redundancy during coronavirus 23 July 2020 at 8:48AM in Redundancy & redundancy planning 9 replies 312 views

andyru

Hi I am on furlough for the past 5 weeks. I have now been notified they are restructuring my role and I am at risk of redundancy. what are my rights while I am furloughed and can my redundancy payments be based on my furlough pay?

Thanks in advance.

Masomnia

No different to usual redundancy rights/rules, and should be based on your full pay.

Your rights really amount to not being unfairly dismissed. Especially if you have over 2 years service in which case you are also due redundancy pay.

sharpe106

How long have you worked for the company for and what notice period do you have?

sassyr

I have been made redundant whilst on furlough, we have PILON in our contract at our company's discretion, as the are using furlough money to pay our notice, and we are not being recalled to work they wont offer PILON. Under furlough rules you can take a second job unless contractually barred from doing so, my employer allows second employment as long as it doesn't affect your current  role, but as I am furloughed with a redundancey end date in September theres no issues. But my employer has refused a second job request and tells me I have to hand my notice in, can they do this?  I'm on furlough been made redundant got an end date. If I hand my notice in I lose 6 weeks notice pay

lincroft1710

sassyr said:

I have been made redundant whilst on furlough, we have PILON in our contract at our company's discretion, as the are using furlough money to pay our notice, and we are not being recalled to work they wont offer PILON. Under furlough rules you can take a second job unless contractually barred from doing so, my employer allows second employment as long as it doesn't affect your current  role, but as I am furloughed with a redundancey end date in September theres no issues. But my employer has refused a second job request and tells me I have to hand my notice in, can they do this?  I'm on furlough been made redundant got an end date. If I hand my notice in I lose 6 weeks notice pay

What does your contract or staff handbook actually say about second jobs? If it mention's "employer's discretion" then they may well be correct.

sharpe106

They probably can do as above it will probably be at the discretion and they will use it in the hope that you will hand your notice i and save them some money. 

Masomnia

sharpe106 said:

They probably can do as above it will probably be at the discretion and they will use it in the hope that you will hand your notice i and save them some money. 

Sounds like it's this. They want you to leave sooner to save some cash. Probably best trying to agree a leave/start date between the companies.

sassyr

I do have a handbook which I advises I need to ask my line manager, BUT and it's a big but when  I looked at the handbook at the start of the consultation,  it advised I can take a union rep to a meeting in respect of redundancey and I challenged their process as they didnt follow the procedure in the hand book. They refused my union rep and I have it in writing the handbook is not in circulation and has been obsolete for several years, so I'm not allowed a union rep at the meeting. I've checked my contract and nothing is stated on the T and Cs except refer to handbook which is now obsolete. My HR have sent me a cut and paste of the obsolete handbook to say ask permission.  But you can see a pattern to avoid my union rep attending and to reject my concerns they had not followed the company hand book they made the handbook obsolete so how ca they apply it now ?

sharpe106

Send them a copy of the relevant part back. Although if you have a new job to go to does it really matter? No point losing that job over getting a few weeks notice pay when you will be getting paid in your new job anyway. 

sassyr

hi Sharpe106 i agree I won’t lose job over a few weeks pay