Unfair Furlough Holiday entitlement reduction

sarah_carroll

My employer has told us we will  lose 1 day per week we were furloughed rather than the 0.6 days accrued for a normal working week (40hrs)  - Banks holidays were excluded from this calculation. It seams unfair we should lose (in my case 4 days now for 2020) paid holiday when this is covered by the JRS payments ? who gets that money ....?

samwilki

Hi,

You are entitled to 100% pay of the days that you're forced to take your holiday, they can do this as long as they give you as much notice as the holiday is so 1 days notice for 1 days holiday, unfortunately this is fair and it is a way for your company to reduce their overhead to pay for holidays.

sarah_carroll

Hi Sam, sorry I think I have not been clear. So my employer is deducting one day of holiday per week from me for every week that I was on furlough. I was off for 10 weeks so that means I will lose 10 days holiday from my holiday allocation for 2020. This would in theory equate to 5.8 days (0.6 days per week accrued ) so I am loosing 4.2 days holiday for 2020 - unpaid. Can they legally do that ....?  thank you 

Semple

sarah_carroll said:

Hi Sam, sorry I think I have not been clear. So my employer is deducting one day of holiday per week from me for every week that I was on furlough. I was off for 10 weeks so that means I will lose 10 days holiday from my holiday allocation for 2020. This would in theory equate to 5.8 days (0.6 days per week accrued ) so I am loosing 4.2 days holiday for 2020 - unpaid. Can they legally do that ....?  thank you 

No, they can't legally do that. 

Are you sure they're not effectively paying you your holiday whilst on furlough. Have you looked at your pay to see if you've been paid over 80%? Legally they have to give you twice the notice for the amount of leave they wish to take (Sams advice was incorrect here), so they would have to give you 2 days notice if they require you to take 1 day of leave. 

However, as this question gets asked daily here, if your company is struggling financially, and they've broken the rules regarding notice of leave, they may decide to go down the redundancy route if you kick up a fuss. 

Either way, if they're "using up" your holiday, you should be getting paid 100% for them.