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.