Furlough not being paid higher of corresponding month last year v p60 average?

philng

I work on variable hours and typically do more hours in the Summer. My employer has only been paying me my average P60 earnings for 2019/20 x 80% when my May June & July pay in 2019 was some way higher than my P60 average. This has left me £300 short & I am having difficulty resolving?
What rights do I have?

Jeremy535897

Presumably th £2,500 cap is inapplicable. They should have been paying you at least 80% of the higher of

• your average wage in 2019/20 (up to furlough) or
• your pay in the equivalent calendar period last year.

You are entitled to be paid what your contract of employment, as amended by any furlough agreement, says, but it would be unlikely to say less than the above figure otherwise it would breach the conditions for CJRS.

philng

Jeremy535897 said:

Presumably th £2,500 cap is inapplicable. They should have been paying you at least 80% of the higher of

• your average wage in 2019/20 (up to furlough) or
• your pay in the equivalent calendar period last year.

You are entitled to be paid what your contract of employment, as amended by any furlough agreement, says, but it would be unlikely to say less than the above figure otherwise it would breach the conditions for CJRS.

No some way below £2500 cap.
So it looks like a breach of the scheme is what you are saying to not pay higher of the 2 figures?

Jeremy535897

philng said:

Jeremy535897 said:

Presumably th £2,500 cap is inapplicable. They should have been paying you at least 80% of the higher of

• your average wage in 2019/20 (up to furlough) or
• your pay in the equivalent calendar period last year.

You are entitled to be paid what your contract of employment, as amended by any furlough agreement, says, but it would be unlikely to say less than the above figure otherwise it would breach the conditions for CJRS.

No some way below £2500 cap.
So it looks like a breach of the scheme is what you are saying to not pay higher of the 2 figures?

Yes. If you are paid less than 80% of your reference salary, the CJRS claim is invalid. There is a let out if their calculation is wrong but "reasonable", although I question whether such an error is reasonable. I suggest you point it out to them.
See https://www.gov.uk/guidance/calculate-how-much-you-can-claim-using-the-coronavirus-job-retention-scheme#work-out-80-of-your-employees-usual-wage

Thrugelmir

philng said:

I work on variable hours and typically do more hours in the Summer. My employer has only been paying me my average P60 earnings for 2019/20 x 80% when my May June & July pay in 2019 was some way higher than my P60 average. This has left me £300 short & I am having difficulty resolving?
What rights do I have?

Presumably in April you received more than your average earnings. When will you return to full time work? 

philng

I was brought back in to work towards end of June full time but calculate I have been under paid by £300 due the company only using P60 average rather than the higher corresponding month in 2019.
My April pay was just the P60 average as this was higher than the corresponding April 2019.