What payments can be included in CJRS claims

flopstar

Hello, prior to being furloughed I was working a 3 shift pattern and receiving shift premium for this. On January 30th I was given notice (2 months as required) that my shift pattern could change to 2 shift or dayshift only.
My company has claimed 80% of only my basic salary via the CJRS, but I was wondering if they should also be claiming 80% of my shift premium also?

unholyangel

That depends. 

The employer should be paying you whatever they have agreed to pay you when you agreed furlough with them.

However, the employer will only be able to reclaim up to 80% of anything they are obligated to pay you and that is not conditional upon any matter (a little more complex than that, but that is the gist of it). If your premium is conditional (on perhaps you working certain hours) and you're not meeting that condition then they wouldn't be able to reclaim it under CJRS. 

Jeremy535897

If your shift premium is like overtime the guidance may be helpful, as it refers to past overtime being able to be included. There is an issue over what is "conditional on any matter" for the purpose of paragraph 7.4(b) of the Treasury Directive, but I think too much can be read into it. After all, getting paid anything at all is arguably "conditional on any matter", the need to turn up to work  being the "matter".