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

[Moonlight1972]

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

I’m an employment lawyer. An employer cannot claim furlough pay if the employee is working. Of course, we don’t know here whether the employer has claimed furlough pay or just docked the employee’s wages.

Even if the employee was not working, government guidance is clear that flexible furlough is not intended to be used whilst someone is on short term sick leave. Ie. You can furlough someone even though they are on long term sick leave but you can’t furlough them just because they are sick.

So your DH should have received full pay (if he and his employer agreed he could work from home and that’s what he did) or sick pay.

We don't know anything about the man's working patterns @HopeHappy but flexible furlough for hourly working employees worked over the period of the month and wasn't calculated on the basis of whole days, it was done on hours

An employee who normally worked 6 hours per day but only had work for 3 per day would have effectively got furlough for the hours they didn't work.