Question re furlough and holiday pay

doris540

Where i work the holidays go from Jan to Dec. At beginning of Dec I was told i was going to be furloughed. Which i was for 2 weeks. When i went back to work I said i still had 5 days holiday left. They said they would pay me it. When i got paid there was no sign of the 5 days holiday. When i asked they said they had paid me when i was furloughed 5 days at full pay and another week at furlough pay . There are people off now for xmas i am still working and i feel that i have been unfairly penalised Surely they should have just paid me a full five days money and full money for the other days i was physically working and furlough money for the two weeks i was furloughed for. 

General_Grant

doris540 said:

Where i work the holidays go from Jan to Dec. At beginning of Dec I was told i was going to be furloughed. Which i was for 2 weeks. When i went back to work I said i still had 5 days holiday left. They said they would pay me it. When i got paid there was no sign of the 5 days holiday. When i asked they said they had paid me when i was furloughed 5 days at full pay and another week at furlough pay . There are people off now for xmas i am still working and i feel that i have been unfairly penalised Surely they should have just paid me a full five days money and full money for the other days i was physically working and furlough money for the two weeks i was furloughed for. 

Do you get the statutory minimum of 5.6 weeks paid leave or do you get more than that?
Were the people who are off now for Christmas furloughed when you were or were they working?

Brynsam

doris540 said:

Where i work the holidays go from Jan to Dec. At beginning of Dec I was told i was going to be furloughed. Which i was for 2 weeks. When i went back to work I said i still had 5 days holiday left. They said they would pay me it. When i got paid there was no sign of the 5 days holiday. When i asked they said they had paid me when i was furloughed 5 days at full pay and another week at furlough pay . There are people off now for xmas i am still working and i feel that i have been unfairly penalised Surely they should have just paid me a full five days money and full money for the other days i was physically working and furlough money for the two weeks i was furloughed for. 

Unless there are lay off provisions in your contract (?are there), you have to agree to be furloughed - did you? If so, what did you agree to?

doris540

i was just told i was furloughed, there are no ref in contract to been laid off. The people that are off now some had xmas booked off and were working when i was furloughed others were also told that they would be paid their holidays and are still furloughed so i can only presume that the same scenerio has been applied to them. Surely theyve shot themselves in the foot to a point because they cant claim the furlough money if they are suposedly paying people holiday money instead of furlough money. I get the normal allowance for hols.

getmore4less

Unless these holidays are in excess of the statutory they can't pay them they must cary over if not used. 

They can have you use them while on furlough with appropriate contractual notice or default of twice the period of holiday. 

They can't retrospectively say you were on holiday.

connor0811

Where I work furloughed workers kept their holidays, any that were booked in were automatically cancelled (if they fell within the period they were furloughed) and added back to allocation. If they can’t take them before the end of the tax year, which our holidays run to, they get carried over and can be for up to 2 years.
I’m 99.9% sure this is in line with what the government set out so should be the standard.

General_Grant

connor0811 said:

Where I work furloughed workers kept their holidays, any that were booked in were automatically cancelled (if they fell within the period they were furloughed) and added back to allocation. If they can’t take them before the end of the tax year, which our holidays run to, they get carried over and can be for up to 2 years.
I’m 99.9% sure this is in line with what the government set out so should be the standard.

I'm afraid you are wrong.
Your workplace is far from being in line with what is standard.  But you are correct that statutory holiday can be carried forward whereas in normal times only 8 days could be.

Savvy_Sue

General_Grant said:

whereas in normal times only 8 days could be.

That's the maximum amount of paid holiday which can 'normally' be carried forward, but if your employer gives more than the statutory minimum of 28 days, then it may be possible to carry forward anything above 20 days without breaching the WTR. However, your employer does not normally HAVE to allow you to carry any leave forward, as long as they do not deny you the opportunity to take it.

My employer gives an additional 8 days, but we are only allowed to carry forward 5 days (pro rata downwards for p/t staff). 

PLUS we are being encouraged to take our leave during lockdown: the managers do not want everyone taking leave as soon as we are all allowed back in the office. So even though they COULD allow us to carry more leave forward than usual, they are not doing so. 

I haven't quite been able to get my head round the OP's first post, but hope they're able to resolve it shortly. 

robatwork

They shouldn't just do that without letting you know first.

Is all this verbal or did you get anything in writing regarding furlough, and also holiday?