Who’s at work/Not at work? (1 Viewer)

  • Thread starter westcountry_skyblue
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westcountry_skyblue

Guest
Just been told my employer is refusing to pay me and colleagues this Friday,We get paid hourly and weekly if we don’t agree to being furloughed.
Can they do this or are they breaking the law?
 

joemercersaces

Well-Known Member
Work supporting victims of serious sexual violence so we need to still be available, but arranging it between ourselves so that just one of us in the office each day, and we’ll go in as and when we have to.

Amazing really the diversity of backgrounds and lives of SBT regulars. Usually we perhaps just have a love of our football club in common, the current crisis shows we have much more than that. Stay safe everyone.
 

torchomatic

Well-Known Member
Got sent home last Tuesday lunchtime and been working at home for the last week. Received my letter/text from the NHS telling me to stay in for twelve weeks, which is a bit of a bugger, but what can I do? Work (local authority) have been great and the CE said yesterday we would all continue to be paid in full, so can't complain.

Did have got to Heartlands in Birmingham this morning for a blood test. It was a bit weird. The journey was really quiet through Kenilworth and the A45 was really quiet too; it was almost like a Sunday or Bank Holiday. People only being allowed in the hospital if there was a good enough reason.

Wife working at home too, so we are in different rooms. Lad upstairs in his bedroom doing his school work, which I'm surprised at, I thought he would be a nightmare. Still, we're only two and a half days in, I suppose.
 

Terry Gibson's perm

Well-Known Member
Been in as normal in fact we have been working extended hours, I work for UPS and we have been told that whatever happens we must remain open as we deliver medical supplies, my wife works as a nurse so no working from home for either of us.
 

Ring Of Steel

Well-Known Member
At work, just compiled a dossier for the bosses on all the govt assistance packages, the benefits & issues plus practical steps employers should take, I'm a bit of a guru on all that stuff now when I would rather be watching The Mandalorian at home.

You can see why people (at this stage anyway) are wary of the furlough scheme and choosing to lay people off.

But this is not a knock on the govt, would usually take 12 mths to roll out legislation like this, they're trying to do it in 3 weeks.
 
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westcountry_skyblue

Guest
At work, just compiled a dossier for the bosses on all the govt assistance packages, the benefits & issues plus practical steps employers should take, I'm a bit of a guru on all that stuff now when I would rather be watching The Mandalorian at home.

You can see why people (at this stage anyway) are wary of the furlough scheme and choosing to lay people off.

But this is not a knock on the govt, would usually take 12 mths to roll out legislation like this, they're trying to do it in 3 weeks.
Any advice on my post earlier? Thanks in advance
 

shepardo01

Well-Known Member
Teacher - was in Monday (school staff working on a rota basis)
Was expecting 45-50 students in.
12 turned up (although a few parents tried to send their kids in - eg a "sandwich artist" claimed being a key worker!)
Every person on site had temp taken and was assessed by Med staff. (Gloved and masked up)
Students had to observe strict social distancing protocols throughout day, same work-space/equipment etc - very well done by school - hoping all schools doing similar... but doubt it! Partners school apparently letting students play board games... not sure about that - same dice/pieces etc...
On tuesday only ONE turned up!
School was also still having to provide free school meals to all on list whether in or not... a LOT were wasted.
Been "working from home" answering emails etc. Sending work out.
Usually clock up approximately 12k steps on a work day.... did 3k yesterday!!
Got very young kids at home- 2 and 4... 4yr old wondering why he can't do swimming lessons and go to playground bless him.
Also had to stop in laws coming into house on Sunday.... they are really active/don't watch news and had been to a family party on the Friday... was upsetting for me as physically had to stop kids from running to cuddle them...
Think they are getting the situation now though...
Difficult for me as used to routine of work and being active...
 

shmmeee

Well-Known Member
Work supporting victims of serious sexual violence so we need to still be available, but arranging it between ourselves so that just one of us in the office each day, and we’ll go in as and when we have to.

Amazing really the diversity of backgrounds and lives of SBT regulars. Usually we perhaps just have a love of our football club in common, the current crisis shows we have much more than that. Stay safe everyone.

Really glad you’re still working mate. Very concerned about services for the vulnerable.

Teacher - was in Monday (school staff working on a rota basis)
Was expecting 45-50 students in.
12 turned up (although a few parents tried to send their kids in - eg a "sandwich artist" claimed being a key worker!)
Every person on site had temp taken and was assessed by Med staff. (Gloved and masked up)
Students had to observe strict social distancing protocols throughout day, same work-space/equipment etc - very well done by school - hoping all schools doing similar... but doubt it! Partners school apparently letting students play board games... not sure about that - same dice/pieces etc...
On tuesday only ONE turned up!
School was also still having to provide free school meals to all on list whether in or not... a LOT were wasted.
Been "working from home" answering emails etc. Sending work out.
Usually clock up approximately 12k steps on a work day.... did 3k yesterday!!
Got very young kids at home- 2 and 4... 4yr old wondering why he can't do swimming lessons and go to playground bless him.
Also had to stop in laws coming into house on Sunday.... they are really active/don't watch news and had been to a family party on the Friday... was upsetting for me as physically had to stop kids from running to cuddle them...
Think they are getting the situation now though...
Difficult for me as used to routine of work and being active...

I piled on weight when I stopped teaching. As you say lost about 10k steps a day in one fell swoop.
 

fernandopartridge

Well-Known Member
Teacher - was in Monday (school staff working on a rota basis)
Was expecting 45-50 students in.
12 turned up (although a few parents tried to send their kids in - eg a "sandwich artist" claimed being a key worker!)
Every person on site had temp taken and was assessed by Med staff. (Gloved and masked up)
Students had to observe strict social distancing protocols throughout day, same work-space/equipment etc - very well done by school - hoping all schools doing similar... but doubt it! Partners school apparently letting students play board games... not sure about that - same dice/pieces etc...
On tuesday only ONE turned up!
School was also still having to provide free school meals to all on list whether in or not... a LOT were wasted.
Been "working from home" answering emails etc. Sending work out.
Usually clock up approximately 12k steps on a work day.... did 3k yesterday!!
Got very young kids at home- 2 and 4... 4yr old wondering why he can't do swimming lessons and go to playground bless him.
Also had to stop in laws coming into house on Sunday.... they are really active/don't watch news and had been to a family party on the Friday... was upsetting for me as physically had to stop kids from running to cuddle them...
Think they are getting the situation now though...
Difficult for me as used to routine of work and being active...

Did they really call themselves a "sandwich artist"?
 

Ring Of Steel

Well-Known Member
Thanks for all your replies lads and lasses,
I work for an Engineering company and have been off since yesterday.
Our owner is trying every loophole to get us back in.
Telling us to go furlough,So he doesn’t have to pay us the extra 20% to make our money up.
So basically trying to rewrite our contracts by email.
Any help would be grateful as to where I stand?
In my contract if he terminated it I’m entitled to 12 weeks severance.
Any help apreciated,As there is nothing in my contract about lay off etc. PUSB STAY SAFE
#Skybluefamily

ok- so whatever else is going on, I am pretty sure employment law still stands. Nobody can change your contractual terms like that by email or any other means, whatever they choose to do must comply with employment law and abide by what is in your contract. However- how can he tell you to go furlough? You wouldn't just decide to do that yourself, he has to do it.
 

Ring Of Steel

Well-Known Member
Just been told my employer is refusing to pay me and colleagues this Friday,We get paid hourly and weekly if we don’t agree to being furloughed.
Can they do this or are they breaking the law?

If they want to put you on furlough with no pay, they cannot do that- you must agree

Can we force employees to accept a period of furlough leave?
This will depend on whether you intend to pay them in full or not.

With some limited exceptions there is no general implied term requiring an employer to provide work, provided it continues to pay the employee's salary. Therefore, it is unlikely to be a breach of contract to place an employee on furlough leave (without their express agreement) provided you pay them their full pay, and deal with the matter appropriately, proportionately and sensitively.

If you intend to pay less than full pay during furlough leave (typically the 80% element from the government), then express agreement will almost certainly be required. Most UK employment contracts are unlikely to have provisions allowing the employer to force the employee to take a period of furlough leave. Therefore, placing an employee on furlough leave will involve a temporary change of contract. Employers should make sure any process followed is fair and involves consultation with employees; furlough leave should not be unilaterally imposed without consent. In seeking to agree a temporary variation to the contract to place an employee on furlough leave, the following key points are relevant:

  • Generally, where a variation of contract is expressly agreed by the employer and the employee, it will be enforceable if the employee's consent was not obtained by duress.
  • In workplaces were a trade union is recognised for collective bargaining purposes, the trade union should be consulted with about the proposed furlough leave.
  • In these extreme circumstances, employees (and any trade unions) are likely to agree to a period of furlough leave because the alternative is likely redundancies.
  • If more than 20+ employees are involved, and a dismissal and re-engagement process might be followed if voluntary consent to the change is not forthcoming (to force the change through without agreement), then the employer will have a duty to inform and consult appropriate representatives (which may require an election to select representatives). Please note that shorter consultation than the usual 30 or 45 days may be permissible. We advise you to take legal advice in respect of this.
  • To minimise the risk of potential claims, the employer should act in a manner that would be expected of a reasonable employer. This could include having a business reason for making the change, following a fair procedure (including one-to-one meetings with employees) and acting reasonably in treating the employee's refusal to sign as a reason for dismissal. Given the unusual circumstances we are dealing with, we again suggest you take legal advice in respect of this process.
 
Last edited:

MalcSB

Well-Known Member
In short the system isn't set up yet. But it looks like your employer keeps paying you but designates you furloughed so you don't actually work. Reading it sounds like you get all your salary but the employer can claim 80% from the government but I might be misunderstanding that.

Edit: to answer my own question apparently 'Your employer could choose to fund the differences between this payment and your salary, but does not have to'.
Is it taxable?
 

Johnnythespider

Well-Known Member
Just been told my employer is refusing to pay me and colleagues this Friday,We get paid hourly and weekly if we don’t agree to being furloughed.
Can they do this or are they breaking the law?
I have been furloughed also, i think if your employer can prove this action will save your job for when this situation resolves itself they are within their rights, also if they can't guarantee that the 2 meter distancing will be maintained between you and your colleagues while working, so long as they can prove they are trying to solve that problem. Where i work all production has stopped with a small team retained to carry out rework and work on the distancing issue, i don't think they will be able to achieve this for safety reasons on some of the process.
 

Sky Blue Pete

Well-Known Member
Work supporting victims of serious sexual violence so we need to still be available, but arranging it between ourselves so that just one of us in the office each day, and we’ll go in as and when we have to.

Amazing really the diversity of backgrounds and lives of SBT regulars. Usually we perhaps just have a love of our football club in common, the current crisis shows we have much more than that. Stay safe everyone.
Wow good for you
 

Astute

Well-Known Member
Crikey, September is months away. Hope you have enough to keep you occupied & you probably speak as often as you can on Skype, facetime or whatever
Speak for hours some days as sometimes she struggles with the thought of not seeing me for so long. I am always busy....But less since the last week or so. First time I have been slim for a fair few years. Only 16 and half stone now. Can see that changing.
 

Terry Gibson's perm

Well-Known Member
Teacher - was in Monday (school staff working on a rota basis)
Was expecting 45-50 students in.
12 turned up (although a few parents tried to send their kids in - eg a "sandwich artist" claimed being a key worker!)
Every person on site had temp taken and was assessed by Med staff. (Gloved and masked up)
Students had to observe strict social distancing protocols throughout day, same work-space/equipment etc - very well done by school - hoping all schools doing similar... but doubt it! Partners school apparently letting students play board games... not sure about that - same dice/pieces etc...
On tuesday only ONE turned up!
School was also still having to provide free school meals to all on list whether in or not... a LOT were wasted.
Been "working from home" answering emails etc. Sending work out.
Usually clock up approximately 12k steps on a work day.... did 3k yesterday!!
Got very young kids at home- 2 and 4... 4yr old wondering why he can't do swimming lessons and go to playground bless him.
Also had to stop in laws coming into house on Sunday.... they are really active/don't watch news and had been to a family party on the Friday... was upsetting for me as physically had to stop kids from running to cuddle them...
Think they are getting the situation now though...
Difficult for me as used to routine of work and being active...


My parents hadn’t changed both in their sixties and the other day said the garden centre was busy today so I said how the fuck do you know?

after the lockdown I said I will see you in three weeks and hey said aren’t you coming over Sunday as normal then
 

Mask

Well-Known Member
Anyone else allowing themselves a little dream where when all this is over millions of people start working from home and the roads are quieter and people more involved in their local communities?

This really is my hope. As horrible as the situation is, if something good like this can come from it, I'd feel it was almost justified in a strange way. Roads are clearer, pollution is down, nature is thriving, there's more peace and togetherness... and it's only been a short amount of time. I fear the reality is, once everything is open again, things will go back to how they were pretty quickly (congestion, rude people who don't even acknowledge others, gluttony over health and necessity). Hope I'm wrong about that though.

Oh well. At least we'd have the football back!
 

torchomatic

Well-Known Member
This really is my hope. As horrible as the situation is, if something good like this can come from it, I'd feel it was almost justified in a strange way. Roads are clearer, pollution is down, nature is thriving, there's more peace and togetherness... and it's only been a short amount of time. I fear the reality is, once everything is open again, things will go back to how they were pretty quickly (congestion, rude people who don't even acknowledge others, gluttony over health and necessity). Hope I'm wrong about that though.

Oh well. At least we'd have the football back!

Amen to that. I'd still stab someone in the back for some pasta, tinned tomatoes and hand gel though.
 

clint van damme

Well-Known Member
This really is my hope. As horrible as the situation is, if something good like this can come from it, I'd feel it was almost justified in a strange way. Roads are clearer, pollution is down, nature is thriving, there's more peace and togetherness... and it's only been a short amount of time. I fear the reality is, once everything is open again, things will go back to how they were pretty quickly (congestion, rude people who don't even acknowledge others, gluttony over health and necessity). Hope I'm wrong about that though.

Oh well. At least we'd have the football back!

Just been out for my walk. You the piss a bit was out for nearly two hours, sorry Boris.
But you're right, there is definitely an air of civility about.
 

Paxman II

Well-Known Member
Just been told my employer is refusing to pay me and colleagues this Friday,We get paid hourly and weekly if we don’t agree to being furloughed.
Can they do this or are they breaking the law?

As I understand this:
The 'job retention scheme' allows for your employer to claim the 80% of your gross salary from the government to pay you. They are not obliged to make up the 20% difference. This is an easy application submitted online. Payroll companies can do this for them. ALL employees on the PAYE system qualify whether you work one hour a week or 100 hours a week. If you are in hospitality and your gross wage includes tips added then that is the figure used. Tips are not included if they are not added to your weekly gross. My understanding is an average over the previous 12 weeks wages will be the figure used in the 80% calculation. This will change on April 6th to a 52 week rule (worth noting) Your employer must inform you that you have been furloughed. If the employer makes you redundant, lays you off without pay my understanding is this will be looked out by the authorities in bad light and the employer would be taking a high risk of prosecution. So why would your employer not want to furlough their staff when it does not cost them a penny? The answer it seems is the length of time waiting for the 80% funding to come through and many employers have no cashflow to fund it for up to 6 weeks. However other schemes include cash grants for companies of up to £25k if they are below the 51k rateable value for immediate cash flow crisis. There are other government loan guarantees in place so the banks will extend a loan. VAT has been postponed, business rates cancelled which also helps firms cashflow.
I think it would be helpful if OSB could clarify these rules and implimentations as he will have a far better understanding than most of us.....
 

Paxman II

Well-Known Member
Back to the posters question...
I operate a tour company with 95% clients in the USA. (Golf tours by way of a cruise around the Caribbean)
I have shut down completely. Zero bookings, lots of cancelled bookings and refunds, zero income stream. Compounding that I can't fly to the USA. The cruise lines are all shut down and I have no idea when it will all open up again. It's a crazy situation and we really don't know how long for sadly.
 
W

westcountry_skyblue

Guest
As I understand this:
The 'job retention scheme' allows for your employer to claim the 80% of your gross salary from the government to pay you. They are not obliged to make up the 20% difference. This is an easy application submitted online. Payroll companies can do this for them. ALL employees on the PAYE system qualify whether you work one hour a week or 100 hours a week. If you are in hospitality and your gross wage includes tips added then that is the figure used. Tips are not included if they are not added to your weekly gross. My understanding is an average over the previous 12 weeks wages will be the figure used in the 80% calculation. This will change on April 6th to a 52 week rule (worth noting) Your employer must inform you that you have been furloughed. If the employer makes you redundant, lays you off without pay my understanding is this will be looked out by the authorities in bad light and the employer would be taking a high risk of prosecution. So why would your employer not want to furlough their staff when it does not cost them a penny? The answer it seems is the length of time waiting for the 80% funding to come through and many employers have no cashflow to fund it for up to 6 weeks. However other schemes include cash grants for companies of up to £25k if they are below the 51k rateable value for immediate cash flow crisis. There are other government loan guarantees in place so the banks will extend a loan. VAT has been postponed, business rates cancelled which also helps firms cashflow.
I think it would be helpful if OSB could clarify these rules and implimentations as he will have a far better understanding than most of us.....
Thank you Paxman
 

shepardo01

Well-Known Member
Some good info on here! Top stuff guys who are advising others.
Was thinking of volunteering with the NHS, maybe a supplies driver.
Anybody any thoughts?... would I be putting my family/self at risk... can't find much detail on what is involved....
 

chiefdave

Well-Known Member
My parents hadn’t changed both in their sixties and the other day said the garden centre was busy today so I said how the fuck do you know?

after the lockdown I said I will see you in three weeks and hey said aren’t you coming over Sunday as normal then
Weird isn't it. My Mum, in her seventies, is the first one to say don't do things to me, she was going on 3 weeks ago that I should cancel a weekend in London I had planned.

But then I've just phoned her to say I've got the shopping and will drop it round, leaving it outside, and she announces she doesn't need everything on the list she gave me as she went shopping yesterday! Didn't get a very polite response form me.
 

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