Furlough, backdating, holiday pay

Romanov55

Nothing clarified either way

Jeremy535897

Unfortunately all of this is at the discretion of the employer, so if you can't persuade them, you have to decide whether to live with it or go through the process of challenge, first with the employer then ACAS.

Romanov55

Jeremy535897 said:

Unfortunately all of this is at the discretion of the employer, so if you can't persuade them, you have to decide whether to live with it or go through the process of challenge, first with the employer then ACAS.

Thanks for the reply. Do you have a source for that?

Jeremy535897

From latest guidance to employees:

"Check if you’re eligible

Your employer is responsible for claiming through the Job Retention Scheme on your behalf and for paying you what you are entitled to. You cannot apply for the scheme yourself.

Both you and your employer must agree to put you on furlough - so speak to your employer about whether they can claim. Once agreed your employer must confirm in writing that you have been furloughed to be eligible to claim. Contact your employer if you do not receive confirmation.

If you are concerned that your employer has claimed on your behalf but is not paying you what you are entitled to as described in this guidance you should raise this with your employer in the first instance, then with the Advisory, Conciliation and Arbitration Service (ACAS)."

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

Romanov55

Thanks, but as I've said that gives no clarity on holiday pay in lieu of annual leave, no mention of discretion etc. The only advice is that bonuses, commission and fees are to be deducted.

Holiday pay in lieu is part of our contracts, is paid to everyone based on their basic pay, and is intended to be put aside by the employee to allow them time off without losing pay. By not paying it the employer is effectively reducing the pay of those on furlough by 30% rather than 20%.

Jeremy535897

If compulsory commission and overtime are included, it is common sense to include an uplift to recognise that you don't get paid holidays. As they don't have to furlough you at all, though, I can only suggest that you ask them to confirm it one way or the other with HMRC, if what is worrying them is that they won't get it back.