Employer Still Claiming Furlough After Termination

2 Posts

Hi!
I’ve been reading these boards for years, so thank you to everyone who has helped me with my various questions, but this is my first post.
I am C-19 career victim, unfortunately, and have received notice of termination of my post whilst I am also on Furlough. What my employer is proposing to do is to keep me on furlough but include that as my working notice. Now, maybe I am
wrong but, I figured they’d have to re-employ me first and then make me serve my 1mth notice, as they have confirmed that they won’t pay it in lieu, but I’ll get full pay for this period.
wrong but, I figured they’d have to re-employ me first and then make me serve my 1mth notice, as they have confirmed that they won’t pay it in lieu, but I’ll get full pay for this period.
My concern here is that what they are doing is claiming furlough assistance from the government to subsidise my notice pay, therefore only paying the additional on top of the 80% cap up to 100%. In fact, I strongly suspect this is what they are doing. Is this correct/within right/legal? If not, who would I report my suspicion to because, I don’t want to be involved in any scheme untoward in the slightest that may affect my taxation or monies due.
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To begin with if the company does something wrong it is not your fault. As notice period is still salary I would suggest they can still claim for that. All they have really said is that the scheme can’t be used for redundancies payments.
"Your employer can still make you redundant while you’re on furlough or afterwards."
https://www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronavirus-job-retention-scheme#while-youre-on-furlough
If the pay for notice period is 80% or 100% that is something the government has not mentioned. So unless they specifically state one figure or the other until it is tested in court nobody really knows. You could create a good argument quite happily for either figure. I would think if they only paid you 80% and you wanted a 100% you would have to go and see an employment specialist. Which let’s be honest would probably cost you more than you would get anyway.
If you’re made redundant while you're furloughed
You can still be made redundant while you’re furloughed. If you’re entitled to redundancy pay, it will be calculated using the amount you earned before you were furloughed.
That's from citizens advice website...
Of course all this can still be challenged in a Tribunal after COVID-19 has left us alone.
I have now been made redundant and served 1mth working notice. This has been confirmed on a call and in writing, and it has also been stated in writing that I will be paid at FULL PAY during my working notice. However, what they have also said in writing is that they plan to
leave me on furlough during my notice, therefore still claiming from the scheme but, they’d have to top up any money to reach my full salary.
So, in the same letter I am told both that it’s a working notice, and that I’m on furlough and I’m not required to work. So, which is it; you tell me. I did ask them if they meant Garden Leave instead, but they confirmed again in writing that they meant I’m still on furlough.
What troubles me is that the scheme is meant for companies who are planning to retain employees, to claim some financial support to do so. As they have no plans to retain me, surely this scheme is null and void, and therefore subsidising my notice pay up to £2500 from the scheme is surely not right, and they should pay me 100% salary from their own funds rather than £2500 plus extra to 100%. Is this correct, or can they subsidise it?
To confirm, I am talking about the notice period, not stat redundancy pay (SRP) , of which I am entitled to 2wks at capped £538 per week tax free; that’s not in question. Additionally they have agreed in writing that I will be paid outstanding untaken holiday as part of my final pay along with my SRP and final wages.