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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 there for and how much notice must your employer give you on termination?
Thanks. And just to clarify, the month's notice is what your employer must give you, not what you must give them?
ok thanks. Your payment during your notice period is determined by what your statutory notice period is and what your employer must give you on termination. If your employer’s notice period is at least a week longer than your statutory entitlement, you will get paid based on what your current entitlement at the time of notice is. Otherwise, it would be full pay.
As you have bene there less than 2 years, your statutory notice period is 1 week and your employer has to give you 1 month under contract. As you can see, this is more than 1 week longer than your statutory entitlement. On that basis, if you remain furloughed during your notice period, your entitlement to notice pay would be the furlough amount, not full pay.
However, any outstanding holidays you still have will have to be paid to you on your normal rate.
Does this answer your query?
During furlough you would only get the furlough amount, unless the employer agrees to top it up, which they do not have to if you have agreed to be furloughed. You would have to be taken off furlough for the notice period to be eligible for the full pay
That’s not quite correct. Have a look here – this is all governed by law, which trumps contract:
There is a comment there which says the author believes tribunals may try and ensure that employees get 100% pay but that is just an opinion and unproven legally and you have to go to make a claim to argue your case for it
Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you
All the best