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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to think I’ve been shafted by work?

61 replies

WhatACovidNightmare · 05/11/2020 18:33

Hi Mumsnetters,

I've been on maternity leave and was due to go back part time but use some of my holiday allowance to get paid my full time salary. A lot of my holiday was carried over as they told me they were not able to pay my accrued holiday during my maternity leave as was planned.

As I was due to go back, my work (which has been significantly affected by Covid) said they couldn't pay my holiday pay (again) until the new year and would need to come back part time but on part time pay. Fine, it's only a couple of months and wanted to do my bit to help despite this not being something we had budgeted for.

I started back part time last week but now due to the latest lockdown I have been furloughed.

Now my work have said that I will be paid 100% of my part time hours (rather than the 80% furlough) but need to take the same amount of holiday days as I am having off. So essentially I'm having to take 10 days holiday but receiving 2 days pay. What’s extra annoying is that had I been getting my holiday pay as planned, my working hours wouldn’t have changed and I would have been eligible for furlough on my FT hours.

AIBU to think I’ve been totally shafted?

YABU - Covid is just a shitty situation, you’re being propped up by the taxpayer so should count yourself lucky. It’s a few days holiday and not worth souring relations and putting your neck on the chopping block for.

YANBU - it’s totally unreasonable for them to expect you to use your holiday in this way. This is money you are entitled to and time away from your family.

To add - I have worked there a very long time, was not given a generous maternity package (a couple of weeks over statutory) but they were flexible with my return date allowing me a bit of extra unpaid leave as my DC didn’t settle at childcare well.

Thanks if you got this far!

OP posts:
Didntgetmydiamondring · 05/11/2020 18:39

and was due to go back part time
If you were going back part time then why would you get furlough of FT hrs?
I would have been eligible for furlough on my FT hours
Sorry if I’ve read something wrong.

NoSquirrels · 05/11/2020 18:41

I’m not sure I quite understand your set up with the holiday pay in the first place, it sounds unusual.

Usually, you return after maternity leave to whatever hours you’ve agreed (part-time or full-time) and you have accrued holiday to use up.

Are you saying you’d agreed to go back on full-time hours but work part-time to use up your holiday pay?

Either you’ve agreed to go back full time or you’ve agreed to go back part time- and it seems like somehow your agreement has been muddled up with the ‘extra’ holiday time?

Original poster
WhatACovidNightmare · 05/11/2020 18:47

Sorry if the post was confusing!

I was due to start back part time for the first few months. Using up my extra holiday to remain on full time pay. I was then told they weren’t able to pay me my holiday so I was only able to be paid for the hours I would be working.

Hope that makes it clearer!

OP posts:
NoSquirrels · 05/11/2020 18:47

What’s more usual is

You agree to go back on a part-time contract.
You have holiday accrued to use up.
You take your holiday on your normal part-time working days, thereby giving you extra paid time off with the baby.

Or

You agree to go back on a full-time contract.
You have holiday accrued to use up.
You take holiday days sporadically e.g. 2 days a week, reducing your hours temporarily to ‘part-time’ for a few weeks.

Original poster
WhatACovidNightmare · 05/11/2020 18:48

I was only told I wouldn’t be getting my paid holiday as planned the week before coming back so was obviously not in a position to secure additional childcare and return back full time immediately

OP posts:
Racoonworld · 05/11/2020 18:49

I’m a bit confused, how many days are you going to be working per week and how many days leave are they wanting you to take per week? How many days pay per week?

NoSquirrels · 05/11/2020 18:49

But is your contract full time or part time?

It’s part time, right?

The scenario you’re describing is your contract is full-time, then it got changed to part-time.

Original poster
WhatACovidNightmare · 05/11/2020 18:50

@NoSquirrels “You have holiday accrued to use up.
You take holiday days sporadically e.g. 2 days a week, reducing your hours temporarily to ‘part-time’ for a few weeks.“

Yes this was my understanding of the situation but now they’re saying that my contracted hours are part time.

OP posts:
Original poster
WhatACovidNightmare · 05/11/2020 18:51

@NoSquirrels I haven’t signed a new contract if that’s what you mean?

OP posts:
NoSquirrels · 05/11/2020 18:52

When you discussed returning to work, were you expecting to return on a full time basis eventually?

Original poster
WhatACovidNightmare · 05/11/2020 18:52

TBH the main bugbear is that I’m being furloughed but in addition and being told to give up holiday days to cover these days even though I will be getting paid through the furlough scheme.

OP posts:
Original poster
WhatACovidNightmare · 05/11/2020 18:53

@NoSquirrels

When you discussed returning to work, were you expecting to return on a full time basis eventually?
Yes 100%
OP posts:
NoSquirrels · 05/11/2020 18:57

They need to furlough you on your FT hours, I think?

Your holiday pay is a red herring and I’m not actually sure it’s legal what they proposed about ‘not being able to pay you’.

Either you’ve put in a flexible working request to change your hours to part time which your employer agreed to OR you’ve returned to work on a full time basis as per original contract & terms.

Hopefully someone more knowledgeable can help you unravel it.

Walkersjalapeno · 05/11/2020 18:57

Be careful. Financially they would be better off furloughing you and getting 80% of your full time pay fully funded (except Employers NI) which would be cheaper than them paying you in full for part time hours. If you use your annual holiday entitlement during furlough, you are entitled to 100% pay for that.
If they have asked you to work part time and you have agreed, this would be a temporary variation of your contract. Have they asked anyone else to reduce their hours/ lose out on holiday pay? If not, this could be seen as sex discrimination as you have been off on maternity and the easiest employee to bear the brunt of the companies financial hardship. This is unfair.
I would highly recommend speaking to ACAD or an employment lawyer, before you agree to anything that may well render you unable to act further down the line (as you have already agreed to a variation in contract). Did they follow a consultancy procedure? They say they can’t afford to pay you your entitled holiday pay, is anyone else not receiving money they are owed or just you?

Walkersjalapeno · 05/11/2020 18:58

Sorry ACAS not ACAD!

Original poster
WhatACovidNightmare · 05/11/2020 18:59

@Racoonworld

I’m a bit confused, how many days are you going to be working per week and how many days leave are they wanting you to take per week? How many days pay per week?
3 days a week (I used the example of 10 days for 2 days pay as it reflects the 80/20 percentage split of furlough). Essentially for every day I am furloughed I am being asked to take the same in holiday (but only receive 20% of my day rate for this) which seems crazy to me.
OP posts:
sunlight81 · 05/11/2020 18:59

Sounds like u were told u would be on a full time contract but using 2 days a week of annual leave to reduce ur hours. So u were never "part time" u were always full time but using 2days a week of annual leave.

U've been screwed over and should be receiving 80% of ur full time pay.

I think u have confused matters by introducing the words "part time" as this was never the case.

Walkersjalapeno · 05/11/2020 19:01

I should add, the request to cut your hours should follow a similar process to redundancy if it is a case of restructuring the company due to cash flow. They have to show all roles were considered when cost cutting- not just yours. All about equal treatment not easy targets due to maternity

sunlight81 · 05/11/2020 19:03

Didn't realise u should get 100% of holiday pay as per a PP.

I would imagine u should get 80% of ur full pay and carry over all annual leave

Or 100% of ur annual leave for two days and 80% of three days (as this was ur working pattern.

ACAS is a good shout

Original poster
WhatACovidNightmare · 05/11/2020 19:08

Thanks everyone, I haven't had anything formal up to now. Everything has been over phone / zoom. As far as I'm aware, no one else hasn't been given their holiday pay and hasn't been asked to use up their holiday days to top up their furlough.

OP posts:
Original poster
WhatACovidNightmare · 05/11/2020 19:10

@sunlight81

Didn't realise u should get 100% of holiday pay as per a PP.

I would imagine u should get 80% of ur full pay and carry over all annual leave

Or 100% of ur annual leave for two days and 80% of three days (as this was ur working pattern.

ACAS is a good shout

To confirm as I think there's a lot of confusion over this (probably because it makes no sense!!)

They are furloughing me for 3 days a week but for those SAME 3 days I am using up holiday. So in a week I'm being paid 100% of pay - 80% from furlough and 20% from holiday - thus losing 80% of these holiday days.

OP posts:
Original poster
WhatACovidNightmare · 05/11/2020 19:11

*That's 100% pay for the 3 days

OP posts:
Walkersjalapeno · 05/11/2020 19:13

Yes, holiday pay is paid at 100% and not subject to furlough. You need to make a timeline of notes, what was asked and agreed. This is definitely unfair treatment, and sounds like you are the easy target due to maternity leave. Don’t let them shaft you- keep everything in writing now.
Your contract of employment states you are full time, there has been no official variation in contract, they are in breach of contract by not paying you what you are owed, they are not treating anyone else in this way..... please get proper advice. An hour with an employment solicitor (I used a junior in a law firm) will give you the advice you need, what you need to don next and what questions you need to ask them in writing.

Walkersjalapeno · 05/11/2020 19:15

Just read your update. What they are doing is illegal- they can only claim furlough if you are furloughed, NOT on annual leave. They either pay you in full for your annual leave, or they furlough you and you keep your holiday entitlement.

Walkersjalapeno · 05/11/2020 19:16

And as you have not agreed to a variation in contract for the hours, the furlough needs to be based on your full time contract.