Refusing furlough - HELP!

purple-rain_3

Hi everyone. Hope you are well at this troubling time.

My employer told me yesterday that I will be placed on furlough leave from the end of next week for "at least 90 days".

Unfortunately they are refusing to "top-up" the government's £2,500 to reflect 80% of my salary. My salary is much higher and £2,500 is less than 50% of my normal salary. I am not being ungrateful but I literally cannot live off of £2,500 pre-tax given my mortgage and monthly financial commitments.

I understand that my consent is required for the furlough leave as it is a change to my employment contract. My question is, if I refuse consent, I assume my employer's options are: (a) keep me on; (b) terminate my employment / make me redundant.

I actually have no issue with (b) because my employment contract has an 8 month notice period and I want to find a new job anyway. So presumably that means I would receive full pay for 8 months? Is there any way they can wriggle out of this?

FWIW, my employer is one of the biggest companies in the world and is clearly (in my opinion) abusing the purpose of the government's scheme.

Thanks for any advice you can share. I realise I probably need to reach out to an employment lawyer but thought I'd test the waters here first and see if anyone has any thoughts.

gary83

you you are correct, your company has absolutely no obligation to top up the government’s contribution. You are also correct you can refuse it and then the company’s options are to either keep you in employment or make you redundant, I’d be very surprised if the terms of the redundancy offer were to be pay you out the remaining 8 months of your contract. 

purple-rain_3

gary83 said:

you you are correct, your company has absolutely no obligation to top up the government’s contribution. You are also correct you can refuse it and then the company’s options are to either keep you in employment or make you redundant, I’d be very surprised if the terms of the redundancy offer were to be pay you out the remaining 8 months of your contract. 

But 8 months is my contractual notice period so how can they get out of that?  

gary83

Redundancy is different,  have a read of the governments redundancy guidelines below , look at notice periods & redundancy pay

https://www.gov.uk/redundancy-your-rights

robbiez

I would triple check your contract with an employment lawyer before making any decisions.
Surely one of the biggest companies in the world would have lots of exit clauses written into the contract.

purple-rain_3

gary83 said:

Redundancy is different,  have a read of the governments redundancy guidelines below , look at notice periods & redundancy pay

https://www.gov.uk/redundancy-your-rights

Thanks but the government guidance says:

Check your contract. Your employer may give you more than the statutory minimum, but they cannot give you less.

gary83

the statutory minimum is not 8 months.

purple-rain_3

gary83 said:

the statutory minimum is not 8 months.

Sorry Gary but you're missing the point.  The government website says that your contract cannot have LESS than the statutory minimum but it can have more.  Mine has 8 months.  I've seen nothing that says redundancy is excluded from the contractual notice periods that are in one's employment contract.

robbiez

Does it say redundancy is included in the notice period of eight months?
If it doesn't, it isn't and it will be the statutory minimum.

purple-rain_3

robbiez said:

Does it say redundancy is included in the notice period of eight months?
If it doesn't, it isn't and it will be the statutory minimum.

Yes, it covers all terminations.

gary83

all terminations? Do you think if you were sacked for stealing for the company they’d have paid you the remaining 8 months salary regardless?