reduced hours and furlough

koops

Hello..My wife has worked for a company for over 20 years and does 15 hours a week. Due to the current situation she and her colleagues agreed to reduced hours (5) to assist the employer through this tough period.This week he has decided to furlough the girls ,and he will now offer 80% of 5 hours and through 'generousity ' he will pay them the 20%(of 5 hours)!!!This cannot be right...what are the legalities involved here?..koops

Galloglass

what are the legalities involved here?

The legalities are written in the contract of employment. If the contractual hours (different from the ones worked) are 15 then the employer has to ask the employee to vary or suffer a claim for breach of contract. 

If there are no contractual hours (e.g zero hours contract) then they can vary payments. 

So you'll need to read the paperwork

pff

Hi Koops, I came on to look for something similar (partner is furloughed but contracted hours are much less than actual hours). I found this in one of the other threads and it was really helpful:

https://www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronavirus-job-retention-scheme

I think that in your wife's case the employer is not doing it properly as it says for employees of over a year the calculation should be based on either the amount you earned in the same month last year or an average of your monthly earnings from the last year. Good luck!

Nat0811

My nephew works a 50 hours a week which was stated in his originally offer letter when he first started his job in March 2019.  He has always worked these hours.  He has recently been put on furlough but his employer has said they will be reducing his furlough hours to 37.5 hours a week.  Can they do this or should he be getting 80% of his 50 hour week. 

sharpe106

He should be getting 80% of his normal working week so 50 hours. Have they said why they are reducing his furlough hours?

Dr_Crypto

Can you act be contracted for a 50hr week? I thought the maximum in the EWTD was 48 on average? 

Dr_Crypto

Can you act be contracted for a 50hr week? I thought the maximum in the EWTD was 48 on average? 

silvercar

koops said:

Hello..My wife has worked for a company for over 20 years and does 15 hours a week. Due to the current situation she and her colleagues agreed to reduced hours (5) to assist the employer through this tough period.This week he has decided to furlough the girls ,and he will now offer 80% of 5 hours and through 'generousity ' he will pay them the 20%(of 5 hours)!!!This cannot be right...what are the legalities involved here?..koops

The employer would have been better furloughing some staff and having others work their normal hours. That way the government would have paid 80% of the salary of those furloughed and he would pay the people still working.
If he furloughs he needs to pass on the 80% of their contracted pay he will receive from the government as a minimum.

Nat0811

sharpe106 said:

He should be getting 80% of his normal working week so 50 hours. Have they said why they are reducing his furlough hours?

Yes they paid him 80% of a 37.5 hour week

sharpe106

What does his contract say with regards to hours? 

Have a play around with the calculator putting his details in and see what it comes up with.

https://www.gov.uk/guidance/work-out-80-of-your-employees-wages-to-claim-through-the-coronavirus-job-retention-scheme