Temp contract query

gadjah543

I returned to work a few months ago after surgery. My fit note requested a phased return to work which was accepted by my employer. I was put on a temporary 12 hour contract and was due to revert back to 28 hours from today. 

Six weeks ago the rotas for this week were issued showing my hours reverting back to my previous contract which I was fine with.

Two weeks ago I asked HR if I needed to sign a new contract and was told they would find out. I asked again a week ago and same answer.
 On Tuesday it was announced that we were going into Level 4 in Scotland and my work would shut. At my next shift I asked again and half an hour later was issued a letter telling me that all capability meetings were postponed till after we return.
My question is am I entitled to furlough based on last year’s pay or on my 12 hour contract which I only signed as Temporary till 26th December. Thanks 

Jeremy535897

You are entitled to be paid according to your contract of employment. You are not entitled to be furloughed. Your employer may choose to furlough you, and if they do, what you will be paid will depend on your furlough agreement. What your employer may claim in respect of furlough for you is a separate issue, and will depend on your reference salary.

Your reference salary will depend on whether you were employed by and paid by your employer before 20 March 2020. If you were, and you were furloughed before 12 June 2020, your employer's claim if they furlough you now will be on the same basis as it was in March to October.

gadjah543

Thanks for your reply. That is really helpful. I have already received a furlough letter for the next three weeks and was on my original contract when I was furloughed in March.
 I have worked for the company for over five years. When I spoke to my manager she seemed to think I would only receive 80% of my 12 hour contract so hopefully you are correct as I had only budgeted to be on reduced hours till Christmas.

Grumpy_chap

If you are in continuous employment, there is no process for the reference salary to be revised.
It is likely your line manager did not know and hedged their bets by giving the "bad" outcome.  Hopefully, your payroll team will know the correct sums to administer.

gadjah543

Brilliant. Thanks 😊 I’ll update when I get my next pay in January 

Jeremy535897

gadjah543 said:

Thanks for your reply. That is really helpful. I have already received a furlough letter for the next three weeks and was on my original contract when I was furloughed in March.
 I have worked for the company for over five years. When I spoke to my manager she seemed to think I would only receive 80% of my 12 hour contract so hopefully you are correct as I had only budgeted to be on reduced hours till Christmas.

From what you say, the fact that your contractual hours have reduced is irrelevant. Your reference salary, assuming you are a fixed rate employee, will be your pay (excluding any discretionary payments) in the last pay period before 20 March 2020. (If you were not a fixed rate employee, it would still be based on average pay for 2019/20 up to when you were furloughed, or your actual pay in the equivalent pay period in the previous year if higher.) Your furlough rate must be at least 80% of that, subject to the £2,500 cap. If your employer pays you less, they cannot make any claim for you under CJRS, so if they base your pay on a 12 hour contract, point out to them that it will cost them money as they will have to pay you without any claim under the CJRS.

gadjah543

Just an update to confirm that I was indeed paid at last year’s calculations. Thanks for the replies