Flexi furlough but "on call" pay

L11Marc

Have been on normal 80% furlough for a while but was brought back to work on a "flexi furlough" basis on Monday. It's call centre work working from home and the opening hours are 9-5. However on my 1st shift I was only given 3 hours, 2nd shift 4 hours and 3rd shift 4 hours.

We have been told when not on shift during opening hours we have to be "on call" so if it gets busy we have to have the equipment ready to jump on and answer calls & stay logged in until not needed again.

When I have asked if we are being paid for being "on call" but not logged in their answer was "normal pay for hours worked but on call you will just get your 80% furlough"

Is this right or even legal? I know normal on call jobs you get paid but are the rules different for furlough / flexi furlough? Thanks

Takeaway_Addict

Aren't you getting flex furlough for the hours you don't work?

L11Marc

Takeaway_Addict said:

Aren't you getting flex furlough for the hours you don't work?

Sorry I probably havent explained it properly. Im still getting furlough pay at 80% for the hours I dont work but this is "on call/stanby" so I cant go out anywhere between 9-5 incase I get asked to jump on but I thought this type of situation should be full pay from my employer not 80% furlough

74jax

If you do then get asked to 'jump on' are you paid at full pay?

L11Marc

74jax said:

If you do then get asked to 'jump on' are you paid at full pay?

Yes full pay if im working, furlough 80% if im on call/stand by

Diamandis

You cant do work that

• makes money for your employer or a company linked or associated to your employer
• provides services to your employer or a company linked or associated to your employer

While you're furloughed.  I'd ask for it in writing exactly what's expected of you on hours you're not working.

74jax

Diamandis said:

You cant do work that

• makes money for your employer or a company linked or associated to your employer
• provides services to your employer or a company linked or associated to your employer

While you're furloughed.  I'd ask for it in writing exactly what's expected of you on hours you're not working.

They aren't being paid furlough whilst working. 

L11Marc

74jax said:

Diamandis said:

You cant do work that

• makes money for your employer or a company linked or associated to your employer
• provides services to your employer or a company linked or associated to your employer

While you're furloughed.  I'd ask for it in writing exactly what's expected of you on hours you're not working.

They aren't being paid furlough whilst working. 

That's right so their putting me on 80% furlough when not working but expecting me to be at the side of my laptop between 9-5 ready within minutes of asking me to log on but online in normal circumstances in other jobs on call should be with pay

static266

Do you usually do on-call working? Does
your employer have an on-call policy? Inactive on-call can be unpaid until the time you are actually working so I’d guess that you could be furloughed at that point. Though the quotes above about not working while furloughed does complicate it. 

L11Marc

static266 said:

Do you usually do on-call working? Does
your employer have an on-call policy? Inactive on-call can be unpaid until the time you are actually working so I’d guess that you could be furloughed at that point. Though the quotes above about not working while furloughed does complicate it. 

 No. This is the 1st time since I have been there (10 years) that on call/stand by has ever been mentioned. We just had an email on Monday no prior notice to say this is what we have to do. No on call policy i am aware of. 

74jax

I have now found the following. As you know flexi furlough allows you to work 'some' time, and be furloughed the rest. What we need to know is what is the notice time talking you off flexi - ie is a minutes notice right. 
The below clearly states, if you work ANY part of the day you recieved your pay for that day. Not part pay and part furlough. 
Does this help? 

What pay can I earn as a Flexible Furloughed worker?

Since 1 July 2020, employers can require employees to return part-time as a Flexible Furlough worker but must pay normal wages for days worked. The employer can continue to claim for 80% wages on days not worked up to the cap of £2,500 per month.
https://www.unison.org.uk/coronavirus-rights-work/coronavirus-job-retention-scheme-qa/