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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70445
Experience:  Qualified Solicitor
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I have returned to work after being furloughed. When I

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Hello, I have returned to work after being furloughed. When I applied for holidays I was told that my holiday pay would be made up of a percentage of payment from furlough and the remainder from the company. Is this correct. I'm a bit worried that there i something wrong with this.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I mentioned it to my MD when he signed the form and also to a manager who looks after the office, but he said he didn't have any information despite looking for it.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I an a part-time employee and we don't have a union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. Please can I just check, how long have you worked for this employer?

Customer: replied 16 days ago.
No problem, sorry for the delayed response
Customer: replied 16 days ago.
3 years

Thank you. Did you take the holidays during your period of furlough?

Customer: replied 16 days ago.
No, it was after.

Ok thanks. I am a bit unclear on what they mean by what they have proposed. If you are no longer furloughed how would hey use furlough payments for your holidays?

Customer: replied 16 days ago.
No idea! However if something has happened that shouldn't have, I don't want to be any part of it.

Thank you. If you had taken holidays during furlough (which is allowed), the employer could have used the furlough payments covering that period to use towards your holidays, topping them up on the relevant days to ensure you get 100% pay. If you are now no longer on furlough then the employer cannot claim furlough for you and thus cannot cover your holidays with furlough pay.

However, what they can do is look at flexible furlough which can cover your holidays through furlough. See here for more details:

https://www.fcsa.org.uk/the-newly-flexible-coronavirus-job-retention-scheme-and-its-effect-on-workers-holidays/

What is important to note is the following paragraph:

“However, the guidance states that employers should not place employees on furlough simply because they are on holiday at that time. It is likely that this would be regarded as an abuse of the scheme. With HMRC’s apparent commitment to cracking down on companies falsely taking advantage of the job retention scheme, this is something employers would be well advised against. Although not specifically expanded upon in the guidance, it is thought that this means that an employer cannot deliberately move an employee onto furlough leave because they have booked annual leave. In the same vein, it appears that employers must not move an employee whose furlough period had finished back into the furlough scheme simply because they have booked a holiday.”

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 16 days ago.
It makes perfect sense. I will read the link you have sent. If I feel unhappy with the way things have been carried out, where would I go from there?

Challenge the employer first and make your position clear, reminding them of what they are doing wrong. After that, they can still proceed as they wish but you are not going ton be at fault if they claim incorrectly. If needed, you can report them to HMRC as well

Customer: replied 16 days ago.
Thank you vert much floor your help, it's really appreciated

You are most welcome and all the best

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 16 days ago.
Brilliant. I have been trying to get an answer to my question for a few months now, chatted on line to Ben to gave me the answer with just one visit! Fantastic.

Thank you for taking the time to leave your feedback - it was my pleasure helping you with your query. All the best