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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To think they shouldn’t have docked dh’s pay ?

27 replies

Moonlight1972 · 01/10/2021 08:25

My husband just had covid but he carried on working from home and resting at the weekend. Prior to that, he maybe had 1 day off sick in space of 10 years. They put him on furlough and docked 200 pounds from his pay check. AIBU thinking they shouldn’t have done that ? He emailed hr a month ago but they didn’t reply - should he follow that up ? Thank you

OP posts:

Bluntness100 · 01/10/2021 08:27

They put him on furlough because he was working from home?

FawnFrenchieMum · 01/10/2021 08:27

He was either sick or working. Furlough is separate and they have to write to him to notify furlough, and I ‘think’ (so not certain) they also have to notify the end of furlough.

insancerre · 01/10/2021 08:27

Why was he working when he was on furlough?

DrinkFeckArseBrick · 01/10/2021 08:27

What's his finosny policy, is he allowed to work from home? If he is and he was genuinely working and got as much done as if he had been in the office there was no reason to dock his pay and he should get a line manager involved

FaceForRadio1973 · 01/10/2021 08:29

I'm not sure I fully understand the situation, but furlough pay is/was only 80% (Up to a certain amount. £2500?)

Either way, he would definitely have lost pay whilst on furlough. I can't comment on his sick-leave policy.

Original poster

Moonlight1972 · 01/10/2021 08:33

They put him in furlough for the time he was at home working/being sick/isolating.

OP posts:

Original poster

Moonlight1972 · 01/10/2021 08:34

Yes they put him on furlough while working frim home, he did his normal hours.

OP posts:

TakeYourFinalPosition · 01/10/2021 08:37

He shouldn’t have been on furlough while he was working from home… was he supposed to be working from home, or did he chose to?

Either way, if his company knew he was working, he wasn’t eligible for furlough.

If he was off sick, I believe companies were allowed to use flexible furlough (although I haven’t kept up to date with all the changes), and that’d be paid at 80%, which would probably be the difference…

There was a bit of a loophole for employees who would keep working from home while off sick but hadn’t officially been asked/told to do so, which caused issues. Has DH got emails and things showing his bosses asked him to continue working?

Geamhradh · 01/10/2021 08:40

When was this, and what order did the things happen? What does his contract say about sick leave/pay and what does his furlough written documentation say?

Whinge · 01/10/2021 08:40

@Moonlight1972

Yes they put him on furlough while working frim home, he did his normal hours.

Did they inform him he was being out onto furlough?

You say he emailed HR a month ago, has be been in touch with them since, or anyone else to clarify why his pay is £200 less? I can't imagine sending an email then doing nothing when he knows he should have been paid.

Geamhradh · 01/10/2021 08:42

If his contract allowed for employees being furloughed, and he fit the criteria, then the employer did nothing wrong.
Are you saying he was furloughed because he continued WFH when on sick leave?

Original poster

Moonlight1972 · 01/10/2021 08:43

So it happened in August, he doesn’t work from normally but on site. I will ask him to check the info he got on furlow. He emailed hr end of august and got no reply. He was very much expected to work if he was ok which he did.

OP posts:

Original poster

Moonlight1972 · 01/10/2021 08:45

@Geamhradh I’m saying yes he was put on furlough while still be expected to work

OP posts:

DeepaBeesKit · 01/10/2021 08:46

This is fraud. Report to HMRC. You cannot furlough a working employee.

FaceForRadio1973 · 01/10/2021 08:47

Ahhh....

In that case, as others said, he shouldn't have been furloughed at all.

The company is / was breaking the law, and possibly defrauding the tax payer (Assuming they actually claimed it)

I suspect the only thing to do is to discuss it with HMRC, but if they're that sort of company, they wouldn't think twice about getting rid of him if he did. :(

HerLadySheep · 01/10/2021 08:51

Employers have to send a letter to an employee confirming they are being furloughed for each & every incidence, if they have not done this the employer cannot claim furlough pay from the Government, you might want to remind HR of this!
If he was working from home and not off sick the a reduction in pay is an unlawful deduction from wages, again, mention this to HR. You need to act on this quickly, is your husband in a Union?

AFuturisticalSound · 01/10/2021 08:52

If you find it is furlough fraud rather than some kind of misunderstanding then you can report the employer anonymously online

What did his payslip say for August? Unless he's on a low wage a deduction of £200 wouldn't be a full month of furlough.

Outbutnotoutout · 01/10/2021 08:53

Contact ACAS and ask them

MrsColon · 01/10/2021 08:54

The company have broken the law - workers on furlough are categorically not allowed to work for the company whilst receiving furlough. They are also not allowed to use furlough as an alternative to sick pay.

That's outrageous, get on to HR immediately.

GreatPotato · 01/10/2021 08:56

Was it agreed that he would wfh?

Did they tell him he was on furlough at the time?

He can't legally work for them while on furlough.

AFuturisticalSound · 01/10/2021 08:57

@MrsColon

That's outrageous, get on to HR immediately.

Yes they are, that's exactly what flexible furlough was for

I know furlough has ended but still important to get the facts correct.

SuperstoreFan · 01/10/2021 09:00

The company need to be reported to the HMRC, if he was furloughed he should not have been working.

HopeHappy · 01/10/2021 09:10

@AFuturisticalSound - you're right that you can work for the company while on flexible furlough, but on the days you're actually furloughed you're not allowed to work. If OP's DH was WFH, he should not have been furloughed. Or, if he was furloughed, he should not have been WFH.

Furlough is there to save people's jobs in the times when business was affected, not a Work From Home allowance!

@Moonlight1972 - you need certain clarity on this - what does his payslip say? Does it refer to furlough? Did he receive any correspondence from his employer about being furloughed?

It could be a simple mix up with the payroll department.

If it is showing furlough, I would simply state "I wasn't furloughed, I was WFH during that time - I should have received my full pay". Don't question it, don't ask them to explain it, just tell them they've got it wrong and ask them to rectify it.

DrSbaitso · 01/10/2021 09:11

Did they tell him he was furloughed before he did the work? You aren't supposed to work if you're furloughed.

Original poster

Moonlight1972 · 01/10/2021 09:12

I’m sending this thread- thank you for your precious help !

OP posts:

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