Furlough pay or contractual pay during notice period?

deejaysea

I’m currently furloughed and furlough pay is the £2,500 cap and it’s not being topped up, ie my salary was higher than that. I have 3 months contractual notice. The question is if I resign whilst furloughed will my salary revert to the contractual salary or continue on the furlough amount?

Jeremy535897

If your contractual notice is more favourable than the statutory notice rules, you need to look at your contract of employment and any amendments made to it.

garcia292

deejaysea said:

I’m currently furloughed and furlough pay is the £2,500 cap and it’s not being topped up, ie my salary was higher than that. I have 3 months contractual notice. The question is if I resign whilst furloughed will my salary revert to the contractual salary or continue on the furlough amount?

You will probably remain on the furlough rate you agreed for as long as your employer is affected by covid-19 and is therefore taking advantage of the CJRS.

sharpe106

It depends on what you agreed to when going onto furlough. If you put a review date in or if you put as long as the business was effected.

deejaysea

sharpe106 said:

It depends on what you agreed to when going onto furlough. If you put a review date in or if you put as long as the business was effected.

Thanks 😊
The letter I received says furlough will end on the earliest of the following:
1. the Scheme ending or the Company no longer being able to claim under the Scheme in respect of you; or

2. the Company requiring you to return to work

Grumpy_chap

I think if you give 3 months notice, then the employer will still apply the cap.
It could be different if they give you notice.

Jeremy535897

It's actually a very complex question. See
https://www.employmentcasesupdate.co.uk/site.aspx?i=ed40723

prowla

deejaysea said:

sharpe106 said:

It depends on what you agreed to when going onto furlough. If you put a review date in or if you put as long as the business was effected.

Thanks 😊
The letter I received says furlough will end on the earliest of the following:
1. the Scheme ending or the Company no longer being able to claim under the Scheme in respect of you; or

2. the Company requiring you to return to work

That's what the Government site says.

And furlough pay cannot constitute redundancy pay.

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme#agreeing-to-furlough-employees

sharpe106

Until it has gone to court or the government state it nobody really knows, from a few other posts some people have had it at 100% and some have had it at furlough rate for notice period.

deejaysea

Thanks everyone, appreciate you taking time to respond.