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Furlough Pay Incorrect
LeedsGhost
Posts: 5 Forumite
Hi,
My furlough pay is being worked out incorrectly (as a my pay varies from week to week). I've told my employer that it should be worked out on 80% of the 19/20 average or 80% of the same period in 2019, whichever is higher. I'm getting nowhere I've sent links to the government guidelines, I've highlighted the parts that are relevant to my situation. I've sent links to the official government calculator. I've sent screenshots of the results I get from the calculator when I put in my figures. My employer is having none of it. Up until week 5 of furlough I was being paid a straight 12-month average. It has now been recalculated but I it is still not correct, but closer. I haven't received any back-payment for when it was wrong for 5 weeks. Others in our organisation have received back-payment but not all. In memos we have been told we're trying to 'manipulate the system', using 'loopholes'. We've been told not to spend the newly recalculated amount as it may be taken back by when it's found that this loophole is being used. I've been made to feel like I'm a scammer trying to get more than I'm due, which is not the case. Why shouldn't I be trying to get what I'm entitled to at a time when my employer is paying me bare minimum (and not even doing that correctly). Don't get me wrong, I'm fully aware I have no legal right to be furloughed but the business is closed and they have furloughed me on 80% so I'm already loosing out on that 20%, why should I loose out even more by it being calculated incorrectly.
My employer is using an external Payroll company that clearly don't understand the rules of the scheme. My employer has admitted that they haven't read the guidelines themselves and basically refuses to do so as the Payroll company are dealing with everything wage related. I've pointed out that it's the employers responsibility to ensure the staff are properly paid, not the external company.
I've been fighting to get paid correctly for 5 weeks now (I'm paid weekly), I've sent numerous emails, spoken on the phone. Clearly I've done all I can. Now where do I go? I considered reporting it to HMRC but the form on their website has now disappeared with an error saying "The page you're looking for is no longer here".
If you phone their phone number when you go through the options and it asks you if you are the employee it just says we can only deal with the employer. please speak to your employer, and hangs up. The government website says if you aren't getting what you're entitled to report it as fraud but the page has disappeared and says their postal and telephone fraud reporting channels are closed and use the online form, which doesn't work.
My furlough pay is being worked out incorrectly (as a my pay varies from week to week). I've told my employer that it should be worked out on 80% of the 19/20 average or 80% of the same period in 2019, whichever is higher. I'm getting nowhere I've sent links to the government guidelines, I've highlighted the parts that are relevant to my situation. I've sent links to the official government calculator. I've sent screenshots of the results I get from the calculator when I put in my figures. My employer is having none of it. Up until week 5 of furlough I was being paid a straight 12-month average. It has now been recalculated but I it is still not correct, but closer. I haven't received any back-payment for when it was wrong for 5 weeks. Others in our organisation have received back-payment but not all. In memos we have been told we're trying to 'manipulate the system', using 'loopholes'. We've been told not to spend the newly recalculated amount as it may be taken back by when it's found that this loophole is being used. I've been made to feel like I'm a scammer trying to get more than I'm due, which is not the case. Why shouldn't I be trying to get what I'm entitled to at a time when my employer is paying me bare minimum (and not even doing that correctly). Don't get me wrong, I'm fully aware I have no legal right to be furloughed but the business is closed and they have furloughed me on 80% so I'm already loosing out on that 20%, why should I loose out even more by it being calculated incorrectly.
My employer is using an external Payroll company that clearly don't understand the rules of the scheme. My employer has admitted that they haven't read the guidelines themselves and basically refuses to do so as the Payroll company are dealing with everything wage related. I've pointed out that it's the employers responsibility to ensure the staff are properly paid, not the external company.
I've been fighting to get paid correctly for 5 weeks now (I'm paid weekly), I've sent numerous emails, spoken on the phone. Clearly I've done all I can. Now where do I go? I considered reporting it to HMRC but the form on their website has now disappeared with an error saying "The page you're looking for is no longer here".
If you phone their phone number when you go through the options and it asks you if you are the employee it just says we can only deal with the employer. please speak to your employer, and hangs up. The government website says if you aren't getting what you're entitled to report it as fraud but the page has disappeared and says their postal and telephone fraud reporting channels are closed and use the online form, which doesn't work.
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Comments
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Is your employer aware that if they pay you less than 80% of your reference salary, and cannot justify why they are using the method they are using, they are not entitled to claim CJRS for you at all?0
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Yes, but they are insisting they are correct and I am just trying to manipulate the system.Jeremy535897 said:Is your employer aware that if they pay you less than 80% of your reference salary, and cannot justify why they are using the method they are using, they are not entitled to claim CJRS for you at all?0 -
I suggest you contact ACAS.0
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Is it possible you're a fixed rate employee? It is only if you are not a fixed rate employee that the method you mention is used. You can still be a fixed rate employee and have a pay that varies. So it's not quite as straightforward as some people think.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0
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No I'm on a zero hour contract paid by the hour. My hours fluctuate depending on the time of year.unholyangel said:Is it possible you're a fixed rate employee? It is only if you are not a fixed rate employee that the method you mention is used. You can still be a fixed rate employee and have a pay that varies. So it's not quite as straightforward as some people think.0 -
What did you agree to be paid when you agreed to be furloughed?LeedsGhost said:
No I'm on a zero hour contract paid by the hour. My hours fluctuate depending on the time of year.unholyangel said:Is it possible you're a fixed rate employee? It is only if you are not a fixed rate employee that the method you mention is used. You can still be a fixed rate employee and have a pay that varies. So it's not quite as straightforward as some people think.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
I didn't particularly agree to be furloughed. I was just sent a letter after the business closed down saying I'm now furloughed and I'd receive 80% of my normal pay.unholyangel said:
What did you agree to be paid when you agreed to be furloughed?LeedsGhost said:
No I'm on a zero hour contract paid by the hour. My hours fluctuate depending on the time of year.unholyangel said:Is it possible you're a fixed rate employee? It is only if you are not a fixed rate employee that the method you mention is used. You can still be a fixed rate employee and have a pay that varies. So it's not quite as straightforward as some people think.0 -
As much as it may seem unfair you should also remember you do not have a right to be furloughed and as a zero hours employee they can take you off furlough and pay you for your contracted hours of zero. You might not agree with the calculation method, but they are probably following the advice of an accountant or interpreting the guidelines in a way they feel is correct.LeedsGhost said:
I didn't particularly agree to be furloughed. I was just sent a letter after the business closed down saying I'm now furloughed and I'd receive 80% of my normal pay.unholyangel said:
What did you agree to be paid when you agreed to be furloughed?LeedsGhost said:
No I'm on a zero hour contract paid by the hour. My hours fluctuate depending on the time of year.unholyangel said:Is it possible you're a fixed rate employee? It is only if you are not a fixed rate employee that the method you mention is used. You can still be a fixed rate employee and have a pay that varies. So it's not quite as straightforward as some people think.
Without knowing your average and variable income petterns and what they are paying you on furlough we are unable to assess if it is you or they that are "correct".0 -
I understand that. But surely if the CJRS is being used for me it should be worked out correctly? Surely the official calculator on the gov.uk site isn't going to be wrong?MadMattUK said:
As much as it may seem unfair you should also remember you do not have a right to be furloughed and as a zero hours employee they can take you off furlough and pay you for your contracted hours of zero. You might not agree with the calculation method, but they are probably following the advice of an accountant or interpreting the guidelines in a way they feel is correct.LeedsGhost said:
I didn't particularly agree to be furloughed. I was just sent a letter after the business closed down saying I'm now furloughed and I'd receive 80% of my normal pay.unholyangel said:
What did you agree to be paid when you agreed to be furloughed?LeedsGhost said:
No I'm on a zero hour contract paid by the hour. My hours fluctuate depending on the time of year.unholyangel said:Is it possible you're a fixed rate employee? It is only if you are not a fixed rate employee that the method you mention is used. You can still be a fixed rate employee and have a pay that varies. So it's not quite as straightforward as some people think.
Without knowing your average and variable income petterns and what they are paying you on furlough we are unable to assess if it is you or they that are "correct".0 -
Never used it but it would not be the first time they have put something they have put a calculator up and it has been wrong.I understand that. But surely if the CJRS is being used for me it should be worked out correctly? Surely the official calculator on the gov.uk site isn't going to be wrong?
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