Furlough question re working outside contracted hours

LauraHa

I have been furloughed from one position for the majority of my hours, recently I have been asked if I could work my non furloughed hours outside my contracted hours.... is this legal?  Surely I have to work within my contracted hours? 

Grumpy_chap

This came up recently - I'll try to find the thread to link to as it had some useful comment.
In summary, when you are furloughed, you cannot do any work for the company, not even volunteer or work of a different nature.
If you work 40 hours per week M-F, 8 til 5 with 1 hour breaks and there is not enough work for you to do, then flexible furlough would allow you to work part time and be furlough part time. 
Say work 20 hours per week M-F, 8 - 12 noon.  Furlough for the unworked hours.
It would not be reasonable to then do overtime 20 hours per week in out-of-hours, say night shift or weekend and still claim the furlough 20 hours.
If there is only 20 hours work and furlough 20 hours, it probably does not matter when those 20 hours are actually worked.

unholyangel

@Grumpy_chap I'm not sure that's what the OP is asking. 

It sounds like op potentially has 2 jobs with the same employer and one is furloughed with the other asking her to vary the hours. 

Can't say I've come across that scenario. Op doesn't detail what their concerns are, about being asked to work outside of the contracted hours. Whether it's because employer is claiming furlough and hours/duties being asked of them in working role has crossover with furloughed role. Or whether it's just the fact they're asking her to do different hours from normal.

More info would be good, as presently it could be either scenario or even a completely different one from how either of us have read it.  

Jeremy535897

OP states that the employer can only use her services for a minority of her contracted hours, and it sounds like the employer has another job she could do, but not during her normal hours. OP may have a contract of employment that specifies certain work hours, and if so, it may be that the employer cannot make her work different hours. In these times, though, that may not be a wise decision. If OP's furlough rate is less than full rate, OP gains cash but works potentially unsociable hours, and is more likely to keep her job. One thing is clear: there is nothing in CJRS preventing this, but the normal hours worked will impact on the number of hours she can be furloughed.

Jack1959

Hi I’ve been furloughed three times.  I only work 12 hours a week over 3 days, though some of those are paid at time and a half.  I have was asked to return from  furlough 1 and 2 to work 1 hour per day over 7 days.  The reason given was that
my work partner who works 27 hours over 6 days a week stood to lose far more money than I did if they asked her to return.  Should my money have been made up, as it was very difficult to live on 7 hours a week and also very tying working 7 days even if only for an hour, plus there was extra commuter costs, time and petrol.  Thanks 

Grumpy_chap

Jack1959 said:

Hi I’ve been furloughed three times.  I only work 12 hours a week over 3 days, though some of those are paid at time and a half.  I have was asked to return from  furlough 1 and 2 to work 1 hour per day over 7 days.  The reason given was that
my work partner who works 27 hours over 6 days a week stood to lose far more money than I did if they asked her to return.  Should my money have been made up, as it was very difficult to live on 7 hours a week and also very tying working 7 days even if only for an hour, plus there was extra commuter costs, time and petrol.  Thanks 

You should be paid 7 hours at 100%
Flexible furlough for the balance (12 - 7) so 5 hours at 80%

Jeremy535897

Grumpy_chap said:

Jack1959 said:

Hi I’ve been furloughed three times.  I only work 12 hours a week over 3 days, though some of those are paid at time and a half.  I have was asked to return from  furlough 1 and 2 to work 1 hour per day over 7 days.  The reason given was that
my work partner who works 27 hours over 6 days a week stood to lose far more money than I did if they asked her to return.  Should my money have been made up, as it was very difficult to live on 7 hours a week and also very tying working 7 days even if only for an hour, plus there was extra commuter costs, time and petrol.  Thanks 

You should be paid 7 hours at 100%
Flexible furlough for the balance (12 - 7) so 5 hours at 80%

It seems that the employer thinks that furlough is "all or nothing". It isn't any more, as flexible furlough allows payment to be made for hours not worked, as per Grumpy Chap's post. If you are contracted to work 12 hours a week, you should be paid for them in full, if you are not flexibly furloughed. Your work partner should be in the same position as you, assuming hours worked are paid at at 100% and hours furloughed are paid at 80%:
You working: 7 hours at 100%, flexibly furloughed 5 hours at 80%. You furloughed: 12 hours at 80%
Work partner working: 7 hours at 100%,  flexibly furloughed 20 hours at 80%. Her furloughed: 27 hours at 80%