Furlough

[Furbinka]

I know this is all new for everyone, but I just would like to know where I stand.*

My company ask me to sign agreement that I can be put on furlough, as my contract doesn't covers it.*
I work in a school cafe, and as school was closed we dont have a work. I'm getting paid £13 per hour, 40 hours a week on pro rata basis, not salary.*
My company didn't tell me if they are going to pay only 80% of my wages, which will come from government or they will top it up to 100% pay.*
my questions: Shall I sign such an agreement?*
Shouldn't my pay be calculated differently, as I already earn some money by being pay pro rata?*
Any help would be appreciated please

[ULA]

Hi, yes I can agree that this is all new and those of us with employment law knowledge are thinking very fast.

It would be really helpful if you could anonymise the document and post it up. However if that is not possible do not worry and from what you have said yes the company should just make it clear whether or not they will be making up the 20% or that you will just be eligible for the 80% und the government assisted Job Retention Scheme. That means there is no ambiguity and you know where you are in regard to salary you will receive.

Does your salary get normalised through the years so that you get paid even when the school is on holiday?

[Furbinka]

Yes, I'm paid in 12 equival payments over a year. So for example, in march I worked 40 hours a week @ £13 a hour which would normally be around £2300, but I recieved only £1900 to cover my holiday pay.*

[ULA]

If the company is not "topping up" the 20% then the JRS will cover 80% up to a max of £2,500 per month of an employee's regular wage.*

I would just ask just your employer to confirm whether or not they will be topping up any, part or all of the remaining 20%.
*

[Furbinka]

Ok, so just had confirmation from my employer that they will pay me only 80% of my pay. Where do I stand with it now, as I cannot move my holiday entitlement to other time working only term time please?*
thank you

[ULA]

Unfortunately, given the current situation with the coronavirus there are a lot of people that are being asked by their employers to vary their contracts to move to being furloughed in order that they can keep them on the payroll. To support them do this the government has agreed to reimburse employers with 80% of the employees' salaries, however the employer is not obligated to top up the further 20% and a lot of companies will not be able to do this, particularly if there is no revenue coming into their businesses.

[Furbinka]

I understand all of this, but what happens to my holiday entitlement please. I cannot take holiday in a term time, and I should be pay full pay over the coming easter holiday, not just 80%. Do I understand that right?*

[ULA]

At the moment and until there is any guidance to the contrary, it seems employees required to take holiday during furlough and the pay they will receive during this time will depend on whether you are receiving just the furlough pay at the 80% or an increased amount because the employer is topping up all or part of the remaining 20%.

Hope that makes sense and if I see any new guidance that changes this view then i will post back here.*

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