Two Questions on Furlough

[Balder]

Hi, I've two questions about the furlough

1. Does the furlough start from the point of the signing of the amended terms letter or earlier as I received a letter from the employer stating that my furlough start earlier

2. Bank holidays and furlough - I was informed that I'm going to be paid 100 percent for the Easter bank holidays, while that may sound a good news at first actually is mainly beneficial to the employer as he have to top up the 80 percent with his 20 and effect I'm loosing two days holiday plus 80 percent that can be paid to me to as a furlough, what are my options in that situation.

[ULA]

Hi, in answer to your questions:

1. Have you been on furlough leave since the date of starting furlough stated in your letter? If so that is when your furlough started, as you can imagine given the unprecedented situation we are in, many companies are sending out letters confirming furlough arrangements and getting you to sign your agreement to the change to your terms and conditions after the event. Not normal practice when someone is being asked to change the terms of their employment but I guess that most people will be in agreement to the change to the furlough arrangement given the situation.
2. Sorry not a straight answer to this question until I know whether your holiday entitlement is based on you being given a certain number of holiday days per year i.e. 20 days plus the bank holidays being paid but not worked.

[Balder]

Hi, thank you for your fast response
On the second question - my holiday entitlement is 32 days per calendar year, including bank holidays and will be pro-rata to time worked and can be taken once accrued.

Thank you again for your answers, I really appreciate your help and advice.

[ULA]

Thanks for the further information so it seems from what you have said that bank holidays are normally a non-working day and are paid as holiday. Furloughed staff must get 100% pay for any holiday which includes bank holidays so yes your employer is obliged to top up the 20%. He is not obliged however to give you back the days just because you are on furlough.

Hope that makes sense.

[Balder]

Thank you for your answer

If the employer is forcing the employee to take a holiday is open to abuse and is beneficial mainly to the employer as the employee is basically asked to give up a holiday for the benefit of the employer. I don't know how moral nor legal is that the Furlough scheme was created as job retention scheme for the benefit of employes who may loose their job due to the current coronavirus crisis, during normal times employer have to pay 100 percent from his pocket for holiday, now it can use the furlough scheme and just pay 20 percent and use the public money and save the rest for himself.....
The other thing is that the employee is loosing holiday entitlement and money as the furlough time can be paid at 80 percent and the unused holidays can be used later.
The third thing from that law case is the equality before the law of the two sides employer and employee as the employer can request, cancel and approve holiday or anything while the employee is left with limited right if any at all just like the feudal times.

Hope that one day the things may improve, greatly appreciate your help and advice only in discussing the law issues is the way forward and for reform