Furlough and minimum wage

yellow1231231

Elly78 said:

That's what we were thinking as it seems it was paid at 80% not 100% she literally had £1 less this month from last and she would have worked 17 days previous month but got paid for 14 days work and 3 and half days holiday. We were under the impression that holidays would be carried over for the next 2 years but , are now presuming that after lockdown she may be made redundant and this is one way to get out of paying her full holiday entitlement? 

its not that complicated legally its the average of the last 52 weeks https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics 
also this month was a 4 week months last month was a 5 week month which may or may not make a difference 

sharpe106

That is for flexible worked op never said what kind of contract they are on. That also do not take into count the increase of nmw from April 

Elly78

Sharpe106 that is one of her concerns as she was put on furlough in March and her wage doesnt show any sign of increase from NMW from April ? She is full time been there 8 yrs in a private nursery, she works 4 days a week(Monday,Wed,Thurs,Fri) and was told she accrued 11 days holiday since January but took 7 days in February, and May to June pay period she was paid for 14 normal days and 3 1/2 days (or 28.5hrs) holiday assuming these are bank holidays as she would have usually had to have these off given the days she works . But no sign of extra money compared to the pay period April to May. Does this make sense and do you think she is under paid or does being on furlough affect all this ?? 

yellow1231231

Elly78 said:

Sharpe106 that is one of her concerns as she was put on furlough in March and her wage doesnt show any sign of increase from NMW from April ? She is full time been there 8 yrs in a private nursery, she works 4 days a week(Monday,Wed,Thurs,Fri) and was told she accrued 11 days holiday since January but took 7 days in February, and May to June pay period she was paid for 14 normal days and 3 1/2 days (or 28.5hrs) holiday assuming these are bank holidays as she would have usually had to have these off given the days she works . But no sign of extra money compared to the pay period April to May. Does this make sense and do you think she is under paid or does being on furlough affect all this ?? 

do the maths is 14 days at 80 percent plus 3.5 days at 100 percent work out to what she made? and is it correct that she gets paid a total of 17.5 days this month 

Elly78

Yes I did the maths she got paid 17 days previous month and 17.5 days last month and got paid £1 less last month compared the previous month when really the 3.5 days would have bumped her pay up a bit with the 3.5 days at 100% so obviously shes not been paid correctly! . 

Jeremy535897

As said before, furlough pay does not need to reflect increase in NMW because no hours are worked. Holiday pay post NMW increase should be at new NMW on the principle that you should not be worse off on holiday than you would have been if you were actually working, when new NMW would have applied.

Elly78

On her wage slip there is no indication that the holiday pay is made at a different rate. What could we do to rectify this how could we approach it and who would we contact outside of the employment to give advice on this any hel would be greatly appreciated? 

Jeremy535897

Speak to ACAS
https://www.acas.org.uk/contact