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Payment of Holiday Pay whilst on Furlough Leave

Payment of Holiday Pay whilst on Furlough Leave

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My understanding was that an employee could request to be paid for a holiday whilst on furlough leave and that these would need to be paid at 100%.  I also took it that they would need to be excluded from the claim against the JRS.  However clients have picked up from online searches people advising employers to make their employees take their holidays and also submit a claim for these against the JRS.  This can't possibly be right but can't find anything to back me up.  Can anyone help?  

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Replying to ireallyshouldknowthisbut:
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By kathyk0410
06th Apr 2020 17:16

Thanks - I must have read this 100 times already - it doesn't specifically deal with the payment of holiday pay though?

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JCACE
By jcace
06th Apr 2020 20:03

Have a look at ACAS here https://www.acas.org.uk/coronavirus/using-holiday
Whilst not explicit, nor quoting official guidance, it suggests that holiday can't be taken while on furlough, but I would have thought it could be taken beforehand.

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Replying to jcace:
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By ry4n
07th Apr 2020 09:09

The ACAS article also says this:

"If an employee is 'furloughed' (temporarily sent home because there’s no work), they can still request and take their holiday in the usual way. This includes taking bank holidays."

This obviously doesn't mean holiday pay can be claimed under CJRS, as that would be dependent on the rules of the grant scheme (and the guidance is mute on holidays at the moment).

It does beg the question though, if holiday is NOT payable under CJRS, does an employee requesting/taking holiday during furlough break the 3-week minimum furlough period?

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By Lee11_1989
06th Apr 2020 20:08

I'm having the same problem.

Many employers are trying to enforce mandatory holiday, pay full pay for that week or two, but still claim the 80% government. Therefore getting their employees to use holiday at 20% of the cost. At best, it seems highly unethical.

But I can't see that it's logical for the government to allow this? They've foreseen the issue with fitting in holidays later by allowing it to be carried forward for up to two years.

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Replying to Lee11_1989:
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By kathyk0410
06th Apr 2020 20:25

I'm completely 100% with you on this - but there are articles from employment lawyers saying that they can. However if it is possible then why isn't everyone doing it.

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Replying to Lee11_1989:
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By kathyk0410
06th Apr 2020 20:37

duplicate deleted

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