Holiday pay on furlough

[jeHolls94]

Hi,

I have recently found out the myself and most of the staff at a pub I work at are being placed on mandatory annual leave to cut costs for my employer.
I thought that because of this we would all receive 100% of our wages but my employer has said that he doesn't have to pay us anymore even though this will be taken from our 2021 annual leave.
Can he legally do this ?

Thanks

[ULA]

Firstly to request you to take annual leave your employer must give you double the notice for the time they want you to take, so if they want you to take 5 days leave then they have to give you 10 days notice.

Are you currently on furlough? Even if you are on furlough then any holiday needs to be paid at 100% of salary although your employer can still claim the 80%.

[jeHolls94]

Thanks for the reply.
My employer did not say in the letter how long I would be on annual leave they just stated in the letter
"As the current lockdown measures are still in place and will be for several more weeks/months to come, we have decided we would like you to take annual leave whilst you are furloughed. This will be deducted from your 2021 annual leave entitlement."

Yes myself and the majority of staff are currently on furlough. Should I still receive 100% if I'm on a zero hour contract?

[ULA]

Your employer has to give you the correct notice to comply with the Working Time Regulations 1998.

If full time employees at the company have statutory holiday entitlement, which is 28 day including bank holiday, then you are entitled 12.07% of the hours you work in a week as holiday and then in terms of calculating holiday pay it will be based on your average pay over the previous 52 weeks worked. This will be at 100%.