Holiday deduction for 1 months furlough

caraboo

Hi Guys  
My daughter has been on furlough in May and paid 80% of wage and 3.5 days at 100% holiday. 
She did not want the holidays as she was saving them till later in the year which they were aware of.   
Others in the office who have been on furlough since March have only 1.5 days taken as they have already taken holidays prior to this. 
This seems to be unfair, just wondering what your thoughts are and if this is lawful.
Thanks

bradders1983

Perfectly lawful as long as she was given notice of it and they have paid her at full rate for them.

sharpe106

Was she given the notice to take these holidays? Why have others had less taken of her? Has she been paid full pay for those days?

caraboo

She was sent an email whilst on furlough before payment.  
Others had less or none taken as they have already used their accrued holiday prior to furlough.  
Essentially the company have taken 3.5 days holiday during may. 
She had advised them previously of her intentions to take later in the year. Due special occasions .

Thanks for replies

Grumpy_chap

Seems not only lawful, but also entirely reasonable from the employer's point of view.

caraboo

I thought holidays could be carried over for 2 years.  ?

sharpe106

They can be does not mean the employer wants you to.  It is basically cheaper for them to get you to take it now. 

caraboo

Should that not of been discussed prior to furlough. 
She has actually returned to work.  
Colleagues were furloughed from March. Daughter was only furloughed for the month of may and has returned.  
Thanks for your comments 

Thrugelmir

Perhaps your daughter's employer is simply trying to survive financially. Despite all the financial support given many businessess are going to struggle over the coming months. Staying in employment is more important than holiday leave, which could always be taken as unpaid leave if needs must. 

caraboo

Totally understand.   I did explain this before she went on furlough. 
Just didn't expect the holiday deductions when only off for 21 working days.   2 bank holidays included.  
She will just have to accept it 
Thanks guys  

sharpe106

They should have discussed it with her but is it something really worth fighting over ? At the end of the day if they gave her the notice they could have done anyway, so she would only be fighting over a technicality and she is in the exact same position as she would be if they had given her the notice. So to me is not worth kicking up a fuss but the choice is up to her.