Employer not paying part time furlough hours

strm1990

Hi guys.
Big mse fan here who has been furloughed since the 1st April.
I've followed Martin's advice thoroughly on the furlough scheme. Since August, I understand that employers have had to start contributing towards the 80% and part time reintroduction has been encouraged.
On the 14th september I was requested to return to work. I was asked to do 13 hours of my 40 hour weekly contract and have successfully done so until today (put back on full furlough).
Martin and other sources have all said that when working, you should receive full pay. And the remainder of the hours you are not working is furloughed at 80%. Thus totalling a higher percentage pay towards my 'old normal'. 
For the past 7 weeks, I have not been paid more than 80% despite going in and working damn hard with overtime because I care about the business recovering.
However because of Martin I was expecting a slight spike in my pay. As pushed by my partner, I did raise it with my employer, as delicately as I could.
Their response, and I quote: 'that's not how it works, your 80% flexible furlough pay remains the same, we just cant claim support from the government for hours you work, we have to put that amount towards your total 80% pay.'
I have a feeling they are not paying me in full for those hours, so that they can contribute towards my 80% furlough pay since september and still have gained from their contribition. Is that correct or do you read that differently? Either way, can employers do this and avoid paying employees for part time hours worked?

diggingdude

They should pay in full hours you did 

MattMattMattUK

It is unclear exactly what you have worked vs been paid but in essence you should be:
Paid 100% for any hours you work.
Paid 80% for any furloughed hours.
Based on what you have said above that is 13 hours at 100% and 27 hours at 80%. That means that you should be paid 86.5% of your normal unfurloughed rate, or 6.5% more than a full furlough week.

Legally they should pay you in full, but the question is can they afford to and would raising the question again jeopardise your employment? Only you can answer that, but as you are back on furlough for another month and then furlough ends, you need to decide if it is worth the risk of an argument about 6.5% of a weeks pay, vs the risk of being seen as a trouble maker and made redundant. Not that I am not saying that would be right, but one should aways be pragmatic. 

Jeremy535897

Some employers revised their contracts of employment (with employees' agreement) to reduce their pay, working or furloughed, to 80% of what it was before furlough. Check that hasn't happened to you.

strm1990

MattMattMattUK said:

It is unclear exactly what you have worked vs been paid but in essence you should be:
Paid 100% for any hours you work.
Paid 80% for any furloughed hours.
Based on what you have said above that is 13 hours at 100% and 27 hours at 80%. That means that you should be paid 86.5% of your normal unfurloughed rate, or 6.5% more than a full furlough week.

Legally they should pay you in full, but the question is can they afford to and would raising the question again jeopardise your employment? Only you can answer that, but as you are back on furlough for another month and then furlough ends, you need to decide if it is worth the risk of an argument about 6.5% of a weeks pay, vs the risk of being seen as a trouble maker and made redundant. Not that I am not saying that would be right, but one should aways be pragmatic. 

Thank you.
Firstly I wanted to make sure what was correct/legal. Next thing, as you say, is the dilemma that raising what is definitely right might cause an issue.
I would like to hope not, I'm a hard worker, dedicated, never off sick etc. These are hard times for employees as well as employers. The missing 6.5% (about £300) is right before christmas which can be hard enough in times when you're not missing a chunk of your wage!
I'll definitely sleep on it before making any decisions.