Drop in Hours due to Coronavirus

[Superdryguy2k10]

Hi All,

 

I know this is all very new to us but am hoping someone can help us.

My partner works for a nursery where she is contracted PAYE for 27 hours.

 

They have recently reduced her hours to 15pw commencing from tomorrow due to Covid-19 and understandably a lack of children attending the nursery.

 

Last week it was reported that PAYE would receive 80% of her wage but her employer is saying she gets paid hours worked.

 

Does anyone know where we stand?

 

Thanks all

[unclebulgaria67]

A contract of employment with no clause which allows the reduction in hours, means that she is entitled to the contracted hours pay as stated in the contract.  I suspect that the 27 hours stated comes with a clause that allows the employers to adjust the hours.  I would be surprised if they had not done this.

 

But here is the problem.  What can she do about this ?  Employment tribunal would be too far in the future and the employers may just decide to end the employment anyway.   How long has she worked for them under a permanent contract of employment ?   Less than 2 years means that employment rights are limited.

 

The ACAS website is worth reading  https://www.acas.org.uk/

 

Are you claiming Universal Credit or tax credits ?  If yes, these should adjust if the earnings are reduced.  Have you looked into this ?

 

Use a benefits calculator

 

https://www.gov.uk/benefits-calculators

 

 

[Superdryguy2k10]

Thanks for the response.

 

She has worked for them for 6 years approx, so appreciate she has rights for unfair dismissal etc if it ever gets to that position.

 

This is only a temporary reduction of hours to the current situation and would go back to 27 hours.

 

Would she not entitled to 80% of the 27 hours under the new rulings by the government? Or would that be 80% of her new 15 hours.

 

Regards

[BankFodder]

If it was entitlement to 80% of the 27 hours then a reduction to 15 hours with the 80% supplement would put her in a better position. I can't all imagine that this could be right

[Emmzzi]

the 80% is if you are furloughed - you are not working at all. You can't use it to make up some of a wage.

 

This is however all very new so employers are working through it.

 

If I were the employer I might

- keep some people working on normal hours

- furlough others at 80% people at 80%

 

But how do you choose?

 

https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/covid-19-guidance-for-employees#furloughed-workers

 

So. She could ask to be furloughed. She could ask for her normal hours.

 

I don't think anything is going to court for a long time; so it's time to influence, charm and negotiate.

 

 

 

 

[Superdryguy2k10]

Perfect, thanks guys.

In theory she is better asking to be furloughed and then should get 80% of her pay. If the employer then chooses to disperse the extra hours between other staff then so be it.

 

Appreciate the guidance.

[Emmzzi]

The other workers may disagree, of course. They take risks. She  stays home and takes none.  It might be based on risk. Vulnerable people at home, etc, when it comes to the choice.

 

But offering to be furloughed is not a bad starting point.

[unclebulgaria67]

What if the employers will not be taking up the furloughed working arrangement being offered by Government ?

 

 

 

[Emmzzi]

3 minutes ago, unclebulgaria67 said:

What if the employers will not be taking up the furloughed working arrangement being offered by Government ?

 

 

 

Then you're stuffed, broadly.

[Hammy1962]

Well, that's good, for the first time in many years I have learnt a new word.

 

H

[BankFodder]

8 hours ago, Hammy1962 said:

Well, that's good, for the first time in many years I have learnt a new word.

 

H

 

What, stuffed????