Furlough after a contract change

Jess1508

I work in retail and from week commencing 2nd of November  I changed my contract from 40 hours manager to 28 hours sales. I am due to be put on furlough from Thursday the 5th of November and I’m just wondering what I will be entitled to as my contract only changed from this week and previous to this I have been on 40 hours? I have already spoken to my manager and she said it would just be 28 hours but I thought it went on previous earnings?

Anamox

All of the examples of furlough pay below appear to use contracted hours as a basis, which applied for you appears to unfortunately mean your payment will be based on your 28 hours.

https://www.gov.uk/government/publications/find-examples-to-help-you-work-out-80-of-your-employees-wages/examples-of-how-to-work-out-80-of-your-employees-wages-national-insurance-contributions-and-pension-contributions

Jeremy535897

Anamox said:

All of the examples of furlough pay below appear to use contracted hours as a basis, which applied for you appears to unfortunately mean your payment will be based on your 28 hours.

https://www.gov.uk/government/publications/find-examples-to-help-you-work-out-80-of-your-employees-wages/examples-of-how-to-work-out-80-of-your-employees-wages-national-insurance-contributions-and-pension-contributions

If you look at the item you quote, you will see it is based on contracted hours at the relevant date (in that case the pay period ending before 20 March 2020), but for November furlough we expect it to be based on the pay period ending before 31 October 2020. Further details are awaited. (This is for fixed rate employees.)

Jess1508

Thank you for your advice and support. I have not yet had a letter through to confirm the new contract set it has just been agreed in person would that mean anything in regards to being able to claim 40 hours furlough? 

Jeremy535897

It did not matter in the first lockdown. What mattered, if you were a fixed rate employee, was your pay for the last pay period ending before 20 March 2020. This time, we expect that what will matter is your pay for the last pay period ending before 31 October 2020, but the details have not yet been published.

You do not claim furlough. What happens is that your employer decides whether or not to furlough you (and you have to agree). They may well reduce your wage from what you would get while working (with your agreement), but they must pay at least 80% of your reference salary, and for fixed rate employees, we expect that to be based on your wages for the last pay period ending before 31 October 2020. If they don't, they can't claim under the CJRS.

joh93

I was furlough in March on a live on site contract meaning £250 was taken from my wage as rent to the company. Whilst furloughed I moved offsite and was told I couldn’t get a change in contract whilst furloughed. I have worked for the company for 8 days in Oct at a different location and was told they couldn’t not change my contract. I worked one day in Nov and again was told I could not change it and that I would be continued on the new extended furlough scheme. Is this legal, I do not live there but I am being forced to see the rent go from my already lowered furlough wage?

Jeremy535897

joh93 said:

I was furlough in March on a live on site contract meaning £250 was taken from my wage as rent to the company. Whilst furloughed I moved offsite and was told I couldn’t get a change in contract whilst furloughed. I have worked for the company for 8 days in Oct at a different location and was told they couldn’t not change my contract. I worked one day in Nov and again was told I could not change it and that I would be continued on the new extended furlough scheme. Is this legal, I do not live there but I am being forced to see the rent go from my already lowered furlough wage?

You should start your own thread. Your employer can change your employment contract any time they like, with your agreement. What I think you mean is that your employer is saying they can only claim the net pay after the rent deduction under CJRS, and so that is all they will pay you. I think they are wrong, but the question is what can you do about it? You have lived with it since March. We think that furlough for November will be based on pay for the last pay period before 31 October 2020 if you are a fixed rate employee.