Wages not paid

Lolomc

My friend works in a bar which is closed until end of October ( closed by order of scottish government), her employer is saying they won't receive any pay for this period despite the fact she has previously been Furloughed. She has worked there for 13 years full time.  She has not had a written contract provided by this company, therefore nothing down on paper that the employer is entitled to lay employee off without pay. Where does she stand in regards to non payment of wages. Thanks in advance for any responses. 

JReacher1

I assume she is on a zero hour contract so if she doesn’t work she doesn’t get paid. 

Lolomc

No she isn't on a zero hour contract. She has always worked full time for the company. She was previously furloughed at the value of 40 hours per week. 

JReacher1

You can work full time and do 40 hours a week and still be on a zero hour contract.  Furlough was based on previous earnings so it didn't matter if you were on a zero hour contact or not, you still got paid.  

I believe the government has said employees who should get 2/3rd of their salary paid if their business has been forced to closed due to furlough.  Is there a reason why your friends is not getting this?

Lolomc

The employer is not wanting to contribute the 20 % that they are obliged to up until 31st October when the current status of furlough comes to an end. 

thebrexitunicorn

If she doesn’t have a written contract and has always worked full time then there’s no reason to assume a zero hours contract. It isn’t the employee’s fault if the employer has failed to issue a statement of employment terms.  Her employment contract, although not in writing, still stands.  It is likely that if the employer simply chooses not to furlough (or use whatever system is currently available) the employee is still entitled to pay under the contract. For up to date information call the Acas helpline.