Resignation and furlough

Chicky123

Hi, wondered if anyone can help or advise please! I’ve got myself a much better more secure job which has to start on a certain date. The date falls before the end of my furlough. I’ve given my current manager my resignation and asked HR to end my contract soon enough for me to start. My notice period will end before I am due to return to my current role. My question is, can my company stop me starting the new role as the start date will fall within what will be my current notice period? I’m hopeful they will end my contract as required but not sure on the legalities or if it will cause them problems so I’m feeling anxious about it? Thanks I’m advance!

Niv

I don't really see how they can stop you?

2021BJ

They're entitled to make you work your entire contractual notice period, yes.

Whether they will bother, especially if you're on furlough is unknown.  They can't physically march you into work though, although of course if you don't work your notice period you can probably kiss any reference goodbye.  In theory, they could sue you for the cost of covering your shift with say a temp worker, although, as you're on furlough, you're not actually working.

Chicky123

I guess if they don’t end my contract early though, am I allowed to start a new role while still officially furloughed from another? I’ve been researching all week but conflicted answers!

MattMattMattUK

Chicky123 said:

Hi, wondered if anyone can help or advise please! I’ve got myself a much better more secure job which has to start on a certain date. The date falls before the end of my furlough. I’ve given my current manager my resignation and asked HR to end my contract soon enough for me to start. My notice period will end before I am due to return to my current role. My question is, can my company stop me starting the new role as the start date will fall within what will be my current notice period? I’m hopeful they will end my contract as required but not sure on the legalities or if it will cause them problems so I’m feeling anxious about it? Thanks I’m advance!

Your current employer can not stop you leaving, however leaving earlier could well be a breach of contract. In theory they can say no and make you pay them for the breach of contract, but that is rare, they may also be willing to negotiate as if they have you on furlough you will be costing them money to not work, so getting you to leave earlier might well be better for them.

What you need to do is speak to them and negotiate, they will likely not want to offer pay in lieu of notice, however they might agree to an earlier termination of your employment. Their attitude might well depend on if you are going to a competitor or not.
https://www.citizensadvice.org.uk/work/leaving-a-job/resigning/your-notice-period-when-resigning/

MattMattMattUK

Niv said:

I don't really see how they can stop you?

They can not stop you leaving, they can sue you for breach of contract. Whether they would is debatable, but if someone refuses to work their notice then they are in breach of contract and especially where the employer can prove a loss they can sue for breach of contract, which is why it is always better to come to an amicable agreement, which most employers will want as once someone has made it clear they want to leave it is usually a bad idea to keep them hanging around.

Chicky123

I’m not going to a competitor, but I do need my reference! 

MattMattMattUK

Chicky123 said:

I’m not going to a competitor, but I do need my reference! 

Then it would be wise to negotiate and come to an agreement with them. If you approach them and discuss it sensibly I can not see any reasonable employer having an issue as you are on furlough, which means they have not work for you and you could agree to conduce any handover which is needed in the time before the relevant date.

However, it depends what you mean by reference, nearly all references these days only confirm the period the employee was employed, with nothing else, some employers even have a no reference policy.

Chicky123

Thank you. My boss already agreed he will give me a reference which is great. It’s more the legalities as to whether they CAN just let me go while I’m furloughed. Obviously I’d be happy to sign anything,  there is no real handover needed and I haven’t worked for a year so not sure what I could do anyway, it’s just the HR weren’t sounding convinced that I can start already. The new employer seem to think it’s fine for me to work while on furlough anyway, but I feel so anxious waiting to hear from the hr team now. I know they have so much to do I won’t be a priority so just trying to find out my position in the meantime. Furlough is so confusing!! 

MattMattMattUK

Chicky123 said:

Thank you. My boss already agreed he will give me a reference which is great. It’s more the legalities as to whether they CAN just let me go while I’m furloughed. 

Once you are in your notice period you can no longer be furloughed, as you will be a pure cost at that point they will likely be happy to let you go. Also be prepared that they may call you in to work, if there is any work that can be done in your workplace, as they will be unable to furlough you whilst on notice.

Chicky123 said:

Obviously I’d be happy to sign anything, 

You will likely need to sign something, but it should be fairly simple, just that both parties agree to reduce your notice period.

Chicky123 said:

there is no real handover needed and I haven’t worked for a year so not sure what I could do anyway, 

It might just be a case of confirming you have returned all company property, confirming that there is nothing to be tied up etc.

Chicky123 said:

it’s just the HR weren’t sounding convinced that I can start already. 

HR departments... never come across one which seemed overly helpful, productive, or that really had a purpose.

Chicky123 said:

The new employer seem to think it’s fine for me to work while on furlough anyway, but I feel so anxious waiting to hear from the hr team now.

You can work whilst on furlough if your existing contract allows (some employment contracts forbid it explicitly, others say that you need permission on a case by case basis), most contracts have stipulations around additional employment which might impact your work, cause conflicts of interest or could bring the company into disrepute.

Chicky123 said:

I know they have so much to do I won’t be a priority so just trying to find out my position in the meantime. Furlough is so confusing!! 

If you have any issues talk to your boss first, what you are actually offering is going to save your current employer money, so they will in all likelihood accept it quite happily.