Is my employer allowed to deduct my annual leave whilst on furlough?

kerry93

I’ve been told to go on furlough due to childcare issues and I have accepted this. However I have been told I need to sacrifice 5days from my annual leave entitlement because, rather than 80% salary for the next 8 weeks, I will get 100% for the first 4weeks and then 90% for the next 4 weeks. Again, I agree this is fair. My question is this. I have annual leave booked for whilst I’m on furlough and my employer is refusing to cancel it. They have said that any annual leave booked during this time will be lost and, if I run out of annual leave when I return but want to have time off I will need to take this as unpaid. I don’t think this is right as I understand there are new government laws that allow employees to carry over any unused holiday over to next 2 years. My employer just keeps telling me to be grateful I’m getting anything and that it’s a small price to pay. HELP!

Illusionary

Third-party commentary here (link) supports your employer being able to do this, I'm afraid, though you should be paid at 100% for that pre-booked holiday.

Where employees have pre-existing holiday booked and are on furlough, they can be required to be take such holiday during furlough.

Although unclear, holiday taken during furlough is likely to be payable at 100% of basic salary, rather than the 80% government grant. 

7Phil

I'm amazed that the employer will refuse to refund pre-agreed holiday hours. What cheek.

williamstewart

I was 5 days into my 6 day week when furloughed a couple of weeks ago.  After I would have finished my day 6, I was going to take 2 and a half weeks holiday that were already booked last year.  Was told as I was being furloughed / laid off, the holidays would go "back into the pot" rather than being paid for them..

unforeseen

Each employer can do it whichever way they want providing its within the rules

kerry93

7Phil said:

I'm amazed that the employer will refuse to refund pre-agreed holiday hours. What cheek.

I know, it doesn’t seem fair! I’m going to return back to work with hardly any annual leave 😞