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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 5123
Experience:  Owner at James Bruce Solicitors
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Second opinion] if l am, if l am made redundant while on

Customer Question

second opinion] Hello, if l am
JA: Where is this? It matters because laws vary by location.
Customer: Hello, if l am made redundant while on furlough, what will my notice payment be? I have been with the company for 11 years 9 months, have 3 months employer notice in my contract and accepted the furlough terms of 80% salary or £2.500 cap. My concern is that if l am made redundant the company may try to get away with paying only £2,500 per month for my notice period rather than my pre-furlough salary. I would strongly argue that it is understood that furlough is only intended to be short term and a method to preserve employment.
JA: What steps have you taken so far?
Customer: I have taken no steps yet. This is just a general query.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, that is it for now.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Virtual-mod replied 1 year ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  james bruce replied 1 year ago.

Hello I will assist today.

Under current covid19 rules, there is no steadfast agreement what you would be entitled to in your situation. You would get at least the minimum 80% that is for sure. If the employer pays your normal 100% rate then all fine. But if they say only 90% as per covid19, then as it stands it could be a case for an employment tribunal, to get a final decision. The current law as it stands really cannot give an answer. We are all in uncharted waters so to speak.

There are a number of ways that a tribunal could ensure that employees receive 100% of their notice pay even if furloughed.

First, if an employee has a garden leave clause in their contract, and they are under notice, then the employee could argue that they are entitled to their full garden leave pay, which would be their full normal wage.

Next, it could be argued that there is an implied term that the employee’s agreement to reduce wages to 80% was only while they were not under notice, perhaps because the Coronavirus Job Retention Scheme is there to preserve, not remove, jobs.

Finally, for some employees are entitled to guaranteed minimum notice pay; and work normal working hours and their remuneration does not vary with the amount of work done, they can rely on a section in the calculation of a ‘week’s pay’ which refers to calculating pay as ‘if the employee works throughout his normal working hours in a week’, to mean they should get the amount they would normally get if they were not on furlough.

ultimately it would be a case of see what employer does and go from there.

Expert:  james bruce replied 1 year ago.

Hello just checking back to see if I can assist further.

Here to help if needed.

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. Although you have already paid, I won’t be paid by Justanswer for my time if there is no rating left for me.