Furlough pay... Help needed

[Pandy]

Need advice please. My holiday entitlement includes the bank holidays as paid holiday, so while I was furloughed there were four bank holidays, my payslip said I received furlough money the whole time. Am I owed four days holiday with pay or just four days in lieu? My boss is saying I have been paid but in my eyes he hasn't made a payment to me and will be claiming that furlough money back off the government!.... I'm confused.

[Long slender neck]

I dont see why you would be owed anything.

[StillSpike]

This link's useful

https://www.gov.uk/guidance/holiday-ent ... s-covid-19

"The bank holiday is taken as annual leave
If the employer and the worker agree that the bank holiday can be taken as annual leave while on furlough, the employer must pay the correct holiday pay for the worker. Employers may also require workers to take the bank holiday as annual leave with the correct notice periods.

The bank holiday is deferred
If the employer and the worker agree that the bank holiday will not be taken as annual leave at that time, the worker must still receive the day of annual leave that they would have received. This holiday can be deferred till a later date, but the worker should still receive their full holiday entitlement.

"

Is your employer topping up your salary to the usual level, or just paying you the 80% and no more?

[RientO]

From what I understand of the Working Time Regulations 1998 employers can compel employees to take holiday. They just need to give appropriate notice. In theory, the employer could force an employee to take all of their leave whilst on furlough.

https://www.personneltoday.com/hr/annua ... ronavirus/

[HeyO]

Sue the b*stards.

[Pandy]

This link's useful

https://www.gov.uk/guidance/holiday-ent ... s-covid-19

"The bank holiday is taken as annual leave
If the employer and the worker agree that the bank holiday can be taken as annual leave while on furlough, the employer must pay the correct holiday pay for the worker. Employers may also require workers to take the bank holiday as annual leave with the correct notice periods.

The bank holiday is deferred
If the employer and the worker agree that the bank holiday will not be taken as annual leave at that time, the worker must still receive the day of annual leave that they would have received. This holiday can be deferred till a later date, but the worker should still receive their full holiday entitlement.

"

Is your employer topping up your salary to the usual level, or just paying you the 80% and no more?

Our money wasn't topped up, neither in a bank holiday week did my payslip read,4 days furlough and one bank holiday.

[StillSpike]

So your employer can insist that you took the bank holiday as holiday, but if they do so they must pay you that at your full rate of pay if they're going to treat it as part of your holiday. (they can still claim back the 80% of that days holiday from HMRC). So at the very least, your payslip should have shown extra pay for your holiday day equivalent to 20% of your usual daily pay.

[StillSpike]

"If a worker on furlough takes annual leave, an employer must calculate and pay the correct holiday pay in accordance with current legislation - see the standard guidance. Where this calculated rate is above the pay the worker receives while on furlough, the employer must pay the difference. However, as taking holiday does not break the furlough period, the employer can continue to claim the 80% grant from the government to cover most of the cost of holiday pay."

[Pandy]

So your employer can insist that you took the bank holiday as holiday, but if they do so they must pay you that at your full rate of pay if they're going to treat it as part of your holiday. (they can still claim back the 80% of that days holiday from HMRC). So at the very least, your payslip should have shown extra pay for your holiday day equivalent to 20% of your usual daily pay.

We have sixty workers who were furloughed over the last four bank holidays, and your saying they can claim that money back when they haven't paid it?

[StillSpike]

Let's say that your normal pay for a day's work is £100. If you're on furlough, your employer pays you £80 for that day, and can claim back all £80 from the Government (so you're costing them nothing while you're on furlough if they choose not to top you up to the £100 - which some employers are doing, but not all).

IF you're classed as being "on holiday" for one of those days during furlough (say on the bank holiday), then the employer must pay you £100 for that day but they can still claim the £80 from HMRC.

[StillSpike]

Upshot is that the employer can claim that all 60 of you have "taken" 4 days of your annual holiday during the furlough period, but they must pay all 60 of you the difference between your furlough pay and your full pay for each of those 4 days, if they haven't already done so.

[StillSpike]

Your union should be telling you this, btw

[Pandy]

Thanks for help.

[Mick McQuaid]

I dont see why you would be owed anything.

Rare occasion I agree with PW.

[Long slender neck]

Perhaps you are owed the extra 20% for the bank holidays?

[Pandy]

I'm glad your all happy to be paying for peoples holidays while the millionaire owners claim it back.

[Long slender neck]

Would you prefer mass job losses?

[tuffers#1]

Contact citizens advice
They will let you know exactly
What you are owed & its free legal advice.

[Pandy]

Would you prefer mass job losses?

Trust me my boss is laughing all the way to the bank, we are not a piddly little company.

[o-no]

I'm glad your all happy to be paying for peoples holidays while the millionaire owners claim it back.

What an odd comment. You come here asking for advice, and then finish it off with that.

[Pandy]

I'm glad your all happy to be paying for peoples holidays while the millionaire owners claim it back.

What an odd comment. You come here asking for advice, and then finish it off with that.

Jesus Christ, I was referring to the unhelpful comments,