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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 68925
Experience:  Qualified Employment Solicitor
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Few questions about furlough. 1) I understand from

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Few questions about furlough.1) I understand from government website that you still get holiday entitlement from your employee and when this is taken it’s a full rate of pay is that correct?2) bank holiday are also part of my holiday entitlement but have been paid on furlough rate for this. Am I able to claim the difference back from my employee as there been four bank hols so far.3) I started working for my employee august 2019. I have a feeling that they at some point will make me redundant. What is my entitlement as been there nearly a year? What notice period do they have to give me?

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, what type of contract do you have?

Customer: replied 1 month ago.
Full time contract

With fixed hours?

Customer: replied 1 month ago.
full time 37.5h a week

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. To answer your questions:

1. Yes that is correct

2. That depends on whether the bank holidays in question have been taken off your holiday allowance. If they have not, the you cannot expect to eb paid for them during furlough because you will still have the opportunity to take them at a later date. However, if they have been taken off your entitlement, you will be able to expect them to pay you in full for them

3. If you are made redundant, you will not receive redundancy pay because you need 2 years service for that. However you will still get a notice period, which must be whatever your contract says, or if it is silent on that – it will be a week’s notice.

Does this answer your query?

Customer: replied 1 month ago.
1 & 3 yes. Quick question on 2 I have 25 days plus bank hols. Since there has been 4 bank hols already does this mean they need to either give me them days as hols extra or pay me the the holiday rate for these?

Yes correct. So you either get paid in full for 4 days during furlough (or rather it would be a top up to your furlough pay to ensure you get the difference between furlough pay and full pay fir these days), or they just allow you to take an additional 4 days at another time and pay you in full

Does this clarify things a bit more for you?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you

All the best

Customer: replied 1 month ago.
Sorry just read contract I started in august 2019 and completed 6 months. Is this saying they have to give me 2 months notice of terminating contract?

yes that is correct