Company not paying furlough overtime

Bakeycakey

Hi everyone, I’m asking on behalf of my sister in law.
She’s been put on furlough but has only been paid her contracted hours and no overtime. She does regular overtime each week.
Shes directed them to the Government website as it does say about being paid overtime but they’re still refusing.
Is there anything she can do?

Confusedfurlough

Yes ring hmrc to clarify. I had exactly the same issue. I have a contract for ten hours but have also worked regular overtime and I am paid an hourly rate for any extra hour I do. I spoke to hmrc and they said it should be calculated on the highest of either 19/20 tax year or same months earnings of last year. Then I had to figure out what non discretionary and discretionary meant. I spoke to acas and they explained the employment law and custom of practice. I explained this to my employer and the issue has now been resolved. I think she should give acas a call but its best ringing at 8am when the phone lines open