Public sector payment in place of furlough

ni17

I work for a Public Sector body in Northern Ireland, a  non -departmental public body. I have done in one form or another for the past 6 years. My payroll number has never changed, I have never received a P45 despite working on training contract, zero hours then moving to a 50 week full time contract and back to zero hours. I received just one P60 for last year which reflects my total earnings for the year. I finished working on a full time contract on 16th Feb but continued to work almost full time hours but then on zero hours contract until the building was closed at the beginning of the lockdown. After a long battle my employer agreed to pay zero hours contract workers, they decided that they would pay 1/12 of earnings per month with no option to receive pay based on March 2020 earnings.

This unfortunately has been no help in my particular situation as 1/12 of my zero hours contracted hours reflects just over 2 days pay because I had been working on a full time contract with them until Feb 16th. My employer has stated that they have no obligation to consider my previous contract earnings. I was previously self employed but because I worked solely for the organisation last year my PAYE income is the majority so I am ineligible for help there also.

Does anyone know if there is any argument within public sector to put forward to have my earnings calculated on my March zero hours earnings rather than 1/12 of annual, which would make it more reflective?

Or if there is an argument for them to consider my total earnings because of the continuous nature of my employment (no P45) and having received one P60 reflecting my total earnings?

Jeremy535897

If you were employed continuously I would argue that they should treat you as a variable pay employee, so that the amount they could claim (which is presumably what you have agreed to be paid) for a period of furlough would be based on 80% of the higher of the average of your 2019/20 earnings up to the date you were furloughed, or your pay for the equivalent calendar period in the previous year. I don't think the fact that they are public sector makes any difference.