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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 74417
Experience:  Qualified Employment Solicitor
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From November 2013 I was on a full time 40hr per week

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From November 2013 I was on a full time 40hr per week contract with my employer. From 1st July 2019 I transferred to a zero hrs contract. I was furloughed in April 2020 because of corona virus. I have a dispute with my employer as to how my furlough pay should be calculated. My employer is only using the hours I worked between Dec 2019 to February 2020. I believe to be not in line with the Government guidelines. Could anyone please confirm as to how my pay should be worked out.
JA: Have you discussed the zero hours contract issue with a manager or HR? Or with a lawyer?
Customer: Have tried to talk to manager and HR but they are saying there is nothing wrong with the way my pay is calculated
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee, no union on a zero hrs contract
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No i dont think so

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.

What reason has your employer provided for doing this? and how many hours do you work on average each week?

Customer: replied 1 year ago.
The reason they gave was because the head of company said it will be done this way. My hours vary as I am on a zero hrs contract
Customer: replied 1 year ago.
The reason they gave was because the head of company said it will be done this way. My hours vary as I am on a zero hrs contract.

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Many thanks for your patience. The main factor would be whether you had continuous service with the employer across the two types of contracts, or if you started ‘new’ employment in July 2019, without any continuity of service. Depending on that, you have two ways to calculate your furlough pay

The official rules state the following:

Employees whose pay varies and were employed from 6 April 2019 ( this would be the case if your employment was continuous)

If the employee has been employed continuously from the start of the 2019 to 2020 tax year, you can claim the highest of either:

· 80% of the same month’s wages from the previous year (up to a maximum of £2,500 a month)

· 80% of the average monthly wages for the 2019 to 2020 tax year (up to a maximum of £2,500 a month)

Employees whose pay varies and who started employment after 6 April 2019 (this would be the case if your employment was not continuous)

If the employee started their employment after 6 April 2019, claim for 80% of their average monthly wages since they started work until the date they are furloughed, up to a maximum of £2500 per month.

Either way, they should not be using the pay from Dec-Feb and that is not the correct way to do this.

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 1 year ago.
it has thank you

All the best

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