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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 is your specific question? Please provide as much information as possible too
Have they provided any reason at all as to why they are doing this? and how long have you worked there for? Please also tell me what type of contract you have
Many thanks for your patience. When calculating the reference pay for the furlough payments, the rules specifically state the following:
You cannot include the following when calculating wages payments made at the discretion of the employer or a client - where the employer or client was under no contractual obligation to pay, including any tips, including those distributed through troncs
So as you can see, any troncs payments are specifically excluded and not taken into account when your furlough pay is calculated.
I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?
I can only go by what the rules state. This is a brand new scheme and there are plenty of uncertainty over it so if you believe that it is not done correctly you have to challenge the employer directly or contact HMRC