Employer making me take 2 week annual leave within the 3 week furlough period

Annonymouse123

My employer is putting me in furlough for 3 weeks but have told me to take my 2 week annual leave within the furlough period. ACAS says that an employee can request annual leave during furlough but I haven't requested this. Other employment websites state that the position is unclear and is open to abuse.
I will receive 100% of my salary during the 2 week annual leave period (as I am entitled to) but surely annual leave is separate from furlough as I seem to only be in furlough for 1 week? It makes me think that they are getting my annual leave paid by the government of 80% and they only need to top up 20% rather than paying 100% of my annual leave as they should themselves. It this not abusing the government's furlough (free grant money) scheme whilst I've effectively lost my holidays or am I understanding this all wrong??

jackieblack

Any employer can instruct you when to take all or part of your annual leave, but they must give you twice the period of notice of the time they want you to take, ie if they want you to take two weeks leave they must give you four weeks notice of this.

Annonymouse123

Yes, I know that, they did mention that if I wasn't in agreement, they will just give me notice and postpone the furlough to coincide with the annual leave period. My point is, they are making me take it within the 3 week furlough period when the government is paying for my salary so it seems they are getting away with paying my 'holiday pay' and I'm really only on furlough for 1 week rather than the minimum 3 weeks. 

SnowDrop

Is your employer aware they cannot furlough you for one week? Have you discussed the issue with them? 

Annonymouse123

They are furloughing me for 3 weeks but making me take 2 weeks annual leave during the 3 week furlough period, so it's like the govt is paying for 80% of my annual leave and they are only needing to top up 20% of it. It that not abusing the scheme? Therefore it feels like I am only on furlough for 1 week. 

daveyjp

Furlough grant is simply to pay part of a salary, regardless of whether you are at work or on leave the cost to the employer is the same.

The employer also probably realises that if staff aren't taking leave now they will have to manage everyone needing to take their full leave allowance over a much shorter period of time.

sharpe106

Annonymouse123 said:

They are furloughing me for 3 weeks but making me take 2 weeks annual leave during the 3 week furlough period, so it's like the govt is paying for 80% of my annual leave and they are only needing to top up 20% of it. It that not abusing the scheme? Therefore it feels like I am only on furlough for 1 week. 

Yes they can not do that, they can furlough you for 3 weeks make you take two weeks (although need to give you 4 weeks notice for that long, but is it really worth fighting over) then decide after that to furlough you again or not.

7Phil

Annonymouse123 said:

It makes me think that they are getting my annual leave paid by the government of 80% and they only need to top up 20% rather than paying 100% of my annual leave as they should themselves. It this not abusing the government's furlough (free grant money) scheme whilst I've effectively lost my holidays or am I understanding this all wrong??

The official rules don't yet properly provide guidance on the matter of holidays. However, based on what small things are in the official guidance plus existing employment law then it looks like it's OK to do. 
I don't really get what you mean about "delaying the furlough". Does this mean you are working normally for the 20 days notice period then go on holidays and furlough for 3 weeks concurrently? It's a bit shifty to arrange the furlough dates around the leave dates, but the end result to you is similar.

You mentioned the guidance on the ACAS website and that is the best info we have to rely on at the moment:

Being flexible about holiday during coronavirus

Employers, employees and workers should be as flexible as they can about holiday during the coronavirus pandemic.

It’s a good idea to:

• talk about any plans to use or cancel holiday during coronavirus as soon as possible
• discuss why holiday might need to be taken or cancelled
• listen to any concerns, either from staff or the employer
• welcome and suggest ideas for other options
• consider everyone’s physical and mental wellbeing
• be aware that it’s a difficult time for both employers and staff 

https://www.acas.org.uk/coronavirus/using-holiday

If you object to using holidays then build a case why it's not good for you. If you prefer to just take the 3 weeks at 80% and keep your holidays then let them know that. If you are OK staying on 100% and accept you need to take a cost of using holidays to help the business survive, then carry on.

I agree with you it sounds fishy but I think you need to focus on what works out for you best first.

Annonymouse123

What I meant with delaying furlough is that if I didn't agree on taking my holidays then they will give me 4 weeks notice to take the two week holiday and then start furlough in 4 weeks time to coincide with my annual leave rather than starting furlough now and making me take annual leave now.

sharpe106

How I read your post was that they wanted you take holiday whilst they were claiming the furlough, i.e  2 weeks during the 3 weeks furlough which they can't do. But yes they can work furlough around your annual leave if you don't agree they could claim 4 weeks, give you 2 weeks holiday then see what happens. 

Annonymouse123

Sharpe106, you have read the post correctly. they want us to take holiday whilst they were claiming furlough! i.e. 2 weeks during the 3 weeks. Who can I report them to?