Help Please

[Gavinausten]

Hello. I’m new in here.
#1 Company Car Allowance

I was told yesterday (03.04.20) by my line manager that I am to be furloughed starting from the 1st April?!? Despite me working 1st - 3rd? I was also told this will be for 3 weeks then taken off furlough and placed on a weeks holiday from my entitlement, then re furloughed and so on till we come out of the other side. I was told this, not consulted with. I haven’t accepted it nor still to this daw, have not received anything official in writing nor have I agreed to anything in writing. They also said that they won’t pay my car allowance whilst this is going on. (Note it is a car allowance, not a travel allowance). I know that you can be un furloughed and re furloughed (just not sure how many times they can do that) but the fact that I have nothing in writing, I have agreed nothing, they want it backdating even though I was working those days and the removal of car allowance all seems a bit shoddy and piecemeal? I need to know my legal stance before I am to challenge it.*

[ULA]

Hi and sorry to hear you are being asked to go on furlough under the Job Retention Scheme (JRS). This is all very new to everyone and we are still establishing how this runs alongside our normal employment legislation.

Firstly, to qualify for furlough you cannot be working for your employer therefore if you have worked up to and including 3 April, you cannot commence on furlough until 4 April.

Since this is a change to your terms and conditions of employment then your employer needs to consult with you and get your agreement which should, once agreed, be confirmed in writing.

Under the scheme yes you can be taken in and out of furlough but as far as I understand it, is to facilitate staff going back to work for their employer for a period of time. With regard to taking it as holiday then although your employer can require you to take holiday at a specified time by the giving of notice double the length of time they want you to take off, you need to establish what rate you employer intends paying you at. Will it be back to full pay for those weeks you are on holiday?

Since the government has amended the Working Time Regulations (WTR) so as to allow workers to carry-over up to 4 weeks’ holiday into the next two holiday years, could this be an alternative rather than force you to take holiday in a period when you cannot leave home? Just an option you could maybe get your employer to consider.

Is your car allowance a contractual benefit? All other employment rights remain the same during furlough and therefore all contractual benefits, such as a car allowance, would continue to accrue in full during any furlough, unless expressly agreed otherwise with you. Given the unprecedented situation we are facing, employers who are placing staff on furlough and therefore getting their acceptance to a reduced rate of pay may also seek to vary benefits for the duration of the furlough such as asking you to forgo a car allowance, particularly if the business is going to experience severe financial difficulty during this time. However, they do need to do this with your agreement.

I hope this information has helped answer your questions but if not then just come back to this thread.
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