Furlough holiday pay

Mummy3kings

Hi all, I hope someone can help, I’m still on furlough from work but recently we’ve all been made to take paid holiday for a week for this pay day.This isn’t something any of us wanted to do at all. It’s been calculated as half of my hourly rate and our head office have stated it’s because it’s a top up. Everywhere we have checked it’s stated we can have 100% holiday pay. It’s like my employer has just made this up? They aren’t being helpful at all And won’t give an acceptable explanation. I’m beyond frustrated, if anyone has any further information or any clear guidance it will be most appreciated.

bradders1983

Holiday pay has to be paid at your normal rate 

Mummy3kings

Is there anywhere I can find this in writing? 

unholyangel

Mummy3kings said:

Is there anywhere I can find this in writing? 

Working Time Regulations. 

The law hasn't changed with regards to holiday pay or employment rights. The only "law" that's been put into effect was to create a scheme to make your employer eligible to reclaim some costs they would normally have to bear themselves. 

Jeremy535897

Mummy3kings said:

Is there anywhere I can find this in writing? 

The Working Time Regulations 1998 are not the whole story, as they refer you to the Employment Rights Act 1996 and are subject to the overarching principle in EU law that you should not be worse off on holiday than if you were working (at least in respect of 4 weeks out of your 5.6 week minimum annual entitlement). The most detailed government guidance stops short of actually spelling out that you should receive holiday pay based on your pre-furlough wage, but most employers accept the principle. See:
https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19

For some reasoned argument on the subject, see:

https://uklabourlawblog.com/2020/04/06/furloughing-and-fundamental-rights-the-case-of-paid-annual-leave-by-alan-bogg-and-michael-ford/

Mummy3kings

I really appreciate that x thanks