Furlough agreement

[GruntledOne]

Just received a draft furlough agreement which provides that I must pay back my employers if for any reason they don't get reimbursed by the government.

Is that normal? I struggle to understand why I should have to pay them back if, for instance, the reason they fail to be reimbursed is that they have messed up their application

It's not my firm's agreements for sure. I don't think I would be prepared to sign that.

Yeh I wouldn’t be happy with that and that’s certainly not usual. It’s their decision to furlough you not yours, and their responsibility to pay you as well.

This is not in the agreement i have provided to my staff.

I did read this on a few threads in here a few months back other people had experienced this. Seems to be a way of some organisations "covering their backs" but there is no need...the Govt are clear in regards to their contribution

I wouldn't agree to that as an employee has no control over whether a claim will be accepted.

Sounds like your employer is trying it on, I can't see anyone agreeing to that. So you have an HR department, union or try ACAS

Don't sign that!

They choose to furlough you. They can make damn sure you meet the criteria for them to be reimbursed.

I did read this on a few threads in here a few months back other people had experienced this. Seems to be a way of some organisations "covering their backs" but there is no need...the Govt are clear in regards to their contribution

The scheme hasn't even been running for 2 months yet, if it was some months ago it must have been about something else.

There could be many reasons that a claim might not be paid by HMRC, they haven't guaranteed to pay claims, they've made it quite clear that there will be checks. As an employee you have no way to know if your employer is running the scheme correctly.

@TerrapinStation...weeks months whose counting...what day month or even year is it...

I certainly don't have that in my work agreement and wouldn't be happy if it was either.

I know lots of us are confused in lockdown badjanet but the scheme was only announced on 23 March, I was clarifying that something discussed a few months back couldn't have been furloughing

As with any completely new thing is confusing so best to be accurate imo

Mine doesn’t say anything like that, just that I will be paid and I’ve not to do any work for the company, I can be recalled to work at any point but it will break the 3 week minimum period.

The people saying don’t accept it op, aren’t asking what will happen if you don’t.

I’m assuming they will simply lay you off and you’ll get nothing? Would you be ok with this.

I looked into that, Bluntness100. Fortunately I've been there more than two years, which gives me some job security. If I refuse to sign and they insist on it, they can make me redundant or dismiss me, but either way I would be able to claim for unfair dismissal - and I probably would make that claim. I spoke to someone in HR who told me that I didn't have to worry about it because they wouldn't actually reclaim any money from me, so I've said that in that case they don't need the clause and I'll sign the agreement once it's removed. Ball currently in employer's court.

You said it's a draft furlough agreement, so not officially binding then.
Could you remove the offending parts and sign it?
Or cross them out, or just reply that as it's a draft you don't agree with it in its present form because of the clause, and see what happens.

Thanks, FawnDrench, that's more or less what I've done