Furlough pay and term time

Stacey2allu

Hey I work term time in a private early years setting and we have been closed during lockdown therefore my employer has furloughed me. Come 1 st june I am being brought off furlough to work my normal contractual hours however when the summer holidays start (which I don't work them and usually get normal pay as I'm pro rota) she is purposely furloughing me due to it being the holidays and I will only be getting 80% again. Is this allowed?
She is furloughing me when technically I wouldn't be working in the first place and there is work available as she is replacing me she just doesn't want to pay me my normal pay during the holidays.

Jeremy535897

If your contract of employment has been amended to reduce your pay to 80% of what it was, that is what you are now entitled to. If the word "temporary" was used, you might query when it goes back up again.

Stacey2allu

I got a temporary furlough contract when the business was closed however that would be changed when I return back to work as normal. I will then be furloughed again when my holidays are due to start?? 

Jeremy535897

If the contract is changed back to the normal rate,and then they want to reduce it again to furlough you when you wouldn't be working anyway, you could object at that point. You could point out to them that what they are effectively trying to do is pay you too little for holiday. They could just make you redundant of course.

gettingtheresometime

The scheme is changing in August so that the employer has to make a contribution so she isn't being as clever as she thinks she's being.

Grumpy_chap

I am sorry, but I am confused by the OPs query.

• Currently on furlough
• Will come off furlough 1st June and work normal hours and pay
• When the summer holidays start, the OP won't work (which is normal) and usually gets paid pro-rata, but it is suggested she would be back on furlough.

This part about the summer holidays is confusing.  Pro-rata pay of not working would be no pay.  Perhaps the boss thinks by placing the OP back on furlough, the OP will get some pay rather than no pay.  What is the work that is available during the summer holidays when the OP does not work?  This summer holiday part makes no sense to me.

Mrsn

Grumpy_chap said:

I am sorry, but I am confused by the OPs query.

• Currently on furlough
• Will come off furlough 1st June and work normal hours and pay
• When the summer holidays start, the OP won't work (which is normal) and usually gets paid pro-rata, but it is suggested she would be back on furlough.

This part about the summer holidays is confusing.  Pro-rata pay of not working would be no pay.  Perhaps the boss thinks by placing the OP back on furlough, the OP will get some pay rather than no pay.  What is the work that is available during the summer holidays when the OP does not work?  This summer holiday part makes no sense to me.

I would imagine that she employed for 39 weeks but paid over the 12 months so that there is a monthly salary. It’s how most term time employees are paid 

sharpe106

You have to agree to be furloughed but to be honest it makes no difference to you who pays you. As long as she tops up the pay to 100%. As I am assuming that is you’re usually holidays. She is taking advantage of the system but there is nothing stopping her and I am sure there are a lot of companies taking advantage of the system.

 You might be morally right but the only one that will be punished if you try to resist is you.

pleasedelete

Is the setting in receipt of 2/3/4 year old funding from the LA?