Equated pay and furlough

rayzer82

Good afternoon all and hi, my name isSis and I have quite a specific question that I hope someone can help with. I work for a contract caterer, within a school on term time only. We get paid an equated pay salary meaning I pay into a company pot a slice of my hourly rate that they then pay me back over the school holidays. I obviously worked September to the end of march earning money in my pot which the company would of paid me during the Easter, may and summer school holidays. I've been furloughed since the end of march and will be until September but the company isn't paying my salary obviously the government furlough scheme is. I'm also tupe to a new company at the start of September as it's the end of contract and wonder what the company are legally obligated to do with the funds that I have already accrued by working sept-march. I'm not necessarily saying we should be paid it, maybe that it should be returned to government for cover of furlough that they're claiming for August or we should be removed from the furlough scheme from a point in time in August that our Holiday pot, which we have already worked to earn would then pay us the rest of our salary for August. A bit if a mind field with lots of other questions like bank holidays etc too but this is my main issue.
Any help is greatly appreciated
Many thanks for your time
Scott

Jeremy535897

It is a difficult area. There is some guidance here, but I'm not sure it is the same as your situation, and it doesn't deal with the furlough issue. See https://www.xperthr.co.uk/faq/how-should-an-employer-calculate-a-term-time-workers-paid-holiday/164641/

If TUPE applies the new employer takes on the obligations of the old employer, so that should not affect anything.

rayzer82

Hey thanks for the reply. The new employee bis confident we will return in full so my main issue was the outstanding holiday/ equated pay we had already earned working for our current employee. They didn't pay extra for bank holidays during the furlough period so I've contacted our payroll but I've been asking the company for 3 months and I'm still getting no real response, hence me trying to get a definitive answer here. It seems a pretty tricky situation to answer though and I fully appreciate your time to reply , thank you 

rayzer82

Edit to post, employer not employee ...