*Quick Help* Mrs been asked to start work after being furloughed (2wks in) but only to be paid 80%??

ggw0403

sliphi said:

ggw0403 said:

Hi
Quick one my Mrs was put on furlough leave for 3 weeks but has been asked to come back to work after 2weeks (starting tomorrow). She has now been told she will be paid 80% for the two weeks by her company but the company will not be able to apply for JRS.
This doesnt seem right in my eyes.....the company should either be paying 100% of the wages for the 2 weeks or letting her stay off for the third week and claiming??
Any advice will be welcome
Ta

As you later say "Each individual scenario is different" so please post a copy of the agreement your mrs entered into i.e. the furlough notice she was given (redact personal info first)

I'm feel sure it will explain everything , because she did presumably agree to it in the first place.

#StayHome,SaveLives

Employee Name

Further to the consultation held with a member of the Management Team, I am writing to confirm that you have agreed

to the variation to your contract of employment. This variation has been implemented in line with the Government’s

Coronavirus Job Retention Scheme (CJRS).

As you have been made aware we are experiencing a decline in the work that we undertake as a business which will

impact in the short term.

We agree that from 1/4/2020 you will be on Furlough Leave. This means your contract of employment continues, but

you shall not be required to work. We will pay 80% of your monthly basic salary.

You can request to be paid any accrued leave in any given month you are furloughed (to a max of 100% of your wage).

If you want to request this, please email xxx and this will be considered.

Should any of the above take you into financial hardship you may be able to access support through the welfare

system www understanding universal credit.gov.uk/coronavirus/

Your Furlough Leave will end on the earliest of the following events:-

(a) the CJRS ending;

(b) either you or us ceasing to be eligible for support under the CJRS; or

(c) us deciding to cancel Furlough Leave and bring you back to work.

During your Furlough Leave, you may not work for any other organisation, or on your own account but we would be

happy for you to undertake volunteering work, for example as is being requested by the NHS currently. If you do

undertake other paid work or on your own account, you must tell us, and you may be liable to repay any sums we have

paid you under this scheme if we become liable to repay it to the Government.

Your terms and conditions remain unaffected during this leave including your continuous employment date.

We will continue to keep you updated during this leave either via your line manager xxx,email xxx. I have

enclosed a further document so that you can download this to your personal device.

Please respond via email to xxx to confirm that you are agreeable to the terms set out in this letter.

Should you have any questions, please feel free to contact me.

Kind regards

xxx

sharpe106

Deleted User said:

I personally think if someone is working a normal day in whatever guise, they should be paid 100% wage. I do though wonder if all these attempts at 80% are trying to bring all people down to minimum wage level? Before these times I also thought it wasn‚Äôt on to pay someone less then min wage if the hourly rate took them below. : / 

In this case they have not worked any hours. 

lopsyfa

ggw0403 said:

sliphi said:

ggw0403 said:

Hi
Quick one my Mrs was put on furlough leave for 3 weeks but has been asked to come back to work after 2weeks (starting tomorrow). She has now been told she will be paid 80% for the two weeks by her company but the company will not be able to apply for JRS.
This doesnt seem right in my eyes.....the company should either be paying 100% of the wages for the 2 weeks or letting her stay off for the third week and claiming??
Any advice will be welcome
Ta

As you later say "Each individual scenario is different" so please post a copy of the agreement your mrs entered into i.e. the furlough notice she was given (redact personal info first)

I'm feel sure it will explain everything , because she did presumably agree to it in the first place.

#StayHome,SaveLives

Employee Name

Further to the consultation held with a member of the Management Team, I am writing to confirm that you have agreed

to the variation to your contract of employment. This variation has been implemented in line with the Government’s

Coronavirus Job Retention Scheme (CJRS).

As you have been made aware we are experiencing a decline in the work that we undertake as a business which will

impact in the short term.

We agree that from 1/4/2020 you will be on Furlough Leave. This means your contract of employment continues, but

you shall not be required to work. We will pay 80% of your monthly basic salary.

You can request to be paid any accrued leave in any given month you are furloughed (to a max of 100% of your wage).

If you want to request this, please email xxx and this will be considered.

Should any of the above take you into financial hardship you may be able to access support through the welfare

system www understanding universal credit.gov.uk/coronavirus/

Your Furlough Leave will end on the earliest of the following events:-

(a) the CJRS ending;

(b) either you or us ceasing to be eligible for support under the CJRS; or

(c) us deciding to cancel Furlough Leave and bring you back to work.

During your Furlough Leave, you may not work for any other organisation, or on your own account but we would be

happy for you to undertake volunteering work, for example as is being requested by the NHS currently. If you do

undertake other paid work or on your own account, you must tell us, and you may be liable to repay any sums we have

paid you under this scheme if we become liable to repay it to the Government.

Your terms and conditions remain unaffected during this leave including your continuous employment date.

We will continue to keep you updated during this leave either via your line manager xxx,email xxx. I have

enclosed a further document so that you can download this to your personal device.

Please respond via email to xxx to confirm that you are agreeable to the terms set out in this letter.

Should you have any questions, please feel free to contact me.

Kind regards

xxx

That is the reason right there.

ggw0403

(c) us deciding to cancel Furlough Leave and bring you back to work.

That is the reason right there.

Yeah i get this is the reason but doesnt really answer my original question!?!?

sharpe106

The answer to your question would depend on the original contract, if they are contracted to hours or not basically. If it was me even if I was I would not be fighting it in the current climate and would be happy to have had the two weeks off. 

unholyangel

ggw0403 said:

(c) us deciding to cancel Furlough Leave and bring you back to work.

That is the reason right there.

Yeah i get this is the reason but doesnt really answer my original question!?!?

To answer your original question, as your wife agreed to have her pay reduced to 80% and wasn't actually doing any work.....they only need to pay 80%. NMW doesn't come into it - because she's not actually working the hours, it doesn't take her below minimum wage. 

lopsyfa

ggw0403 said:

(c) us deciding to cancel Furlough Leave and bring you back to work.

That is the reason right there.

Yeah i get this is the reason but doesnt really answer my original question!?!?

What answer didn't it answer? The agreement says they will furlough her and they have a right to cancel the furlough and during the period she is furlough, she will be paid 80% which is what the employer is doing. The employer is abiding by the furlough agreement and if it doesn't feel right, you need to show how it violates the agreement your Mrs signed.