Having to work while furloughed

[drunkyhumptydumpty]

My partner has received an email from work saying that he must work tomorrow.
He must travel to work put out all sanitary/nappy bins by 8 am and wait until they've been collected after 1pm.

He has been furloughed on the 30th March.

Can they ask this of him?

No, hes not allowed to work whilst furloughed.

Nope, a condition of the company getting the payment is that none of the furloughed employees work.

Not sure what I would actually do in your DP's position though tbh.

They must furlough for a min of 3 weeke at a time. He needs to say no.

He has signed a contract which states

At any time, and for any reason, we can cancel your furlough leave and require you to return to work on an on/off basis rota,

This has caused a massive argument now because I'm saying they're wrong and he's basically saying I'm an idiot and of course the big company aren't wrong.

I've told him all of this. What a fucking dickhead.

You cannot work on furlough at all.

Furlough runs in three week stints so you can do three on three off if required but not random bits of work.

Well he is saying that some Government page is saying they can request you can go in or some bullshit.

Thank you all. You've all helped me. He's just being a twat. He'll go in tomorrow as will the others on the list.

No one will stand up to them.

This is on the government's website. It's not been 3 weeks yet so he can tell them they're wrong!

Any employees you place on furlough must be furloughed for a minimum period of 3 consecutive weeks. When they return to work, they must be taken off furlough. Employees can be furloughed multiple times, but each separate instance must be for a minimum period of 3 consecutive weeks.

www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

The only way this is allowed is a) if his furlough hasn't started yet and they are changing the date it does start to be after today and paying his as normal up till now or b) he has been furloughed for three weeks and they are asking him back

He cannot work while on furlough, so perhaps he needs to ask his boss if he's misunderstood and his furlough is now starting from a later date if he's still being asked to work.

Tell him you'll be calling HMRC and giving them the company name!

He was officially furloughed on the 30th. He will go in. I am fuming.

Is there anyone I can report the company to?

I will. Hand on heart call HMRC if it fucks over the company. I am furious.

This is the exact wording from government site:

'When your employees are on furlough
You cannot ask your employee to do any work that:
• makes money for your organisation
• provides services for your organisation
They can take part in volunteer work or training'

So the second bullet point is relevant.

www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme#when-your-employees-are-on-furlough

Local newspaper?

Absolutely.

But he keeps saying
But I signed I contract

Don't see how they can create a binding contract that surpasses Government guidance. But what do I know.

This is absolutely correct . He is not allowed to work whilst on furlough. If he is in any doubt he should go in the ACAS website and ask through their chat facility.

If he refuses and gets sacked/treated less favourably then it will be a clear case of unfair dismissal I believe but get the definitive legal word from ACAS.

Sounds to me like the company is trying to get employees labour for free as the govt is paying the 80% and the company gets your husband's Labour for free - at tax payers expense. Which is NOT ok and they need reporting to HMRC.

So he can volunteer?

This email did not mention any wiggle room on the fact that this was not a request.

But he'll do it.

I won't go to a newspaper because I need to be anonymous. I even name changed for this post.

Sounds to me like the company is trying to get employees labour for free as the govt is paying the 80% and the company gets your husband's Labour for free - at tax payers expense. Which is NOT ok and they need reporting to HMRC.

This is why I'm so mad.
If it was a small independent place that desperately needed help. I could understand it.

It's not. It's millions of pounds of profit a year. They've retained staff they have options.

But why do that when the Government will pay for others work.

You can volunteer - but not for your own employer.

I think he's finally agreed that I'm right.
But he will go in.

I understand they can't come out and say they are punishing him because he refused to go in....
But they will without saying in.

They hold grudges. They can be spiteful. And if he doesn't do it they will remember.

I hate them so much.

A friends employer has furloughed them but put in the email that they can still volunteer for the company and that answering emails and calls would be considered volunteering. Crafty employers are trying to find a way around the scheme. He was also told he could volunteer to go on any jobs

Exactly. The 'volunteer' email is worded to ensure that this demand is not a request.

Companies can withdraw furlough, but in that event they must pay salary in full for the period in question and can't claim the payment from the government.

Although the guidance says you can volunteer, it also says you mustn't do anything that serves the employer or makes money for them. The penalty falls on the company as any payments made can be clawed back from them.

@AvoidingRealHumans they can say that's what the HMRC guidance means by 'volunteering' all they like - doesn't mean it's true