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Minimum wage & pay

2 replies

crapcrap · 09/06/2020 09:34

Minimum wage increased in April from £8.21 to £8.72.
Last time minimum wage increased I had to notify my employers through my manager as they weren't "aware".
I have been furloughed since 3rd April so just after minimum wage went up. I didn't realise it went up therefore didn't notify them (not that I should have too)
They've been paying me £8.21 ph since April. They now want me to return in two weeks- I've told them minimum wage went up to which my manager said "he'd check". He's just confirmed they want me back to work but didn't mention minimum wage. I will make sure they pay me minimum wage when I'm back.

Question is: do I have any right to ask for the money?
I worked it out that the pay gap adds to £88.00 (£70.00 odd if they calculate it on furlough pay)

Personal side of it- they know I'm a single mum and have been struggling for money with the furlough pay.
This has all come about because they took me off furlough pay for 1 week and paid me holiday so my next universal credit payment will be a fair bit lower. They originally didn't want me back until July.

What would you do?

OP posts:
prh47bridge · 09/06/2020 15:31

While you are furloughed they don't have to pay you NMW. Under the furlough rules they only have to pay you 80% of NMW, which works out at £6.97 per hour. As they have been paying you more than that you don't have any absolute right to the extra but there is no harm in asking since it seems they intended to top up the furlough payment to match your normal pay. They must, of course, pay you at least £8.72 per hour once you start working again.

flowery · 10/06/2020 09:15

Furlough pay is based on what you were earning in February (or an average if your pay varies). The fact you would have had a pay rise since then is irrelevant. NMW doesn’t apply while you’re not working.

Once you’re working again, you’ll be entitled to NMW.

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