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Legal for employer to reclaim furlough from me if HMRC decide they shouldn't have used furlough?!

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  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    edited 4 November 2020 at 11:43PM
    philmusic said:
    So is that their way of getting out of paying us anything and also meaning they don't have to pay us redundancy as on paper we are still employees?!

    Hence why your employer said " except for statutory guarantee payments".  Legal obligations will be fulfilled. 
  • Jeremy535897
    Jeremy535897 Posts: 10,813 Forumite
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    Weeks you are not paid are not included in the 12 weeks for calculating redundancy pay. See https://www.gov.uk/redundancy-your-rights/being-selected-for-redundancy
  • Andy_L
    Andy_L Posts: 13,173 Forumite
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    If they reclaim  it, and thus pay you nothing, would that mean they are breaching min wage rules? 
  • Jeremy535897
    Jeremy535897 Posts: 10,813 Forumite
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    Andy_L said:
    If they reclaim  it, and thus pay you nothing, would that mean they are breaching min wage rules? 
    The repayment is in respect of furlough, and minimum wage does not apply to furlough pay. Workers on minimum wage may be paid less than that where employers are recouping past debt out of the wage.
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