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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71403
Experience:  Qualified Solicitor
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I have question regarding furlough payments. I worked part

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Good afternoon, I have question regarding furlough payments. I worked part time contract till 6th of April 2020. I have been furlough at 1st of April. My company calculated furlough money 80% of my February salary. I agree with this. From 1st of August I work my full time. Then from 9th of November they furlough me second time. I been told that I will still recieve 80% of my February salary. This definitely not fare to get 80% of part time when you work 40 hours per week. How legal it is? Thank you for any advice. Regards Natalia
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: My manager absolutely agree with me. But HR says they can't pay me differently
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee Not I'm not in Union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I not sure if lawyer need to know that also I'm pregnant. 12 week already

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?

Customer: replied 18 days ago.
I worked 12 months part time after come back from maternity leave. The contract finished 06/04/2020. It was flexi contract just for one year. As I been on furlough from 01/04/2020 till 01/08/2020. My full time contract starts from 01/08/2020. This is permanent contract. I work for this company about 11 years
Customer: replied 18 days ago.
I still happy for online conversation

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:

https://www.gov.uk/government/publications/extension-to-the-coronavirus-job-retention-scheme/extension-of-the-coronavirus-job-retention-scheme#what-employers-can-claim---calculations

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.

Customer: replied 18 days ago.
Thank you!

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

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