Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Hi there. Can I just check, how long has the employee in question worked there for?
OK thank you for providing this information. Please do not worry and leave it with me for now; 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, I am pleased to be able to continue assisting with your query now. If an employee works during furlough then it is indeed just the employer that may get into trouble legally. That would be a breach of the furlough scheme and potential fraud but as it is the employer who is knowingly making the fraudulent claim from HMRC, they are the ones who have liability over this. Obviously if you are knowingly breaking the rules you should not participate and can report the employer (thousands of employees have reported their employers for such breaches) and should politely point out the rules and refuse to o the work.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
The furlough agreement can be overturned at any time because furlough is not a right under law, it is just an option for employers to help them with reduction in workload and associated expenses but they can change their mind and not stick with it if they did not want to.
Hi there, unfortunately I won’t be able to look at documents right now (which would be charged extra anyway). In terms of the last question, the employer could do this because by law there is no minimum period for consultations or any specific timeline that must be followed (unless there are 20+ redundancies in one establishment, in which case collective consultation rules apply)
Consultation can be even less than 2 weeks, it can potentially be completed in a week, or even a few days. The only requirement is that it is done in a meaningful way. And as to notice of termination, that would be as per contract, but not less than 5 weeks which is your statutory entitlement for 5 years’ service.
You can indeed for any short follow up questions related to the original topic
You are most welcome and all the best
Hello again, will you be working your notice period?
Thank you. Your rights on notice pay will depend on what happens over your notice period and if you remain employed or the pay you in lieu of notice. The latter will not get you over the 5 year service, but if you remain employed, even on furlough, it would.
Also 100% pay is due in the notice period, even if furloughed, as long as your contractual notice period you are due is not at least a week longer than your statutory one.
The 100% only kicks in once you have been issued with formal notice of termination.
Also the payment date has no relevant, it is the date your employment terminates, not when you actually get paid.
I hope this clarifies things for you a little bit more.
If you are being kept employed for the notice period and you remain employed past the anniversary date, you will get another week’s notice. However if your employment is terminated before that date using PILON, you won’t get that extra week.
Hi Karyn, no problem at all and it has been my pleasure assisting you