Boss wants to claim furlough 80% but make us work anyway

[badboss2020]

I've name changed just in case.

I work in a very much effected industry and we've seen most of the business crumble over the last two weeks.

But because of the nature of the business there is still a lot of actual work to do.

My boss is a bully and always has been. My colleague and I have been wanting to leave for a long time and intended to start looking around now.

Basically my boss has now made us all sign the furlough contract that we no longer will be working but that we will get the 80% pay that he will claim from the government.

HOWEVER he has rung us all and told us that he'll only do it if actually keep working throughout that period but pretend not to be.

I don't feel comfortable at all with that. Plus it's surely downright fraud?

What would you do?

I would think twice before reporting. What if your boss cannot then get the furlough money and is then unable to pay you?

Absolutely report him. If he gets caught, chances are anyone who willingly went along with it will have HRMC taking an interest in them too.

The scheme is for companies that have lost work, and so would have to lay people off. If your company still has work, it can still pay your wages.

My sisters boss tried to do the same. I suspect it’s going to be really common with smaller firms. Arseholes.

Absolutely report him.

Some of us will get zero help despite needing it. We can’t tolerate this abuse of money. We will all be paying for it in years to come.

So, he will claim the furlough leave and only pay you 80% of the wages while working as normal?

Definitely report him through hotline number posted above. We will all be paying for this support for a long time.

Regardless of what you signed, if he asks you to work and you do, your not on furlough leave, so a reduction in pay could be an illegal deduction of earnings and/or a breach of minimum wage regulations depending on what you earn.

If he sacks you for refusing to carry out work while designated as being on furlough leave then potential for an unfair dismissal claim if you've worked there for over two years.

I actually can see the merit in this. The all or nothing approach to furloughs isn’t helpful to companies who need to keep operating at some level

You're not your! Also, if you are still getting full wages ignore bit about illegal deduction!

I'm in this position too OP. I'm devastated that my boss wising this. No other employees know (only me as I pay wages/do the books). I hate it, but I need paid to pay the bills. I'm strongly thinking of reporting him when this is all over. I'll definitely be looking for another job.

I'm also struggling to actually do any work.

Stay strong, and report him when it's over.

Report him - I’m sure you can be anonymous . Act shocked when he gets into trouble/doesn’t get the gvmt money and he’s already paid you.
I’m a small business owner and I’m glad staff are turning in their corrupt bosses, were all going to have to pay more taxes when this is over and it’s not going to be an easy recovery, this blank cheque will he paid by all of us!

Write to him saying "Just want to confirm my understanding of what you said earlier, i.e. that you will claim furlough pay for us provided that we carry on working, but not otherwise." If he confirms it, you've got proof for a report; if he doesn't, he'll be in great difficulty in denying it later because he'll have to explain why he didn't put you right.

I'd get evidence before reporting.

I have the opposite problem with my employer so I guess they are proving to a very good one. I am currently working from home but they have told us that must stop if/when we are furloughed. And they are topping up the other 20% so we will be on full pay. We will all be happy to go back and work hard when the time comes because we are being treated right. Your employer sounds awful and someone should report him.

Report him.

FFS why do some people have to ruin it for others by breaking the rules?. The government are bending over backwards to help in this time of crisis and some want to break the law and take advantage.

You have to report otherwise you are criminally liable as well, unfortunately.

I am in a similar position. My boss isn’t a bully at all but we have been told we are now on furlough but we have to still work! I.e respond to customer enquiries etc.. and I wonder if this is allowed?

*@motheroftwoboys@

Employers are not topping up the 20% if employees are furloughed.

They will only be able to claim the 80% from the government if they are paying normal full wages to the furloughed employees. The employer will be 20% out of pocket but in a better place to get back to business once we're through this.

If you are furloughed by your employer, you can NOT work for that employer. That part of the guidance is very clear.

This is fraud and do not agree to it. Get everything that he's asking you to do in writing and report to HMRC.

That's a horrible position for you to be put in OP. You have to report him though - I did wonder how many fraudulent claims they'd get as in these times it's probably fairly easy to abuse. Good luck in finding your new role too!

You have said most of the business has crumbled in the last few weeks? but there is still lots of work to do. Perhaps you would like to do all the work for 100% of your wages wile your colleagues are furloughed and do *** all on 80%. That way it is all above board.

Definitely try to get it in writing perhaps by asking him to clarify if you'll be paid as usual and he'll be claiming or what?

Then if you can't afford to lose your job, report him after when you've got something else secured.

While it is fraud, you realise your boss is trying to do you a favour

Oh come on! Read the OP. There is plenty of work to do - the OP says so. What this guy is blatantly doing is getting taxpayers to pay his wage bill. So he can keep that cash for himself.

Grass him up.

I DO see that to an extent he trying to do mainly himself us a favour by retaining us and he has said IF we keep working he'll pay the 100% but that's not really the point.

We are working from home but dealing with the fallout of the cancelled events. That's why it's still busy. Plus the equipment needs a certain amount of maintenance and care too which is still being done on site - also by someone in furlough.

Boss's son also works for the company and he's also in furlough but working. In fact as far as I know the boss has even furloughed himself and I'm not sure how he thinks he can get away with that either.

Lots of food for thought from the comments. I need to get my head straight and see how to go forward

OP, do not turn a blind eye to fraud. If caught your boss sounds like the type who is likely to say that you all agreed the furlough while knowing that he was claiming; and he would take you down with him.