Employees on furlough working elsewhere and AL accrual

[Dovecote]

Hi

We have an employee that we only need 3 days a week now instead of 5 due to C19

She has got herself another permanent contracted part time job for the remaining 2 days week whilst on furlough with us.

We have not changed her contract as hopefully by next Spring we may need her back fulltime.

We have no issue with her having this new job - it's a good solution for both of us , but how does the AL accrual work - does she get AL accrual pro rata and each pay the NI and Pension for hours worked at each place of work or as the primary employer are we liable for all AL accrual or does she get it from both places ?

Many thanks

 

[Newchodge]

If she is working 3 days for you and furloughed 2 days from you, she accrues annual leave for 5 days from you. You are responsible for all NI and pension relating to the amount you pay her. Her other employer is responsible for all NI and pension relating to the amount they pay her. She also accrues annual leave from them.

 

[Dovecote]

HI Cyndy ..

Many thanks indeed for confirming that.

Best wishes

 

[Dovecote]

Further to the initial question ,sorry I have an additional question.

Does when they started their new job have any bearing on this ?

I see the date for being on being on the payroll is 30th October 2020 .

This employee started their additional 2 day a week job on 2nd week October and as a business we only claimed furlough until the 30th September and then called everyone back into work fulltime but as she already had this job lined up , she didn't come in full time that week.

Can we still claim the furlough for equivalent of making her up to full time hours ?

Thanks

 

[Newchodge]

When, after 30 September was she on furlough from you? As she had already been furloughed by you the 30 October payroll date does not affect you.

 

[Dovecote]

She was on furlough in 3 weeks off , 3 weeks at work rotation from April through to end of September as we couldn't do part time at that time, then we had everyone back in from Oct 1st but as she had already found herself this part time job, she didn't return to work a fulltime week.

We had already identified early on in the summer that her position wasn't required full time until at least next Spring so it was going to be reduced hours or redundancy so this parttime job was a great solution for both parties.

Since 1st Ocober she has worked 24 hours each week for us and 16 hours for another business.

So am I right that we can now claim 80 % of her non worked hours for us up to 32hrs, so as she works 24 hrs for us , we can claim for and pay her an extra 8 hrs a week furlough ?

I was just concerned that the new furlough has to be based on weekly hours worked on 30th October or some other milestone and didn't want to find down the line we had got it wrong.

Many thanks

 

[Newchodge]

When, after 30 September was she on furlough from you?

Please just answer that question

 

[Dovecote]

The 30th September was her last day of furlough .
Thanks

 

[Newchodge]

Then she is not on furlough and you cannot claim anything. Have you negotiated a contrract change to reduce her hours? If not you should be paying her full salary.

 

[Dovecote]

Then she is not on furlough and you cannot claim anything. Have you negotiated a contrract change to reduce her hours? If not you should be paying her full salary.

Many thanks . I appreciate your help .