Furlough loopholes?

Olivault

Can i be on Furlough whilst being in lockdown abroad?
Anyone help?

sliphi

Rudess said:

calcotti said:

It seems entirely reasonable that they can end your furlough if they choose and/or make you redundant. In the meantime you will be getting paid whereas if they make you redundant now you will not.

If they made me redundant, they still need to pay me the notice period payment in lieu. The only issue is now of trust, whether they could be trusted to keep me on furlough for these next 2 months, as it will help me in terms of more time to find new job and at no cost for them. Obviously if i find a job in a couple of weeks, I can hand my notice and get out of furlough - I have no intention to be long time on furlough.

They do indeed need to provide you with notice (or pay you in lieu) in accordance with your terms of employment.
I'm not sure what that notice period is, but the government has recently extended the end date of the CJRS to at least the end of June, and there is no reason I can see why your employer has not already given you such notice.

You should also be entitled to redundancy pay (depending on how long you have worked there), so I would suggest you don't voluntarily resign as you would lose out on that entitlement.

Remember, you are allowed to work elsewhere (unless specifically stated otherwise in your terms of employment) whilst you are furloughed by your existing employer.

Rudess

Semple said:

That's not a loophole. That choice is completely down to your employer, you're forgetting that furlough as at the discretion of the employer. There's nothing to legally prevent them from having you on furlough for 3 weeks (minimum req) and issuing you a notice to return to work at week 2, so that when you return to work they can start redundancy proceedings. 

Yes it's a bit of a **** move, as furlough will cost them very little, but at the end of the day they can cease your furlough status at anytime they wish. 

That's exactly my concern. I hope that I can trust them not to renege on the two months furlough.

mobilejo

Rudess said:

Semple said:

That's not a loophole. That choice is completely down to your employer, you're forgetting that furlough as at the discretion of the employer. There's nothing to legally prevent them from having you on furlough for 3 weeks (minimum req) and issuing you a notice to return to work at week 2, so that when you return to work they can start redundancy proceedings. 

Yes it's a bit of a **** move, as furlough will cost them very little, but at the end of the day they can cease your furlough status at anytime they wish. 

That's exactly my concern. I hope that I can trust them not to renege on the two months furlough.

You can't 'trust' them, as there is no promise of 2 months furlough - the government offering it and your employer being able to provide it are 2 different things. There may be more going on in the business than just paying staff wages, and if they cannot continue in business for other reasons, they may have to make staff redundant.

Take whatever furlough you get, and act as if your job has already gone - that way you lose no time in doing whatever you would have done if they had made you redundant already.

SXX

Rudess said:

SXX said:

Have you tried ACAS - see if they can advise?

Haven't tried ACAS, I would prefer to sort it with employer ideally as I would want potentially a good reference for next job. 
Does ACAS look at such things? I think they mediate if you make a claim to employment tribunal about money oweI

In normal times I know you can phone Acas for general advice - so it's up to you if you want to give them a try (if you can get through).   

sharpe106

SXX said:

Rudess said:

SXX said:

Have you tried ACAS - see if they can advise?

Haven't tried ACAS, I would prefer to sort it with employer ideally as I would want potentially a good reference for next job. 
Does ACAS look at such things? I think they mediate if you make a claim to employment tribunal about money oweI

In normal times I know you can phone Acas for general advice - so it's up to you if you want to give them a try (if you can get through).   

I doubt Acas is ever going to waste there time on this. Sure they have better things to do. The employer has generously offered to claim it even though they no longer want the OP. They have put a clause in the offer so that they can stop it if needed and the OP wants it guaranteed that they don't stop it. I think if the OP even tried that the original offer would be gone.