Employment Lawyers Can Answer Your Employment Law Questions
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.
Is it possible to upload a copy of your contract on here please?
You can do this using the paper clip symbol
Thank you. In all honesty they can take that decision anyway as long as by the time it is time to take it, you have been employed there for less than 2 years. That is because you have no unfair dismissal protection in the first 2 years of employment. So they could dismiss you for more or less any reason and without having to justify their decision. No agreement would be needed for them to do so and they can just go ahead with it. I very much doubt that the current situation will continue until you are approaching your 2 year anniversary so they could proceed with terminating you at any time before that, even if you have been furloughed in the meantime.
Does this answer your query?
They can furlough you now and the dismiss you afterward if they wanted to, even without an agreement. You are due at least a week’s notice on termination by law, they cannot ignore that even if you agree to it. However, if you get a contractual notice period that is longer than that you can agree to remove it so at least their obligation is just a week.
Does this clarify things a bit more for you?
Easiest is if there is no contractual notice period at all, in which case they have no obligations apart from the minimum 1 week statutory notice period they must give you on termination.
I would advise trying to second guess the length of furlough as things can change at any point, we all know how unpredictable this has all been.
You can extend the notice period between yourselves as and when you see fit, so can keep extending it further until you both decide you no longer want to and then your employment terminates at the end of it
yes that is correct