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Public sector Furlough or payments for Zero hour contracts

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  • Public sector Furlough or payments for Zero hour contracts

    Hi Please help.
    I am a retired 75 years old secondary school teacher. After retiring in 2013 worked at the same school continuously on ZERO hour contract. I was paid on PAYE for the hours worked throughout at an hourly rate as per the letter given to me. My title is BOOSTER CLASS TEACHER, which means withdrawing pupils from lessons and to teach them in small groups. Only Mathematics as my subject.

    I Last worked in March 2020 before the locked down

    I was paid for the hours worked (Claim Form is given) in March at the end of April, usually a month later which is not a problem.

    From April 2020 the school is shut and I did not do any work as no pupils were at school. As such I wrote to HR to verify about FURLOUGH payments

    HR replied and said as they are a Public Sector, that they do not come under the Furlough scheme.
    However after further communications with HR, they said that I would be paid for the hours worked in APRIL 2019
    As it is I was paid at the end of MAY 2020 for the hours worked in 2019April.

    My question now, will I be entitled to the Hours I worked in May, June, July 2019 until the locked down is over. For the moment the Secondary schools may not be opened until August 2020.
    As I am on a zero contract /paid by the hour/ with no booster lessons to work for, when there are no pupils, what would be my position be, please?
    I am paid by PAYE from 2013
    The school has not contacted me yet.
    Your comments would be greatly appreciated
    Thank You,
    WAT
    29/5/2020
    Tags: None

  • #2
    HR are correct public sector workers, as far as i am aware, do not come under the CJRS.

    Being on a zero hours contract the school is not obliged to offer you work in the same way as you are not obliged to accept any hours offered. Therefore given the situation of schools currently being shut there is in effect no work to offer you.
    The school is under no obligation to pay you for hours not workedand I wonder wh
    ether the payment in May, based on the hours you worked last year in April of 2019, was potentially a gesture of goodwill.
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    Comment


    • #3
      Originally posted by wat View Post
      Hi Please help.
      I am a retired 75 years old secondary school teacher. After retiring in 2013 worked at the same school continuously on ZERO hour contract. I was paid on PAYE for the hours worked throughout at an hourly rate as per the letter given to me. My title is BOOSTER CLASS TEACHER, which means withdrawing pupils from lessons and to teach them in small groups. Only Mathematics as my subject.

      I Last worked in March 2020 before the locked down

      I was paid for the hours worked (Claim Form is given) in March at the end of April, usually a month later which is not a problem.

      From April 2020 the school is shut and I did not do any work as no pupils were at school. As such I wrote to HR to verify about FURLOUGH payments

      HR replied and said as they are a Public Sector, that they do not come under the Furlough scheme.
      However after further communications with HR, they said that I would be paid for the hours worked in APRIL 2019
      As it is I was paid at the end of MAY 2020 for the hours worked in 2019April.

      My question now, will I be entitled to the Hours I worked in May, June, July 2019 until the locked down is over. For the moment the Secondary schools may not be opened until August 2020.
      As I am on a zero contract /paid by the hour/ with no booster lessons to work for, when there are no pupils, what would be my position be, please?
      I am paid by PAYE from 2013
      The school has not contacted me yet.
      Your comments would be greatly appreciated
      Thank You,
      WAT
      29/5/2020
      Thank you for your reply.
      I wonder if there is any provision for the school to pay for May June etc
      Not sure if the payment was simply a goodwill gesture.
      There may be some obligation to pay but I am not so sure !
      Please do comment
      Many Thanks
      WAT
      31/5/2020

      Comment


      • #4
        Unfortunately here is no obligation to pay.

        Being on a zero hours contract does not guarantee you to be given any hours of work. There is certainly no requirement, unless stated in your contract (which would be contrary to the purpose of a zero hours contract,) to pay any monies based on hours worked in the equivalent month in the preceding year if work is not available.

        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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