Furlough pay

chilwellJ

Hoping for some advice please. Started new job August 2019, furloughed at the end of March. I have a contract of 45 hours per week salaried and overtime if needed (paid extra). I had an accident/injury and was off sick for 2 months just getting SSP. My furlough pay has been done as an average from when I started so the base amount is a lot lower than my contracted salaried amount. The furlough letter I received stated 80% of normal pay. Work have said they are using the average for variable so the salaried amount per month (which is stated on my wage slips) doesn’t count. I had thought the variable was for employees who did say 20 hours one week, 30 the next etc. Employer has said is average only. I have spoken with quite a few people who are in HR for their companies  and they have all said they have used the higher normal salaried amount (Not included sick time as it is not normal pay).  Thanks for any help and advice

Jeremy535897

See my comments here
https://forums.moneysavingexpert.com/discussion/6138462/i-think-my-employer-has-calculated-my-furlough-money-using-the-wrong-method#latest

chilwellJ

Sorry I’m a bit confused - if I work overtime I get paid for it and this has been done in previous months but due to the 2 months SSP it has taken the average under the salaried amount 

Jeremy535897

You treat periods of SSP as if you were paid at the normal rate 

chilwellJ

Hi Jeremy, thank you - does it state that anywhere to show my employer please as I’m struggling with them 

Jeremy535897

I was thinking of you as a fixed rate employee, but if you are a variable pay employee, they do average using SSP. I have no idea why.

"Employees returning to work after being on sick pay

For employees on fixed pay, claims for full or part time employees furloughed on return to work after time off sick should be calculated against their salary, before tax, not the pay they received whilst off sick.

Claims for those on variable pay, returning to work after time off sick should be calculated using the highest of either:

• 80% of the same month’s wages from the previous year (up to a maximum of £2,500 a month)
• 80% of the average monthly wages for the 2019 to 2020 tax year (up to a maximum of £2,500 a month)"

chilwellJ

Not good for me then by the looks of it

Jeremy535897

It goes back to the difficult issue of whether you are really a fixed rate employee. The problem is that whatever the rights and wrongs of it, the approach that the employer is taking on calculating their claim is reasonable, even if it is wrong, and it is down to them to do the sums. I would repeat the point that you are entitled to be paid what your amended contract of employment says you are to be paid, and that may not necessarily be the same (although it cannot be less) than what they claim.

chilwellJ

Thank you - I will say this again to employer although I have done 3 times already.