Resigning and being put on Furlough instead of garden leave

sammyjammy

I think they would need to top up your notice pay to the full wage.  I am sure its not within the furlough rules but am also sure they'll get away with it!

TBagpuss

At the outset you would have had to agree to be furloughed. I believe that you can then be put back on flexible furlough on the same terms you were furloughed on before, but not on different terms (so if you were furloughed they couldn't now tell you to come back part time and be furloughed the other days, unless you agree.

BUT it may depend on exactly what you agreed to to at the beginning. 

They could require you to work your notice period, and as Xbigman says, you need to check if you are owed any holidays as you may be better off getting furlough pay + outstanding holidays then having to work and to use up your holiday time.,

Comms69

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?

TELLIT01 said:

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.

Im confused where in the OP was that said?

getmore4less

You may also be entitled to full pay for the last week of notice under the employment act, depends on contractual and statutory notice from the employer. 

Ditzy_Mitzy

Comms69 said:

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?

TELLIT01 said:

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.

Im confused where in the OP was that said?

When she stated the following: i was on furlough when the pandemic originally hit but have since been back to work full time