My rights and pay after being made redundant

harryhoudini

Hi there,

I have recently been furloughed by my company and now that the government scheme is coming to an end in June, they have sent me through a redundancy letter. This is fine and completely expected, however, I have a question around the end of the furlough scheme and also my holiday pay.

1. I was expecting to be paid up until the scheme ends on the 30th of June on normal pay, by this time I will have accrued around 11 days of holiday. I would have expected I would have been paid this on top of my salary, however, in the letter it says that my employment will end on the 16th of June and then they are asking me to take my outstanding holiday from the 16th June to the end of June. Essentially using my holiday up at the end of the month rather than paying me my salary and paying my holiday on top of that. Are they allowed to do this or am I within my right to appeal this? Obviously it will help me and my family out financially if I get the extra 11 days pay so I would rather do this than take my holiday as part of my redundant employment time. Any help on this topic would be greatly appreciated.
2. My second question is also around the end date they have given me. The company has said that it's the furlough scheme gets extended in any form then they will carry on paying me until it comes to a complete end. However, in the email they have sent, they have said my employment will come to an end on the 30th of June. How can I ensure that the company will keep their work and carry on paying me beyond the end of June if the furlough scheme gets extended?

Hopefully, that makes everything clear, if you need me to clarify anything then let me know, I'll be more than happy to go into more detail.
Appreciate everyone's help on this!

Thanks!

diggingdude

if you have no job to go back to should you be getting furlough anyway? Might be best to just take anything they offer

sharpe106

1. They basically do not want to pay the holiday pay after you leave so they are using the government money to pay for most of it. You can appeal but I can't see how it would be successful as they are allowed to make you take holiday by giving you sufficient notice which they have. 
2. You can't. If they extend it great, if not then not a lot you can do about it. 
Obviously it probably be hard to find a job at the moment so use the time to have a look to see what benefits you will be entitled to when you are made redundant.  

ssdkck

When your made redundant on furlough shouldn't your notice period be on full pay rather then the 80% furlough 

Jeremy535897

You are entitled to a statutory minimum amount of redundancy pay. If your contract of employment entitles you to more, you should get more.

These times are very unusual, because the legislation does not contemplate an employee first agreeing to a pay cut, and then being made redundant. There are rules that say that you look at the previous 12 weeks of pay, and use an average to work out the statutory entitlement, but they are unlikely to apply where a wage goes down from one fixed sum to another. Normally you just look at the current pay. The link attached discusses a similar case, although the reason for the reduction is different (full time going to part time).
https://www.xperthr.co.uk/faq/where-an-employee-has-recently-changed-from-full-time-to-part-time-hours-how-should-their-redundancy-payment-be-calculated/60812/
If you do work variable hours, the 12 week rule should apply.