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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64712
Experience:  Qualified Employment Solicitor
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I am on notice to leave my work due to poor performance

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Hi, I am on notice to leave my work due to poor performance which is fine I'm in Sales and not been selling, my last working date is the 15th April, yesterday the Director put all the other staff on Furlough and advised me that I could also get the furlough for the next 3 months or when ever this is over, it would be at 80% of my current salary which £25k.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: This morning I have come in to the office to be told that I can't get the Furlough, and I can leave today with no pay, just what I'm owed for March, but wont get any further pay, I can continue to come to work and they will find me something to do until my notice date.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee, no union, I work for a independently owned Fire & Security company
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, I was quite accepting of the initial dismissal procedure, they have carried out the due process, its just with the Covid 19 issues am I entitled to the Furlough

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked for this employer?

Customer: replied 8 days ago.
16.5 months

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. The furlough is not a given, despite the Government offering it to employers. It is optional and it is there for employers to use as and when they see fit, to help them with avoiding the need to lay off employees or make them redundant. However, it is down to them to decide if and when to use this scheme so you cannot force them to.

 

Saying that, you still have the right to be paid for your notice period as normal and the employer can expect you to continue working if necessary to ensure you get paid. As long as you are ready and willing to work, you have the right to get notice pay, even if they do not want you working any further or try to end your employment earlier than the end of the notice period.

 

Does this answer your query?

Customer: replied 8 days ago.
Hi Ben, yes thank you, so just to clarify they have to pay me my notice pay, even if the advice is to stay at home ? I am willing to work and they will find me something to do it is not essential work so I'm conflicted with coming to work ? thank you, Jonathan

If you have decided to stay at home and your role can easily be done from there, you should still be paid as normal. Same goes if they have decided to send you home

 

Customer: replied 8 days ago.
Ok Ben, I think that's it I will work my notice and expect to paid for the said notice, thanks your for your help, Kind regards Jonathan

All the best

 

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