Post furlough commision pay?

deanmccow75

Hi, I was on furlough from the beginning of April up until beginning of October with a few days worked in August. My furlough pay was calculated on last year's average wage as I earn differing amounts each week/month, my earnings include commision and overtime. My employer has indicated to me that any future commision payments will have deductions as according to them I have been paid commision already as part of my furlough pay. Is this right as it sounds a little off as the government paid all my furlough pay?

Jeremy535897

You should read what your contract of employment, as amended by any furlough agreement, says about your entitlement to commission. Commission you are entitled to under your contract cannot have amounts deducted from it in respect of furlough payments. As you say, if your employer was only paying you the same amount that they claimed under CJRS, they have nothing to deduct. If you want to play hardball, you could point out that:

• this would be an unlawful deduction from wages, which could ultimately end up at an employment tribunal, unless you agree to it or it is allowed in your employment contract
• it would reduce the payments you received while on furlough to less than 80% of your reference salary for CJRS, and that would mean they would have to repay all the claims affected in full (not just the amount claimed that exceeded your wage).

deanmccow75

Thank you for confirming my thoughts, hopefully hardball won't need to be played.