manicpb:
Winseer:
The legal way around “not paying me furlough” then - would be to put me back to work, minimum 20% of the hours I used to be doing - and they’d be turning a profit on that then, with or without furlough money paid to myself. I want any such offers in writing though…
The legal way around “not paying you furlough” is to not pay you furlough. Although it’s a bit [zb] of them they have no legal responsibility to pay you anything other than shifts worked, seeing as you’ve worked no shifts they need not pay you anything. I doubt they will claim furlough money if they don’t intend paying it as I reckon that would almost definitely be a prison sentence if proved to be intentional!
Likewise holiday pay. You can request your holiday pay (although notice as per contract must be given, which is probably best getting in writing) or hand in your notice and get your holiday pay in your final pay packet.
What I’ve been getting at here is that a firm had to make a decision to claim for all the staff on book or none of them.
How can you furlough some staff and not others otherwise?
There’s also the creative accounting possibility under sub-heading “moral hazard” where one agency with two or more offices that supplies a client with two or more depots…
You get the drivers of one side furloughed, and then back at work after only a single week off on the other side…
The ones displaced at the otherside - will then be the ones like Yours Truly who “ain’t very popular” and hence are too low on the pecking order to get any work, ongoingly…
After a while, those receiving no work will eventually take the hint, resign, and move on - meaning that a full furlough claim made by the entire company rather than site-by-site (third party, remember!) is then not upset by this pesky need for a furlough 80% government grant to “not be laying anyone off, or sacking people for no reason”.
Pressure is to lose staff by natural wastage only.
I’d consisder it extremely unlikely that no firms anywhere will claim furlough 80% grants for staff ANY staff - that have since left before that money got down to them…
The difference? - Goes straight into wider company’s pocket, of course…
These rules with regards to “zero hours contract agency workers on PAYE” - are left wide-open to agencies managing their book talent between “good agency” and “bad agency”.
The good agency - qualifies for the furlough grant, but then the bods involved initially getting that money are then put back to work after only a single week off… 80% of your money is then “quite satisfactory” albeit you are working 2-4 shifts per week, which may well be 80% of what you used to do. No free money for you, but you’re not complaining, because you know others got bugger all furlough money AND bugger all shifts!
The bad agency - ends up with all the drivers that “won’t be missed”, and because no grant was applied for on that side of the business - no fraud has been committed.
If there’s only one or two staff that turns out “won’t be missed”, then those particular staff may have grounds for bringing a tribunal or acas case, especially if they were constructively dismissed, “shadow Dismissed”, or merely “let go” without mentioning the reason why to the exchequer when asked the awkward questions that should already be in the past by this point… A calculated risk?
Not really. Businessmen going bankrupt only to bounce back and re-emerge as millionaires (like Trump for instance…) are well-versed in the totally legal trait of “dumping your personal losses into someone else’s pocket”, ideally someone who isn’t around anymore to object, or is out-of-reach of any proverbial merchant of Venice after their “Pound of Flesh”…
As I said “Creative Accounting”. Perfectly legal, just questionably immoral and out-of-the-spirit of what the furlough payments where actually meant for in the first place, which was to stop previously working people from “dropping out” of the tax club altogether.
It seems absurd to me that a company can split it’s books like this.
Stobarts do it with regards to their financing…
Supermarkets do it with regards to their “waste” liabilities…
There’s simply too many things that medium to large firms can do to escape taxes or increase their profits at taxpayer expense.
When this coronavirus thing has ended - there will be a reckoning, should the government then decide to tax firms with a net value of over £1m AFTER the economy has taken it’s share of damage.
If the government foolishly decides to tax Joe PAYE Public instead? Then the notion that Boris Johnson has moved left of Keir Starmer - would be TRUE - wouldn’t it?
We didn’t vote Labour because of the threat of higher taxes. - for ANY reason. Even Corbyn’s “Universal Income” - wasn’t a good enough justification to “Pay a little more in taxes” as we found out at the last election… 