I was fired whilst on furlough. Am I entitled to full pay during the notice period?

RonOldeboom

Hi,
I was placed on the furlough scheme by my employer from 1 April 2020. I was fired on 30 April 2020 with 1 month's notice period still to complete. 
My question is: 
Since I was formally fired on 1st May and still have a one month notice period to complete to the 30th May, should I be payed my full contractual wages for that last month or can they keep paying me my furlough pay for that last month. My reasoning is that when you are fired, you are no longer furloughed in my opinion but I might be wrong.
 Any help appreciated
Kind regards
R

Undervalued

RonOldeboom said:

Hi,
I was placed on the furlough scheme by my employer from 1 April 2020. I was fired on 30 April 2020 with 1 month's notice period still to complete. 
My question is: 
Since I was formally fired on 1st May and still have a one month notice period to complete to the 30th May, should I be payed my full contractual wages for that last month or can they keep paying me my furlough pay for that last month. My reasoning is that when you are fired, you are no longer furloughed in my opinion but I might be wrong.
 Any help appreciated
Kind regards
R

My understand is no I'm afraid.

However any days of holiday that you are owed should be paid at the full rate. They can instruct you to take them as part of your notice, providing they pay those days at 100%. If they forget to tell you to take them you may be able to force them to pay you for them after you leave (again at 100%). However expect a bit of a battle over that!

calcotti

Might find this interesting https://www.personneltoday.com/hr/notice-pay-furlough-pilon/
Like so much it appears not to be straightforward!

epm-84

I think you likely mean you were made redundant opposed to being fired.

If it's redundancy then you've done nothing wrong but the business doesn't see a future for the role that you were filling.

If it's being fired/sacked then you've done something wrong and the business might recruit a replacement to take the role you were filling.  In this case you may not get notice pay as you may have breached the terms of your contract.

The thing that's unclear from your original post is whether the furlough agreement you signed had an end date.  If it's the end of May then it won't make any difference but if it ends before your notice period ends then it's a different scenario. 

Undervalued

epm-84 said:

I think you likely mean you were made redundant opposed to being fired.

If it's redundancy then you've done nothing wrong but the business doesn't see a future for the role that you were filling.

If it's being fired/sacked then you've done something wrong and the business might recruit a replacement to take the role you were filling.  In this case you may not get notice pay as you may have breached the terms of your contract.

That would only be lawful if the misconduct was "gross" in the eyes of the law. Whilst a contract may list some types of behaviour that the employer may treat as gross misconduct, that is not absolute and a tribunal may disagree with them. Equally certain other behaviour may be gross misconduct despite not being on the list!

deacion

I have been on furlough since it started.I had a meeting at work and was told I could take redundancy of £648 or stay on furlough.If stay on furlough when it ends I could resign or be sack but not get redundancy.Can only get redundancy if I take it now.I am 64 years and work part time and have been with my company 3 years.They put me on furlough but I am prepared to work they don't have any reason to sack me and I don't see why I should resign..I don't know what to do and if what there doing is even legal

MovingForwards

deacion said:

I have been on furlough since it started.I had a meeting at work and was told I could take redundancy of £648 or stay on furlough.If stay on furlough when it ends I could resign or be sack but not get redundancy.Can only get redundancy if I take it now.I am 64 years and work part time and have been with my company 3 years.They put me on furlough but I am prepared to work they don't have any reason to sack me and I don't see why I should resign..I don't know what to do and if what there doing is even legal

Start your own thread as not everyone reads and only comment based on the original post.

macman

They are within their rights to offer you voluntary redundancy, with a deadline. If you do not accept it by that deadline, the offer is withdrawn. 
However, beyond that, if they decide to make you compulsorily redundant, then they have to pay you statutory redundancy pay (since you served more than 2 years) and allow you to work your notice, or offer you pay in lieu of notice.
You need to distinguish between 'sacking' and redundancy: totally different things.