Placed on & taken off furlough without notice

Humiliation

Hi All,

On the 1st of April, I have been furloughed via a Zoom video call with the CEO. I have not been told how long this furlough would last or any other information. My contract with the company was supposed to end mid-July.

Since salaries are paid at the end of each month, I woke up on the 28th of July to check my bank account for any salary, and found nothing. I contacted my manager who then told me that my furlough ended on 30th of June and I am no longer an employee (June's salary was paid), hence I will not receive anything for the 2 weeks in July.

I started a huge argument with the management team about the fact that I was not notified of the furlough's end date (neither in writing nor verbally) although the legislation clearly states that employees are ought to be notified in writing with the copy of this communication saved for 5 years, but this argument resulted in nothing. Of course, a financial loss has been incurred due to me paying July rent without getting any July salary that I would've received otherwise. Had I known this earlier, I would've moved out.

How shall I approach this in the employment tribunal? Have they breached contract by terminated me without notice?

Tl;dr: Company placed me on furlough without telling me the furlough's end date. I assumed it would run until the end of my contract since contract end is within CJRS (100% covered). Found out a month after contract end that I was take off furlough (terminated) 2 weeks prior to contract end.

unholyangel

Does your contract of employment state that either of you needs to give notice to end the contract (whether terminating prematurely or in anticipation of the end date) or what happens at the end date? How long have you been working there? 

If it's less than 2 years you're on a hiding to nothing. Normally for a fixed term contract the contract ends automatically on the date with no requirement to give notice. But if you've been there 2 years then they might have to follow fair dismissal procedures/pay redundancy. 

Humiliation

unholyangel said:

Does your contract of employment state that either of you needs to give notice to end the contract (whether terminating prematurely or in anticipation of the end date) or what happens at the end date? How long have you been working there? 

If it's less than 2 years you're on a hiding to nothing. Normally for a fixed term contract the contract ends automatically on the date with no requirement to give notice. But if you've been there 2 years then they might have to follow fair dismissal procedures/pay redundancy. 

I do have a contractual notice period of 1 month in my contract. I worked less than 2 years.
I am however, not looking at an unfair dismissal claim which required me being employed for 2 years.
In my situation, the contract ended 2 weeks earlier without my knowledge which smells like termination without notice.

unholyangel

Humiliation said:

unholyangel said:

Does your contract of employment state that either of you needs to give notice to end the contract (whether terminating prematurely or in anticipation of the end date) or what happens at the end date? How long have you been working there? 

If it's less than 2 years you're on a hiding to nothing. Normally for a fixed term contract the contract ends automatically on the date with no requirement to give notice. But if you've been there 2 years then they might have to follow fair dismissal procedures/pay redundancy. 

I do have a contractual notice period of 1 month in my contract. I worked less than 2 years.
I am however, not looking at an unfair dismissal claim which required me being employed for 2 years.
In my situation, the contract ended 2 weeks earlier without my knowledge which smells like termination without notice.

So approach the employer and point that out to them - that if they wanted to terminate early they were required to give a months notice and therefore are due you 2 weeks wages. 

But ultimately you may have to decide if 2 weeks wages is worth a tribunal. 

Humiliation

unholyangel said:

Humiliation said:

unholyangel said:

Does your contract of employment state that either of you needs to give notice to end the contract (whether terminating prematurely or in anticipation of the end date) or what happens at the end date? How long have you been working there? 

If it's less than 2 years you're on a hiding to nothing. Normally for a fixed term contract the contract ends automatically on the date with no requirement to give notice. But if you've been there 2 years then they might have to follow fair dismissal procedures/pay redundancy. 

I do have a contractual notice period of 1 month in my contract. I worked less than 2 years.
I am however, not looking at an unfair dismissal claim which required me being employed for 2 years.
In my situation, the contract ended 2 weeks earlier without my knowledge which smells like termination without notice.

So approach the employer and point that out to them - that if they wanted to terminate early they were required to give a months notice and therefore are due you 2 weeks wages. 

But ultimately you may have to decide if 2 weeks wages is worth a tribunal. 

I have, but they are insisting that the video call included them mentioning that the furlough scheme will only run to 30th of June, which I disagree with because neither I, nor the people in that call heard this. Even then, they were supposed to send this furlough announcement in writing.
I think it is more than 2 weeks wages. If I were to be terminated without working my notice, then I shall be given payment in lieu of notice which is a month's worth of salary.

unholyangel

Humiliation said:

unholyangel said:

Humiliation said:

unholyangel said:

Does your contract of employment state that either of you needs to give notice to end the contract (whether terminating prematurely or in anticipation of the end date) or what happens at the end date? How long have you been working there? 

If it's less than 2 years you're on a hiding to nothing. Normally for a fixed term contract the contract ends automatically on the date with no requirement to give notice. But if you've been there 2 years then they might have to follow fair dismissal procedures/pay redundancy. 

I do have a contractual notice period of 1 month in my contract. I worked less than 2 years.
I am however, not looking at an unfair dismissal claim which required me being employed for 2 years.
In my situation, the contract ended 2 weeks earlier without my knowledge which smells like termination without notice.

So approach the employer and point that out to them - that if they wanted to terminate early they were required to give a months notice and therefore are due you 2 weeks wages. 

But ultimately you may have to decide if 2 weeks wages is worth a tribunal. 

I have, but they are insisting that the video call included them mentioning that the furlough scheme will only run to 30th of June, which I disagree with because neither I, nor the people in that call heard this. Even then, they were supposed to send this furlough announcement in writing.
I think it is more than 2 weeks wages. If I were to be terminated without working my notice, then I shall be given payment in lieu of notice which is a month's worth of salary.

Well no because the notice would only apply if say it was a 1 year contract and they wanted to terminate at 6 months. It doesn't apply when the contract is ending naturally. So if they paid you up until the 30th of June and didn't give notice end of May or before that they were terminating on 30th June, then the contract would have ended itself mid July. So you'd be due wages from end June to mid July. 

Grumpy_chap

"they are insisting that the video call included them mentioning that the furlough scheme will only run to 30th of June,"

So, from 1st July for 2 weeks to the middle of July, normal contract pay is due.

OP may wish to consider long term impact of soured relationship versus 2 weeks pay.