Furlough eligibility during notice period

Ariotofmyown

Hi there,
Could someone please clarify the rules on staff whom are working their notice periods from the 1st December, I've read on a couple of websites that staff in this category will not be eligible to be included in the Coronavirus Job Retention Scheme?
Surely this cannot be correct as an employer contractually is obliged to pay their staff their notice pay as per their contract? Or does this only include PILON? If someone quit their job after the start of December and wasn't being furloughed then this could come as a shock to them.

Diamandis

The employer still has to pay, they just cant use the job retention scheme to fund it.

Andy_L

"If you’ve been made redundant
If your employer has to make redundancies, they should follow the normal rules. This includes giving you a notice period and speaking to you before making a final decision.
Your employer cannot claim through the Coronavirus Job Retention Scheme for you, for any days on or after 1 December 2020 when you were furloughed and serving a contractual or statutory notice period (this includes serving notice of retirement or resignation).

If you are made redundant, your employer should base your statutory redundancy and statutory notice pay on your normal wage rather than the reduced furlough wage."

https://www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronavirus-job-retention-scheme

TBagpuss

As above. Your employer has to pay you, but won't be able to reclaim the cost from the government. So the options will be for them to pay you to stay at home (effectively gardening leave) or tp require you to work, or (if you have enough and they give your the right notice ( to require you to take your accrued holiday to cover some or all of your notice period.

Given that you will have been accruing holiday during any period you were furloughed I would think that the third one is the most likely option, with the 2nd one being next move likely if not everyone in your workplace s furloughed (as they could require you to work your notice, and furlough someone else for the same period, instead) 

If you have no accrued holiday and your workplace is completely closed with everyone furloughed they would need to pay you .