Underpaid Furlough

interestingpost

I have a flexible contract of a minimum of 10hrs per week, but generally work 15hrs per week. I have only been paid 80% of the 10hours per week, when I highlighted this to my employer she said that’s my contract so can’t and won’t request the 15hrs, I suggested that it needed to be looked at on previous hours/annual hours and be divided as per government website, she still refused. She is now deducted half my annual holiday entitlement as she says the company cannot afford the time of financial cost. I understand that these are difficult times, but I’m getting into debt due to this and I have to confess seem my employer in a different light and not particularly looking forward to returning as I do feel a bit irritated. Please can someone advise me if I have understood this or my employer is incorrect in her assumptions.
Thank you 

Sparklestar1127

If an employee is on variable pay, which you are as sometimes you do more then your contracted hours- it’s calculated on the average of tax year 19/20 earnings up until the date of furlough or The end of the PAYE year (5/4/20) whichever was sooner. My staff were furloughed 29/03 so for those on variable pay it’s 358 days average pay for 19/20. 

You are correct. 

Also a as sidenote they can only enforce holiday if they’ve given notice of their intention to do so, a minimum notice of twice the length of the intended enforced leave. And they have to top up the other 20%. 

unholyangel

Sparklestar1127 said:

If an employee is on variable pay, which you are as sometimes you do more then your contracted hours- it’s calculated on the average of tax year 19/20 earnings up until the date of furlough or The end of the PAYE year (5/4/20) whichever was sooner. My staff were furloughed 29/03 so for those on variable pay it’s 358 days average pay for 19/20. 

You are correct. 

Also a as sidenote they can only enforce holiday if they’ve given notice of their intention to do so, a minimum notice of twice the length of the intended enforced leave. And they have to top up the other 20%. 

That is incorrect. 

If you are a fixed rate employee then how much the employer can claim is your wages (excluding any payments not allowed under the direction) as of the most recent RTI before 19 March. Whether you're fixed rate or not is determined by your contract of employment rather than your payslip. Your pay can vary every month and you can still be a fixed rate employee. 

If you are not a fixed rate employee then they can claim the higher of:
1) how much you were paid in the same corresponding period of the previous tax year
2) the average pay from the 19/20 year. 

However, all of this only determines what the employer can reclaim under CJRS. It doesn't determine what the employer should be paying the employee - unless they specifically linked it to what they can reclaim under CJRS & the employee agreed to it. 

interestingpost

I guess I now have to try and speak to her and find out why she has done this.  I never received my p60 For 19/20 tax yea and have requested twice. 

Thank you. I am pleased I was correct in my mind. I’m sure it’s to late to enable a payment for the lack of back pay, but at least I can move forward and get August pay sorted. It’s difficult as I’m hoping to return and don’t want to make my life difficult on my return.