Can the employer claim the 80% furlough for an employee they have paid full pay for bank holidays. The employee dose not work bank holidays it is part of their holiday entitlement.
Thanks. Yes the employer has topped up the 20% but then someone in the office seemed to think that the employer could not claim the 80% from the government as the employee would not have been working as it was a bank holiday
Where a bank holiday falls inside a worker’s period of furlough and the worker would have usually worked the bank holiday, their furlough will be unaffected by the bank holiday.
However, if the worker would usually have had the bank holiday as annual leave, there are 2 options.
The bank holiday is taken as annual leave
If the employer and the worker agree that the bank holiday can be taken as annual leave while on furlough, the employer must pay the correct holiday pay for the worker. Employers may also require workers to take the bank holiday as annual leave with the correct notice periods.
The bank holiday is deferred
If the employer and the worker agree that the bank holiday will not be taken as annual leave at that time, the worker must still receive the day of annual leave that they would have received. This holiday can be deferred till a later date, but the worker should still receive their full holiday entitlement."
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Yes, but the employer needs to top up that day's pay to 100%.
The alternative would be for the employer to carry the day forward as part of that employees entitlement
Thanks. Yes the employer has topped up the 20% but then someone in the office seemed to think that the employer could not claim the 80% from the government as the employee would not have been working as it was a bank holiday
Hi
I thought this might help below bank holidays quoted from government guidance
https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavir...
"Furloughed workers
Where a bank holiday falls inside a worker’s period of furlough and the worker would have usually worked the bank holiday, their furlough will be unaffected by the bank holiday.
However, if the worker would usually have had the bank holiday as annual leave, there are 2 options.
The bank holiday is taken as annual leave
If the employer and the worker agree that the bank holiday can be taken as annual leave while on furlough, the employer must pay the correct holiday pay for the worker. Employers may also require workers to take the bank holiday as annual leave with the correct notice periods.
The bank holiday is deferred
If the employer and the worker agree that the bank holiday will not be taken as annual leave at that time, the worker must still receive the day of annual leave that they would have received. This holiday can be deferred till a later date, but the worker should still receive their full holiday entitlement."