I was working my notice period and then furloughed and have been under payed

fingerscrossed2020

I handed in my notice which was a 9 week notice period, 4 weeks in I was furloughed. I have been paid 80% of my basic and no non discretionary commission, I am asking to have the commission paid so I can claim the max of £2500 per month but have been paid only £1200. I have explained I am entitled to an average of the past 12 months and have been under paid. I have been told it is the employer who decides how much the employee is paid on furlough not the employee! I have said it is the government and sent the calculator from the governments website. I am now going to have no job as my new employer is making redundancies so can’t now take me on. I just want what I  think I am entitled too before having nothing. Am I wrong? I don’t want to have to raise a grievance but feel I have no choice. Any help greatly appreciated.

Jeremy535897

fingerscrossed2020 said:

I handed in my notice which was a 9 week notice period, 4 weeks in I was furloughed. I have been paid 80% of my basic and no non discretionary commission, I am asking to have the commission paid so I can claim the max of £2500 per month but have been paid only £1200. I have explained I am entitled to an average of the past 12 months and have been under paid. I have been told it is the employer who decides how much the employee is paid on furlough not the employee! I have said it is the government and sent the calculator from the governments website. I am now going to have no job as my new employer is making redundancies so can’t now take me on. I just want what I  think I am entitled too before having nothing. Am I wrong? I don’t want to have to raise a grievance but feel I have no choice. Any help greatly appreciated.

Actually it is the employer and the employee who agree a contract of employment that stipulates what the employee is paid. The government tells the employer what they must pay the employee as a minimum in order to be able to furlough the employee at all. I assume you agreed to a reduction to whatever the employer could recover? They have a duty of care to do their best for you, and that means applying the furlough rules correctly, first deciding whether you are a fixed rate or variable pay employee, then working out what they can include as "regular wages", and then using the calculator to get the right figure. If they use the wrong figure, and it is too small, and their calculation is unreasonable, they cannot claim any money under the CJRS for you at all.

fingerscrossed2020

I agreed to be furloughed but the terms were never sent to me?

fingerscrossed2020

What they have paid me according to the government calculator is wrong, so don’t know where I stand 

Jeremy535897

fingerscrossed2020 said:

I agreed to be furloughed but the terms were never sent to me?

From guidance:

"Your employer is responsible for claiming through the Job Retention Scheme on your behalf and for paying you what you are entitled to. You cannot apply for the scheme yourself.

Both you and your employer must agree to put you on furlough - so speak to your employer about whether they can claim. If your employer and a trade union reach collective agreement that is also acceptable, for the purpose of your employer claiming through the scheme. Once agreed your employer must confirm in writing that you have been furloughed to be eligible to claim. Contact your employer if you do not receive confirmation.

If you are concerned that your employer has not claimed on your behalf, you should speak to your employer. HMRC will not be able to provide information about individual applications."

If your employer reduced your pay, you would have had to agree to that. You are entitled to a copy of the terms.

sharpe106

Use the guidance and calculate it yourself and then show it to them, showing them the guidance and ask them how they calculated it.

fingerscrossed2020

sharpe106 said:

Use the guidance and calculate it yourself and then show it to them, showing them the guidance and ask them how they calculated it.

I have done that but they say it’s the employer who assesses not the employee, which is wrong in my opinion?

sharpe106

If it is wrong you can either raise a grievance, report them to HMRC or seek professional advice to take it further.