Advice needed on pay entitlement - can employer just stop pay in current circumstances

Molly56

sharpe106 said:

You need to be given notice to take leave so they can during the notice period if they give you notice, most companies will do that especially if they do not need you.

Does that notice have to be written or can it be verbal? 

Am guessing it is the employer that expressly has to give notice that leave has to be taken in notice period and that if he doesn’t then leave will be regarded as untaken at end of employment. 

I think that we also may have had leave pencilled in during June when furloughed but clearly didn’t take this as we cancelled holiday when Covid kicked off and prior to lockdown as risk of being stranded abroad too great due to nature of his job (sole employee) and employer was fully aware of this. Had pencilled in a short five day break in this country as alternative but not taken due to lockdown. Can’t remember if we verbally cancelled these dates with employer or not (probably did but was definitely not in writing) , could he argue that leave had been taken when it was not. 

Jeremy535897

See my previous post. Notice to take holiday should really be given in writing, although regulation 15 of the Working Time Regulations 1998 does not specifically say so. Employers usually accept that they are obliged to pay 100% of pre furlough wages for holidays, so if you weren't paid 100% for the periods you mention, they probably didn't count them as holiday.

Molly56

Having read answers and checked advice on main website I reach the conclusion that no annual leave was taken during furlough period to date as only 80% received for any given week......also is in our best interests not to mention annual leave in notice period until employer does (if he does) and to request notice given in writing with required notice period as stated; if he doesn’t then leave will be classed as untaken and full holiday pay claimed. 

Don’t think employer is really up on the rules unless he is now seeking advice from someone who knows and someone is directing his actions from here on. 

Molly56

Can an employer continue to claim furlough pay for an employee that they have given notice of redundancy to?
For example if they give notice of redundancy now which results in termination of employment at end of October can the employer claim furlough pay in August, September and October and then make up the difference to cover the 100% full pay as required during the statutory notice period......or having made the decision to make an employee redundant are they not allowed to claim furlough pay. 

smilee2106

My partner has been on furlough and starting to pick up shifts. He's been docked a furlough day for a day he wasn't able to work, is this right? Also, he was advised he would be zero hour on hourly pay in Feb but didn't notice the change to hourly until a recent dispute on his wages. His previous agreement was a set shift rate plus OT if available and was paid this way up until lockdown, even after the notice in Feb. As they didn't change his pay after the notice, can they revert to that now? Are they nt held to same as assuming contract terms if not signed by the employee, if that makes sense.

hb2

Molly56 said:

Can an employer continue to claim furlough pay for an employee that they have given notice of redundancy to?
For example if they give notice of redundancy now which results in termination of employment at end of October can the employer claim furlough pay in August, September and October and then make up the difference to cover the 100% full pay as required during the statutory notice period......or having made the decision to make an employee redundant are they not allowed to claim furlough pay. 

Yes. It would seem to be against the spirit of the furlough scheme but is legal. Employers can use furlough to pay wages* during the notice period but cannot use it to pay the actual redundancy money.

*How much you are paid depends, I think, on your contract and how that was amended for furlough.

hb2

smilee2106 said:

My partner has been on furlough and starting to pick up shifts. He's been docked a furlough day for a day he wasn't able to work, is this right? Also, he was advised he would be zero hour on hourly pay in Feb but didn't notice the change to hourly until a recent dispute on his wages. His previous agreement was a set shift rate plus OT if available and was paid this way up until lockdown, even after the notice in Feb. As they didn't change his pay after the notice, can they revert to that now? Are they nt held to same as assuming contract terms if not signed by the employee, if that makes sense.

You would be better starting your own thread as your query is quite different from the current situation of the original poster.

Molly56

hb2 said:

Molly56 said:

Can an employer continue to claim furlough pay for an employee that they have given notice of redundancy to?
For example if they give notice of redundancy now which results in termination of employment at end of October can the employer claim furlough pay in August, September and October and then make up the difference to cover the 100% full pay as required during the statutory notice period......or having made the decision to make an employee redundant are they not allowed to claim furlough pay. 

Yes. It would seem to be against the spirit of the furlough scheme but is legal. Employers can use furlough to pay wages* during the notice period but cannot use it to pay the actual redundancy money.

*How much you are paid depends, I think, on your contract and how that was amended for furlough.

No formal written contract to speak of.....just a one page letter of introduction to the company received on starting day 15 years ago. ....just outlined basic hours and basic pay from memory. 

I still assume that employer has to top any furlough pay up to 100% full pay for duration of statutory notice pay which in this case will be 12 weeks......the amount the employer needs to contribute will therefore vary from 20% in August to 30% in September to 40% in October. 

Is my reasoning here correct?
Also if any period is deemed to be annual leave then that is 100% normal full pay so if employer expressly requests it to be taken that will also affect his contribution. 

Should hopefully know more later as employer is collecting the coach today so no coach = no means of working for a coach driver!.....just trying to get all scenarios prepared for. 

GDB2222

"employer is collecting the coach today so no coach = no means of working for a coach driver!"
Is that only true if the coach is sold? The employer is perfectly entitled to store it somewhere else until needed.   And, in any case, it's possible to hire a coach, you've said.

Molly56

GDB2222 said:

"employer is collecting the coach today so no coach = no means of working for a coach driver!"
Is that only true if the coach is sold? The employer is perfectly entitled to store it somewhere else until needed.   And, in any case, it's possible to hire a coach, you've said.

What you say is partly true, the employer may of course choose where he stores it. However the London Borough where he lives prohibits overnight parking of coaches and any coach parking yards cost much more than he would be willing to pay.....in fact for years he has got away with no parking charges as no restrictions here where we live. 

As for the practicalities of hiring a coach these are complex....my husband would have to collect and return it....the type of vehicle is probably not available local to us....the commute to London where most of the work is would not be worth it....once coach hire is paid for (and wages) there would be no profit in the job....there still remains the issue of payment of wages under existing ‘terms of employment’ whilst no work on books....in short this is not a viable business model
Hopefully the first line of your reply will be the result.