Resign whilst on furlough

motorhomer14

Hello, hope you can help as i cannot find information on line. My daughter is on furlough for past few months. She is now looking at changing jobs as the current job is not looking secure. If she gets another job and resigns from her current job will she have to pay back her past two month furlough wages. Thank you

Jeremy535897

motorhomer14 said:

Hello, hope you can help as i cannot find information on line. My daughter is on furlough for past few months. She is now looking at changing jobs as the current job is not looking secure. If she gets another job and resigns from her current job will she have to pay back her past two month furlough wages. Thank you

No she would not. She would be expected to stay employed until her current furlough period expires.

motorhomer14

So she cannot apply for a job now during furlough. From what she has herd the company she works for being catering may go under so she want to find a new job now rather than wait for the company to go bust and she will be unemploed

Jeremy535897

motorhomer14 said:

So she cannot apply for a job now during furlough. From what she has herd the company she works for being catering may go under so she want to find a new job now rather than wait for the company to go bust and she will be unemploed

Why not? I said she won't have to pay back the furlough for periods that have already finished. Her employer would no doubt expect her to finish the current furlough period, as otherwise they cannot make a CJRS claim in respect of it (and her furlough agreement might oblige her to return wages for that period of furlough), but that may be within her notice period anyway. There is nothing to stop her looking for a new job. However, if she has been employed for more than two years she should be entitled to statutory redundancy, which she would not get if she leaves voluntarily.

motorhomer14

Thanks Jeremy for clarification, when you said she would have to finish her furlough period I thought you meant she would have to stay with them for as long as the furlough is in place. At present she is furloughed till end July. As you said as long as she gives the notice period she should be fine. I would not be worth holding on for redundancy as she has only been working for a few years and the redundancy would not be a lot compared to loosing a job with current state of the countries service industry. If a job opportunity comes then she would be better off taking it

Jeremy535897

That has to be her decision. I am a bit surprised they have furloughed her for so long in one period. Normally employers furlough employees for 3 weeks at a time to maintain flexibility. What does her furlough agreement actually say? I think the position with regard to CJRS claims is that as long as the furlough period lasts at least 3 weeks, a claim may be made even though the furlough period ends earlier than was set out in the furlough agreement.

prowla

Furlough has to be for a minimum of 3 weeks, so if that's covered then there's no further commitment.

If she were to resign, I'm not sure if the company would pull her back off furlough to work out her notice or use holiday.

Being on furlough or not does not commit you to anything beyond your contracted notice, so that's not a consideration.

You can even work for another company whilst on furlough.

(Though I don't know what the situation would be if your original employer then called you back to work.)

As for the employer, someone being on furlough gives them a cashflow situation, as they have to pay and then claim back; thus somebody leaving would save them the outlay.

Jeremy535897

prowla said:

Furlough has to be for a minimum of 3 weeks, so if that's covered then there's no further commitment.

If she were to resign, I'm not sure if the company would pull her back off furlough to work out her notice or use holiday.

Being on furlough or not does not commit you to anything beyond your contracted notice, so that's not a consideration.

You can even work for another company whilst on furlough.

(Though I don't know what the situation would be if your original employer then called you back to work.)

As for the employer, someone being on furlough gives them a cashflow situation, as they have to pay and then claim back; thus somebody leaving would save them the outlay.

I would expect the employer to require notice to be taken as holiday whilst on furlough. That way they minimise the cost. You can normally only work for another employer while on furlough with the furloughing employer's permission (if it's not in the employment contract, it usually is in the furlough agreement). Some furlough agreements expressly forbid working for someone else while on furlough (cautious employment lawyers fearing a breach of the conditions).

Efficient employers can arrange matters so they get the grant before the normal wages payment date. Avoiding the redundancy cost is much more important.

motorhomer14

Thank you all, i cannot give details of the agreed furlough at the moment, she works in a kitchen in London Hotel which had to shut down so was put on full pay since about April when hotels where shut. She has been home since and before all this the company was on rocky grounds so might not reopen if this all carry on