Resigning and being put on Furlough instead of garden leave

siobhannicholls

I am a recruiter and have just handed my notice in as I have been offered a new job at a different company. My current employer isn't too happy about it but has accepted my resignation. However she has emailed to say that they have decided to put me on furlough for the time of my notice period. This is instead of letting me work my notice of putting me on garden leave. By doing this I will only be getting 80% of my wages. Feels like I am being penalised for leaving the company for new opportunities. 

I wasn't on furlough, I was working my full hours and getting paid 100% of my salary. Can my employer do this? is it legal?
Appreciate any advice you can give me. 

Thanks .

Comms69

The furlough scheme is closed, unless ive missed something very recent. 

siobhannicholls

i think it ends on 31st Oct then it moves to the job retention scheme

[Deleted User]

The deadline has passed to be put on furlough. 

siobhannicholls

i was on furlough when the pandemic originally hit but have since been back to work full time 

Comms69

siobhannicholls said:

i was on furlough when the pandemic originally hit but have since been back to work full time 

So why did you say: I wasn't on furlough, I was working my full hours and getting paid 100% of my salary. Can my employer do this? is it legal?

/facepalm !

Undervalued

There is no right to so called "garden leave". That is entirely up to the employer if they choose to pay somebody to stay at home rather than work.

If any form of furlough is still available then the employer might be able to use that as you are still an employee until the end of your notice. I think something new along those lines has been in the news today but I haven't studied the details.

Xbigman

This is certainly not what the furlough scheme was intended for, but then it was set up in 5 minutes so possibly is within the rules.
Do they owe you holiday pay? If they do then 80% pay plus your holiday pay could work out to be more than if they made you use your holidays for your notice period. 
I think this is where you smile, tell them how much you will miss them and leave on good terms, possibly with gritted teeth.


Darren

Ditzy_Mitzy

Comms69 said:

siobhannicholls said:

i was on furlough when the pandemic originally hit but have since been back to work full time 

So why did you say: I wasn't on furlough, I was working my full hours and getting paid 100% of my salary. Can my employer do this? is it legal?

/facepalm !

I read it as she was placed on furlough at the beginning of the scheme, then returned to work and was taken off the scheme.  She resumed working full time and drew her usual salary.  Subsequently she has resigned and the employer wants to put her back on furlough, at 80% salary, for the remainder of her notice period.
OP - you can work for another employer whilst on furlough.  Any chance your new employer might bring your start date forwards, thus giving you almost double wages for a month?

TELLIT01

Ditzy_Mitzy said:

Comms69 said:

siobhannicholls said:

i was on furlough when the pandemic originally hit but have since been back to work full time 

So why did you say: I wasn't on furlough, I was working my full hours and getting paid 100% of my salary. Can my employer do this? is it legal?

/facepalm !

I read it as she was placed on furlough at the beginning of the scheme, then returned to work and was taken off the scheme.  She resumed working full time and drew her usual salary.  Subsequently she has resigned and the employer wants to put her back on furlough, at 80% salary, for the remainder of her notice period.
OP - you can work for another employer whilst on furlough.  Any chance your new employer might bring your start date forwards, thus giving you almost double wages for a month?

Ditzy Mitzy, I think 99.9% of people would have interpreted the comment in exactly the way you (and I) did.  There is always a minority who just feel the need to be different.

Grumpy_chap

Are you on furlough at 80% or topped up to full pay?

Edit: sorry, I see that was answered in the OP... 80%