Employer using furlough to pay notice period

kayleigh236

I was informed by my employer that I've been made redundant from my full time job (been working there for 8 months). At the same time they gave me notice that I am being furloughed. They informed me they are doing this so they can use the furlough to supplement my 8 weeks notice pay. They said they legally are allowed to do this. I've said that I refuse to accept furlough if this is how they are intending to use it as it should be used to help me not them. The government websites say that both the employer and employee must agree to the furlough but they have said their lawyers have said this isn't the case. Can anyone give any practical advice on this? 
To confirm, the company has no HR. They are also not in financial ruin and have kept the vast majority of the staff off furlough and to my knowledge have put some people on furlough without the redundancy.

Jeremy535897

The 8 weeks notice is presumably a term of your contract of employment, as you are entitled to just one week's statutory notice.
Guidance to employees:

"Both you and your employer must agree to put you on furlough - so speak to your employer about whether they can claim. Once agreed your employer must confirm in writing that you have been furloughed to be eligible to claim. Contact your employer if you do not receive confirmation.

If you are concerned that your employer has claimed on your behalf but is not paying you what you are entitled to as described in this guidance you should raise this with your employer in the first instance, then with the Advisory, Conciliation and Arbitration Service (ACAS)."

I don't know why their lawyers seem to think they can get round this.

kayleigh236

Thanks for your response. I believe the lawyers are suggesting that,  based on updates  to the scheme, my employer doesn't need my permission to put me on furlough. I am being made redundant and they are using the furlough scheme to supplement my notice period payment - hardly in line with the government's intention of the scheme being for retention. 

7Phil

Well, I think the lawyers are taking this view on the basis that redundancy is inevitable. Even if you don't agree to furlough you can be made redundant anyway as long as it is done in accordance with employment law. You would be entitled to a minimum redundancy pay.
I imagine the lawyers are saying this is on the right side of the rules because you can be made redundant at the end of the furlough period too. The rules also say that you can be made redundant while you are on furlough.

8 weeks is a very generous offer as a notice period. You said they are furloughing you to "supplement their notice pay". Does this mean you are furloughed for 8 weeks on 100% pay? That's incredibly generous for 8 months service. However, if they expect you to still work for 8 weeks then that means the employer cannot claim their supplement from HMRC.

The JRS grant is a grant to help employers (which the workers then benefit fully from). It is there to help them, and then they help you.

If you don't agree to their terms then your alternative is far less generous that that deal... If I were you would just take the money and go.