Contracted 16 hours per week but average over 40 and do more hours in summer furlough?

philng

I am in dispute with my employer re furlough. I am on 16 hour contract but my p60 earnings show an average of over 40 hours per week and in may june and july 2019 around 50 hours per week. My understanding is my employer should use the corresponding month in 2019 if higher than my p60 average? I calculate i am down by over £300 if so.

Jeremy535897

It's not necessarily that straightforward. I assume the £2,500 cap does not apply. You have a contract for which you presumably are paid the same amount each month, plus an amount per hour for the extra hours you work. This might make you a fixed rate employee, in which case your reference salary would be 80% of the wage you received, including any contractual overtime, for the last pay period ending before 20 March 2020.

If the reality of your contract is that because you are paid a variable amount of pay each month, and are not treated as a fixed rate employee, then your reference salary is 80% of the higher of your average pay for 2019/20 (up to the date you were first furloughed) and your pay for the equivalent calendar period in the previous year.

If they are using the average pay for 2019/20 to calculate your reference salary, then they are not treating you as a fixed rate employee, and they should use the pay for the equivalent calendar period last year if it is higher.

All this assumes of course that your contract of employment, as amended by your furlough agreement, says that you are entitled to be paid what they can claim under CJRS. It might say something different, but they cannot pay less than 80% of your reference salary and claim under the CJRS.

philng

HeatherVaV said:

This is so sad

HeatherVaV said:

This is so sad

How do you mean?

Pollycat

philng said:

HeatherVaV said:

This is so sad

HeatherVaV said:

This is so sad

How do you mean?

That poster is post building, probably to start spamming.

philng

Pollycat said:

philng said:

HeatherVaV said:

This is so sad

HeatherVaV said:

This is so sad

How do you mean?

That poster is post building, probably to start spamming.

Not sure what you mean? I have been a member of Forum for years. It was a genuine question as to why someone has put 'This is so sad?' I'm not sure what they mean and was asking?

PRAISETHESUN

philng said:

Pollycat said:

philng said:

HeatherVaV said:

This is so sad

HeatherVaV said:

This is so sad

How do you mean?

That poster is post building, probably to start spamming.

Not sure what you mean? I have been a member of Forum for years. It was a genuine question as to why someone has put 'This is so sad?' I'm not sure what they mean and was asking?

I believe they were referring to the poster above you - who only has 2 posts on the forum which don't actually contribute anything to the discussion at hand.