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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.
Do you hours vary, in a sense that you do not have fixed contractual hours and they can change weekly?
Many thanks for your patience, I am pleased to be able to continue assisting with your query now. The new furlough extension comes with its own rules, which you can find here:
This is the section which relates to the way the furlough pay should be calculated.
Specifically it states “All employees on an RTI submission on or before 19 March 2020 will be able to use the CJRS calculations as applied in August 2020 for reference pay and usual hours.”
This means that if you were employed by the employer before 19 March 2020 and you were previously furloughed, it is the furlough calculations submitted in August 2020 that will be used for the basis of the furlough payments now, no matter what your current pay is.
I appreciate this may not be the answer you were hoping for but it is the legal position and all I can tell you is what the law says. I do hope that it at least explains where you stand and I will be happy to clarify anything for you in relation to it. For now, thank you for using our service.
You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best