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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68109
Experience:  Qualified Solicitor
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Can overtime be included in furlough calculations, West

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Can overtime be included in furlough calculations
JA: Where is this? It matters because laws vary by location.
Customer: West sussex
JA: What steps have been taken so far?
Customer: my basic is 19,000 but my average including overtime is £38,000 but they’ve only paid me 80% of my basic on this month’s payslip
JA: Anything else you want the Lawyer to know before I connect you?
Customer: when I spoke with my employer & told them that Furlough was based on last years P60 they said they would look into it but I don’t think they have.

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.

Do you get guaranteed pay for working overtime? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 9 days ago.
Overtime is not guaranteed but it has been regular over a number of years, despite my basic being £19,000 my annual income on my P60 was £38,534.09 last year & regularly £40k plus in previous years.

thanks, ***** ***** mean that if you do overtime, then payment for that is guaranteed?

Customer: replied 9 days ago.
Any hours worked over 37.5 in a week are contracted to be payed at 1.3 x hourly rate.

Thank you. It is most likely that these overtime payments should be included in the furlough pay calculations. The guidelines state the following:

Non-discretionary overtime payments

If your employee has been paid variable payments due to working overtime, you can include these payments when calculating 80% of their wages as long as the overtime payments were non-discretionary.

Payments for overtime worked are non-discretionary when you are contractually obliged to pay the employee at a set and defined rate for the overtime that they have worked.

This clearly applies to your case and as such these should be included in the furlough calculations.

Does this answer your query?

Customer: replied 9 days ago.
Thank you hopefully my employer has the same viewpoint.

You are most welcome

Ben Jones and 5 other Law Specialists are ready to help you
Customer: replied 9 days ago.
I need to know where the quoted lines come from.
Customer: replied 9 days ago.
Thanks ��

No worries

Customer: replied 8 days ago.
Can an employer employ a casual worker to carry out the roll of a Furloughed worker or is their obligation to the Furloughed worker first, now that Part time work is allowed for those who are Furloughed.

Hi, as that is a separate topic please post as a new question, many thanks

Customer: replied 8 days ago.
Dose that cost more?

not sure, sorry - it could be included in your trial but I do not deal with that side of things