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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 66920
Experience:  Qualified Employment Solicitor
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I am currently furloughed but my employer is expecting me to

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I am currently furloughed but my employer is expecting me to do work for them while I’m on furlough
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No, I work for a very small business and we don’t have an HR department and my direct manager is the director of the business
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employed chartered physiotherapist, so I am a member of the chartered society
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked there for? Please note it is extremely busy at present due to the ongoing situation so there will likely be a delay in replying, but I will get back to you at some point today. Thanks

Customer: replied 17 days ago.
I have been there for 9 months

Many thanks for your patience. According to the furlough scheme’s rules you cannot undertake any work for your employer whilst you are furloughed. This includes providing services or generating any revenue for them. Therefore, if they are asking you to o this they will be in breach of the furlough rules. However that is between them and the Government. If they breach the rules it means they may not be eligible to claim, or have to repay any money they have already received. That does not affect your rights and you are still entitled to eb paid by the employer for the time you were furloughed, which needs to be covered by the employer instead of them claiming a grant over it. You can either point this out to the employer and hope they change their mind and stick to the rules, or you can report them to HMRC -

Does this answer your query?

Customer: replied 16 days ago.
That’s great thanks.

All the best

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