Boss claiming furlough employee did not know

indigoblue11

I think you should ask yourself do you really want to work for an employer that commits fraud and is dishonest. Get yourself out of there find a better employer. 

wyldeandfree

Wow this is an AWFUL situation. I'm not surprised you are angry - I would be furious! What a horrible employer. Resigning may not be the right solution - perhaps see if you can confidentially seek advice (citizens' advice bureau? Do you know any employment lawyers in your friends and family network? Anonymous whistle blowing helpline? A work support charity?) I don't know how to advise but I would seek advice before resigning, in order to protect your rights. Why should you pay (unemployment) from your employer's criminal actions?

gettingtheresometime

Just as a side issue what has this sort of question got to do with the census anyway? HMRC know already the people for whom furlough was claimed so what use would it serve? 

A_Lert

Well the census asks if you've worked in the last 7 days, and if so who for.

gettingtheresometime

A_Lert said:

Well the census asks if you've worked in the last 7 days, and if so who for.

ah so it's not a question about furlough per se ?

Kim_kim

ago8591 said:

Thanks for all your comments I will take it all on board 

Personally I would fill in the census honestly.  

PixelPound

There is the £1000 fine for putting false information on the census, if they found out, so best to fill out honestly.

What you do in regards to your employer and furlough is up to you. It's very easy for people to spout what is "right" but they are not the ones at risk of being without money or on benefits.

The question is if you have lost trust, then what is best for you. Personally keeping quiet and getting new employment would be my priority - after then you can decide what to do. Not necessarily the "right" thing, but making waves so you are still there could make working uncomfortable.

ago8591

Kim_kim said:

ago8591 said:

Thanks for all your comments I will take it all on board 

Personally I would fill in the census honestly.  

I did fill it in honestly thanks for the advice though .

prowla

The rules are pretty clear.

Agreeing to furlough employees
Employers should discuss with their staff and make any changes to the employment
contract by agreement. When employers are making decisions in relation to the
process, including deciding who to offer furlough to, equality and discrimination laws
will apply in the usual way.
To be eligible for the grant employers must confirm in writing to their employee
confirming that they have been furloughed. If this is done in a way that is consistent
with employment law, that consent is valid for the purposes of claiming through the
scheme. Collective agreement reached between an employer and a trade union is also
acceptable for the purpose of such a claim. There needs to be a written record, but the
employee does not have to provide a written response. A record of this communication
must be kept for five years.
You do not need to place all your employees on furlough. However, those employees
who you do place on furlough cannot undertake work for you.

Since there was no agreement, and certainly not in writing, the employer hasn't followed the rules which entitle them to claim furlough payments.

The rules then state:

When your employees are on furlough
You cannot ask your employee to do any work that:

• makes money for your organisation or any organisation linked or associated with your organisation
• provides services for your organisation or any organisation linked or associated with your organisation.

Your employee can:

• take part in training
• volunteer for another employer or organisation

Since they've had you working throughout, they've broken that rule too.

The outcome could presumably be that they are deemed to be ineligible to have claimed furlough, thus (a) they have to repay it, and/or (b) they are found to have made a fraudulent claim; I'm guessing that either or both could likely lead to closure of the business.

The problem for the OP is that they were an innocent party, up to the point they found out about it, but now they know that the law has been broken, what should they do?