of the employer, or indirectly working for the employer, so I would expect the same in the JSS rules, yet to be published.

Stavrosles

I guess there is a loophole? 
"You may carry out unpaid voluntary work and may undertake training during unworked hours, provided that it does not involve the generation of any revenue for us or any associated organisation and that it meets any criteria set out in the JSS."

Jeremy535897

Most commercial organisations are unlikely to meet the criterion that voluntary work generates no revenue. I remember a long thread about whether this could happen in a religious setting, where employees are paid to do one role, but often volunteer to do other, unpaid, roles, which won't generate revenue.

epm-84

For most contracts 77% of hours would make a stupid number of working hours.  For instance for a 37.5 working week of 5 x 7.5 hours it would become a 28.875 hour week or 3.85 normal working days.  That would mean one day off and going home 1 hour and 7.5 minutes earlier on another day!

diggingdude

Thrugelmir said:

Stavrosles said:

Thanks Jeremy535897, but the above doesn't mention whether employees can dedicate their none working hours to "help the company". Which basically means voluntary work. 

In much of the private sector working unpaid hours has always been a fact of life. There's nothing forcing to work any time unpaid. You can decline. Very much down to personal choice. 

Not just the private sector. If local authority childrens services worked only our contracted/paid hours, it would collapse overnight