Resigning while on furlough Feb 2021 -

Usher38

Can anyone advise as to what happens if an employee resigns while they are on furlough ? I have read that as from December 2021, that they are entitled to receive full pay during their notice period ? Can anyone please clarify ?

TBagpuss

It's a complicated question and the answer seems to be 'not necessarily'
It looks as though it can depend on whether they have a contractual notice period which is longer than the statutory minimum.

Acas guidance says that *normally* an employee is only entitled to the pay you would have got had you not received - e.g. if they resign while off sick, they might only be entitled to SSP during the period of their notice that they are signed off for, if that's what they would have got had they not given notice, and similarly, if they resign while on furlough, they may only be entitled to be paid at the rate they would have got had they  not given notice, so if they have been getting 80% of normally that's probably still what they are entitled to during your notice period. (ACAS guidance seems to be that this applies to furlough as well as to other reasons such as sickness or maternity leave )

However, the employer could take them off furlough, and require them to use up any holiday they have accrued but not taken , during the notice period, (subject to giving the necessary notice)  in which case they would be paid full rate as they would be on holiday, not furloughed.  The position may also be different if they are on flexible furlough and working part time hours. 

Have you tried contacting the job retention scheme helpline? Or Acas? 

BrassicWoman

My place is paying 100%, unable to reclaim anything via CJRS during notice, and requiring them to take holiday during the notice period. If it's possible to agree a shorter notice period, we do that too.