Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
Can I just check, how long have you worked for your employer?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. The Government scheme will allow employers to backdate any claims for furloughed employees back to 1 March so if there are days when you were asked not to come in to work and did not receive any pay you can ask the employer to include these in their claim – it costs them nothing to do so. I therefore suggest you make it clear to the employer that you expect them to include all days this week when you were not asked to go in to work as that is what the scheme was intended for and it is basically free money from the employer’s perspective so it makes no difference to them, but makes a great difference to you.
Does this answer your query?
Does your contract say you can be laid off unpaid if needed?
Ok in that case you are due normal pay for that day, otherwise it would be a breach of contract, however the employer can include it in the furlough if they so choose – so it is a case of either including it in the furlough and getting part of your pay, or not including it and then getting normal pay – it is up to them. Does this clarify things a bit more for you?
All the best