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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.
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
thanks, ***** ***** mean that if you do overtime, then payment for that is guaranteed?
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?
You are most welcome
Hi, as that is a separate topic please post as a new question, many thanks
not sure, sorry - it could be included in your trial but I do not deal with that side of things