Being Paid Under 80% Average Earnings Fulough

[loulou111]

Hi my partner was furloughed from work 4 weeks ago. I was under the impression the Government said companies must pay 80% of average earnings. My partner usually does 49 hours a week. However they are only paying him 80% of his 39 contracted hours. Is this ok for them to do this? And if not what can he do his union have done nothing. It's a huge company as well

[woofgang]

are the extra hours overtime?

[Buenchico]

If your partner is given no choice by his employer as to whether or not he works the extra ten hours, it's non-discretionary overtime and it CAN be taken into account when calculating his furlough pay.

If you partner chooses to work the extra hours, then it's discretionary overtime and it CAN'T be taken into account.

https://www.gov.uk/guidance/work-out-80-of-your-employees-wages-to-claim-through-the-coronavirus-job-retention-scheme#include

[Zacs-Master]

For employees whose pay does not vary, this is their ‘regular’ salary before tax including fees, compulsory commission payments and past overtime (although the expression ‘non-compulsory overtime’ has slipped into the latest guidance) in their last pay period before 19 March 2020 but excluding discretionary bonuses (including tips), commission and non-cash payments. If employers have already calculated payments based on previous guidance up to 28 February 202 then this figure should be used.

For those whose pay varies it is the earnings in the same pay period in the previous year; or the average earnings in the 2019-20 tax year (or fewer if they have worked for less time than this, including a part-month calculation if they were taken in February) whichever is the higher.

https://www.crosslandsolicitors.com/site/cases/coronavirus-job-retention-scheme-Q-and-As

[loulou111]

No it's what is put down in the Rota for him to do automatically

[fiction-factory]

it's up to your partner to agree the furloughed amount with the employer. there needs to be an agreement on both sides.

[fiction-factory]

The employer can only claim back what the hmrc allows as per the scheme. I think your partner's hours may be eligible so he needs to clarify eith employer. Some employers choose to pay more