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Boss has been making me work on furlough and I dont know that to do!

6 replies

Mumm111 · 12/06/2021 13:59

Hi I have just found out my boss has been making me work while I'm stiff on furlough and have been since may! He was giving me a little money cash in hand at first and I was to stupid not to realise what was going on as a few other people where getting the same I was just told this is what was happening with everyone just now and I didn't question it (yes it was stupid of me). I dont know what to do as I dont feel comfortable with this but I'm to scared to complain and maybe end up losing my job. I'm a single mother of 2 and I need the money I cant risk losing my job. I only found all this out as I have had to isolate and I applied for the self isolation grant and was asked to get my boss to confirm my end of furlough date and when I asked this I was told I have never been mistaken off furlough! So now I cant get the grant and he is making me use my holidays for my time off or he said I need to work back the days I have been off! If my boss finds out i have even made this post he would 100% find any excuse to fire me I'm so scared i loose my job. I am also now scared as technically I have committed fraud that I didn't even know I was doing. I also know it was stupid of me not realising what he was doing until now but this is my first job and I didn't even think.
Any advice would be brilliant
Thank you

OP posts:
Gmmllw · 12/06/2021 20:54

You have been furloughed illegally.
Just so I'm clear - If your boss has been claiming back 80%(approx) of your pay through the job retention scheme (furlough) did you receive 80% of your average pay (or comparable prior year period) processed correctly i.e. all PAYE / nic deductions to arrive at your net figure. Do your pay slips reflect this 20% reduction? Or did he top up the difference? (Unlikely from the sounds of it)
Either way, he has committed fraud by having you work whilst furloughed. You could have been relaxing at home since May, you must be furious! You should report him (anonymously) to HMRC. www.gov.uk/government/organisations/hm-revenue-customs/contact/report-fraud-to-hmrc

What did the cash in hand relate to? Was he just giving you extra money out of the kindness of his heart? Or is this for hours worked? How do you know if this was gross or net? He (I'm guessing unlikely) might have made the proper deductions and remitted the taxes to HMRC prior to handing it to you. If he hasn't you should again report him to HMRC.
You will be losing out on NIC contributions / pension etc if he's avoiding payroll.
He sounds like a scumbag. Don't lose sleep over the cash payments. You are not the criminal here.

Mumm111 · 12/06/2021 21:53

The cash in had was for the hours work that I didn't get through furlough. Last month I was off for around 5 days with my daughter being in hospital and he didn't give me any extra money that month I only got the what I know now Is the 80% furlough pay but now I think about it I definitelyshouls have had more money than that I was only off 5 days that doesn't make up the £200 extra I should have got. He said while I have been off with having to isolate I will have to put them through as holiday pay and i have holidays booked off soon but will he be able to put through holiday pay if he still has me marked off with furlough? I really want to confront him about this but I'm just so scared I lose my job and I need my job to support my children I'm a single parent so if I lose my job we lose everything. I'm so scared now that I will get done with tax fraud it's all I can think about.

OP posts:
thefirstmrsrochester · 12/06/2021 21:59

Your employer can ‘top up’ furlough payments so you receive full wage but you are absolutely not meant to be ‘working’ for the same employer who has furloughed you. Your boss is the one in the wrong here.

Mumm111 · 12/06/2021 22:47

I just went and double checked my pay slips it says I have worked 0 hours but I have been working my usual hours every month. He even had the cheek to say to me that I will have to work back the days I have off for isolation or I will have to put then through as holiday. It's just so unfair

OP posts:
Gmmllw · 13/06/2021 02:33

Ok. So it sounds like he has payroll'd the JRS 80% claim then paid you cash in hand the remaining 20%. If so, even though he's still a scumbag, your net should be correct. In which case there's zero failure to pay tax on your end OP (no tax fraud for you to worry about)

In answer to your question, yes, furloughed employees continue to accrue holiday entitlement in exactly the same way as normal.
Holiday pay, whether the employee is on furlough or not, is calculated the same way.
If the holiday pay you should be getting is higher than the pay received while on furlough (e.g 80% for example), the employer must pay the difference (top up to 100%). Taking holiday does not break the furlough period.

HOWEVER - and I wouldn't normally say this - if your boss will be fraudulently claiming you as furloughed whether you are on "holiday" or illegally working - what skin is it off his nose to let you just keep your holidays?! The audacity of this man!

The lesson here OP is to always always check your pay slips.

If you are self isolating because you are personally sick, the normal SSP rules apply. And you can apply for the self isolation grant. Or you could use your holidays and be paid in full
If it was to care for a child then this time is unpaid, you won't get SSP but can apply for the self isolation grant. Or you could use your holidays and be paid in full.

As you know, you can't claim the grant if you're on furlough.
So your employer is doubly shafting you here - you would have been able to claim the grant AND not waste your holidays if he didn't illegally have you furloughed.

At the end of the day it's your choice how ballsy your are about this. If you don't care about it being all above board (yes I know two wrongs don't make a right) I personally would be fighting back saying how dare he illegally furlough me and then have the nerve to make me use my holidays.

HelpMeh · 13/06/2021 02:38

What did you think you were getting cash in hand for though?? Confused

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