Is this allowed? - Furlough question??
Is this allowed? - Furlough question??
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Discussion

Thankyou4calling

Original Poster:

10,971 posts

202 months

Tuesday 11th August 2020
quotequote all
A number of my colleagues are from Poland, Rumania, Spain etc. They’ve been furloughed since March.

As soon as done they upped sticks back to wherever.

Still claiming and being paid furlough even though outside the country.

Living the dream in a sense.

They’ll return if and when asked in November.

Is this allowed? Is it a case of blame the system not the person or is it fraud?

The organisation have never commented on any requirement to be in the UK.

Trophy Husband

3,924 posts

136 months

Tuesday 11th August 2020
quotequote all
I'm sure they are paying taxes whilst in the UK?

Don't see a problem with it myself.

craigjm

21,452 posts

229 months

Tuesday 11th August 2020
quotequote all
It’s no different to you deciding to go on an extended holiday somewhere. A furloughed employee is still employed and therefore entitled to the payments under the scheme. What they decide to do in terms of where they stay during that furlough is purely a matter for them. Where it becomes an issue is when you work for the employer whilst claiming furlough. You can work for another employer though so they could go back to Romania and work on a farm or whatever.

t400ble

1,804 posts

150 months

Tuesday 11th August 2020
quotequote all
You answer your own question

The organisation have never commented on any requirement to be in the UK

GreatGranny

9,519 posts

255 months

Tuesday 11th August 2020
quotequote all
OP, would you be asking the same question if furloughed British colleagues were abroad on holiday?


anonymous-user

83 months

Tuesday 11th August 2020
quotequote all
GreatGranny said:
OP, would you be asking the same question if furloughed British colleagues were abroad on holiday?
As a very ph posted a few months back,

revvingit

444 posts

109 months

Tuesday 11th August 2020
quotequote all
They're fully entitled to do it.

It's one of the many pitfalls of creating a system that just hands out money to everybody to massage the unemployment figures, rather than actually increasing unemployment benefits in line with what furlough offers and allowing the natural economic shock to play out as it would normally.

If I remember rightly the benefits system, which you'd normally use for unemployed people has protections against being abroad while on it.

mcflurry

9,189 posts

282 months

Tuesday 11th August 2020
quotequote all
GreatGranny said:
OP, would you be asking the same question if furloughed British colleagues were abroad on holiday?
A friend of mine was furloughed in Spain.
AFAIK, and based on a sample size of one, her conditions were that you couldn't leave the country, and when it was time to return they could give 24 hours notice. If you didn't turn up you were considered to have given your notice, unless you had good reason (such as being in hospital)

NGee

2,935 posts

193 months

Tuesday 11th August 2020
quotequote all
craigjm said:
It’s no different to you deciding to go on an extended holiday somewhere. A furloughed employee is still employed and therefore entitled to the payments under the scheme. What they decide to do in terms of where they stay during that furlough is purely a matter for them. Where it becomes an issue is when you work for the employer whilst claiming furlough. You can work for another employer though so they could go back to Romania and work on a farm or whatever.
So farmer A employs 10 FarmA workers and puts them on the furlough scheme whilst farmer B employs 10 FarmB workers also on the furlough scheme. FarmA workers (now called agricultural assistants) then go to work for farmer B whilst FarmB workers (now called agricultural assistants) go and work for farmer A.

Yep, that all makes sense. Another example of the lunacy and chaos caused when laws are rushed through without proper scrutiny.

Buzz84

1,700 posts

178 months

Tuesday 11th August 2020
quotequote all
Depends on the contract and agreement in place.

I couldnhave had my furlough ended at any time and was expected to be in the next day if they decided.
I know others that were 48hours notice.

If they could satisfy these requirements or whatever the company rules say then fine.

PrinceRupert

11,631 posts

114 months

Tuesday 11th August 2020
quotequote all
There may be tax residency issues depending on how long they are out of the country. My work has asked those who were out of the country at the start of lockdown (working from home not furloughed) to return to the UK to work from home for tax reasons.

Alucidnation

16,810 posts

199 months

Tuesday 11th August 2020
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Why wouldn't it be allowed?

Great troll thread OP.

andburg

8,732 posts

198 months

Tuesday 11th August 2020
quotequote all
I think depends on the nature of the work and the agreement between the employer and employee. Its all very fluffy and will vary by role/employer.

Furlough can be terminated without any legal minimum period and the employee should be in a position they can return to work hence if you go on holiday and dont want calling back in, you should still be taking leave. If like in my case, the employer has told furloughed staff they will get 24 hours notice, the employee should ensure they can do this.

If the company calls the worker back from furlough and they get back in the agreed timescale there should be no employment issue, unless the employee should be subject to quarantine rules. If coming back to the UK to work from a county where quarantine should be enforced, the employee would have to decide whether they try go back to work and ignore quarantine but if the employer knows about their travel i would expect them to refuse.

From that point on its probably quite messy and employee could potentially find themselves in a rather sticky situation.

if you're not in this scenarios I'd not worry about it.

Camelot1971

2,851 posts

195 months

Tuesday 11th August 2020
quotequote all
My employer hasn't furloughed anyone but has now made it clear that while you work from home you need to be in the UK to be paid - working from "home" outside the UK is no longer allowed due to a multitude of legal and tax issues if you were to do so.

roadsmash

2,667 posts

99 months

Tuesday 11th August 2020
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jester

Jasandjules

72,588 posts

258 months

Tuesday 11th August 2020
quotequote all
It matters not where they reside or are located for the purposes of Furlough, after all the concept is that they can not undertake work for the employer at that time.

IJWS15

2,213 posts

114 months

Tuesday 11th August 2020
quotequote all
We (UK Based company) have a guy who is working from home - in Portugal.

He remains employed, and paid, in the UK.

bigandclever

14,356 posts

267 months

Tuesday 11th August 2020
quotequote all
IJWS15 said:
We (UK Based company) have a guy who is working from home - in Portugal.

He remains employed, and paid, in the UK.
He’s not furloughed then.

limpsfield

6,666 posts

282 months

Tuesday 11th August 2020
quotequote all
I don't see the issue here. If I had been furloughed it would be great to spend some time away, corona and employer permitting.

This sounds like one for the ever-popular PH curtain-twitching forum, to break up the "is my neighbour's white Audi on PCP, the peasant?" threads

Muzzer79

13,072 posts

216 months

Tuesday 11th August 2020
quotequote all
What's the problem with them going back home?

Our furlough scheme stipulated you had to be ready to return with 24 hours notice.

If yours doesn't have that or, if it does, if they can get home in that time, it makes no difference.

There's no fraud and no problem with the system. There's no work, so they're temporarily furloughed - what they do during that time is irrelevant.