New Employer now not able to employ

lgregory1970

I handed my notice in with my employer on 13 February and signed a binding contract for a new job on 28 February. I was due to start working for them on Monday but they rang me today to say they aren’t able to now employ me as 80% of their workforce are on furlough leave, they can’t employ new people and put them straight into furlough, so I am now without a job, have picked up £350 a month new car last weekend after they reassured me I would be starting next week, where do I stand and how come if I have a signed contract of employment from them, how isn’t it binding?

turnergwt

Hi, sorry I can’t answer your question but I am in the exact same position. Was also due to start Monday, now nothing and can’t go back to my previous employer due to the position they are now in, would have been furloughed though.

InA

lgregory1970 said:

I handed my notice in with my employer on 13 February and signed a binding contract for a new job on 28 February. I was due to start working for them on Monday but they rang me today to say they aren’t able to now employ me as 80% of their workforce are on furlough leave, they can’t employ new people and put them straight into furlough, so I am now without a job, have picked up £350 a month new car last weekend after they reassured me I would be starting next week, where do I stand and how come if I have a signed contract of employment from them, how isn’t it binding?

Sorry to hear that. With regard to your car, check your contract to see what your cancellations rights are.

Rose_Hill12345

Hi
Firstly, if you are certain you have a binding contract then your employer should not simply tell you that they're no longer going to employ you.
They must either defer your start date or serve notice that they are terminating the contract altogether. If they are doing the latter, they must pay you a sum in compensation, in lieu of notice, which is equivalent to the termination period set out in your contract. Look at your contract - if it does not specify your notice period then they must pay you a minimum statutory amount equivalent to at least one week's pay. 
(If you don't have a written contract then you may still have a contract. Look at Citizens advice bureau website about offer and acceptance of employment contracts).
Finally, your new employer cannot furlough you because you were not on pay roll on 28 February.
If you were on payroll for your former employer on that date, then they can furlough you at no cost to them, although it is at their discretion to do so. Hopefully you are on good terms with them. 

lgregory1970

I have contacted my old employer and because I wasn’t made redundant and instead resigned to start a new job they are unable to re-employ me back on to furlough payments, even though I was on the payroll in February, is this correct?

Jeremy535897

There are pages of advice on this forum about this subject and the debate is ongoing. The short answer is that, whether they are right or wrong, you can't make an employee furlough you under the job retention scheme.

Hermann

lgregory1970 said:

I have contacted my old employer and because I wasn’t made redundant and instead resigned to start a new job they are unable to re-employ me back on to furlough payments, even though I was on the payroll in February, is this correct?

At this point it is entirely at the employers discretion.

 As the guidance seems to indicate its only for redundancy but many prominent individuals including Martin Lewis and some MPs suggest otherwise no one knows for sure until it's officially clarified.

Nutcase15

Same position very frustrating