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

sharpe106

They are setting up a line or reporting system. I do not think it is set up yet. They might not actually know they can't do that. So maybe just showing them the actual document might be enough. Although on the hand they may be trying to pull a fast one.

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

Annonymouse123

Hi Sharpe106, thanks for this. Unfortunately they have justified it by saying they have spoken to their lawyer. I have now checked 3 different employment lawyers which all say that it is a grey area and the employer is effectively trying to run down employees annual leave and recommended that this should not be done as it's abuse of the system and they are at risk of breaching the Working Time Regulations 1998. I don't think the HMRC realise this loophole and hopefully more people will highlight firms that are trying to pull a fast one. I should be asked to take 2 weeks annual leave and then go on furlough for 3 weeks (which would be 5 weeks off in total) not taking my 2 weeks annual leave within the 3 week period, when they are claiming 3 weeks of furlough from the government, therefore they only need to pay 20% to top up my annual leave and using the government to pay 80% for my annual leave. Thanks for everyone's comments. 

sharpe106

Unfortunately they have left too many grey areas. Some have been left for obvious reasons, they don't want to pay everybody, but don't want to look bad so can blame the employers. Other grey areas I have no idea why they are in there. Just been badly thought out. Fair enough when was first announced but they have had a few weeks to update it now. 

Niko1967

My question is this. Am I exempt from the self employed scheme if my living is renovating, selling and renting property?
Everything I read seems to say it is. Talking to a friend today, he says we are after advice from his accountant. 

Jeremy535897

Niko1967 said:

My question is this. Am I exempt from the self employed scheme if my living is renovating, selling and renting property?
Everything I read seems to say it is. Talking to a friend today, he says we are after advice from his accountant. 

If you declare your renovating and selling property as trading income, you then have to look at the eligibility for the self employed grant. One of the conditions of eligibility is that your self employed taxable trading income has to exceed all your other taxable income, including your rental income, in 2018/19, or over the period 2016/17 to 2018/19 (assuming you have traded this long). See:https://www.gov.uk/guidance/claim-a-grant-through-the-coronavirus-covid-19-self-employment-income-support-scheme

Niko1967

Hi. 
Yes I have been trading that long, since 2013. I will get hold of my accountant and check that out.
So as long as I have a trading year where it was income from a renovation and a sale then that should put me in some stead for a payment? But if it’s only rental income then this won’t? 
Thanks for the reply. 

cjc0784

My question is...I was furloughed for 3 weeks on 100%  pay 6 weeks ago. I had been back at work for 2 weeks when my manager informed me that I had to use holiday for at least a week of my furlough period. I want to know if this can be done considering when I was furloughed, nobody knew about the holiday being part of it. Basically I will lose at least a weeks annual leave when I had no knowledge of the situation. I have a strong feeling this is unfair to apply retrospectively.

Grumpy_chap

Not fair to apply retrospectively and not in the rules of giving 2 days notice for 1 days leave, but probably also not worth complaining about.

sharpe106

As above unfair to not tell you but then do you really want to complain over it as they had furloughed you they must have been struggling.