Can my employer deduct furlough from my annual leave after returning to work?

serena_dicks

I am currently on my notice period to leave my job, where I have been informed that I need to take all my remaining annual leave before my final contracted day. However, during discussions with HR of my annual leave: they informed me that my time off furlough is being deducted from my annual leave: leaving me with on 1.5 days of furlough. Many of my friends have told me that they’re not allowed to this, and I’m unsure too. Is my employer allowed to deduct my furlough from my annual leave: without giving me notice during my furlough period that i will be taking annual leave during that time. 

jimkelly

No, they can't.  You are either furloughed or you're on annual leave.

What they can do though is make you take annual leave (at 100% pay).

sharpe106

They sould have told you before they can't take it without telling you. 

serena_dicks

Is there any sources ( websites etc) I could use to prove this? 

I have only been told that they would be deducting 1/12 of my annual leave, but not explicitly told to take annual leave. I only took one day of leave, prior to furlough- for bereavement. But they’re including this in the deduction for furlough. 

sharpe106

have a read of CAB or ACAS website about holiday rights
https://www.acas.org.uk/

https://www.citizensadvice.org.uk/

Jeremy535897

If your notice does not exceed the statutory minimum by more than a week, they should be paying you at 100% throughout your notice anyway. A day can be treated as notice, holiday and furlough, but you would get 100% pay for that day. They do have to give notice regarding holiday, which is twice the length of holiday to be taken, unless your contract says otherwise.