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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66921
Experience:  Qualified Solicitor
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I have been furloughed at work at recieve 2500 per month but

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Hi
JA: Hi. How can I help?
Customer: i have been furloughed at work at recieve 2500 per month but my notice period is 4 weeks Would I get my full salary notice of 100k per year or 2500
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: full time employee but I have been furloughed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Customer: replied 17 days ago.
Hello. I have been furloughed and receive 2500 per month from my employer.I am looking to hand my notice in and on a 4 week notice period. Will I receive 2500 notice or my full salary notice (which is 100k per annum )My furlough letter does not mention anything about changes to notice period payments

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?

Customer: replied 17 days ago.
Hello Ben.
I have been there 8 months and my notice is 1 month. My salary is 100k per year and I have been furloughed on 2500 per month.I can either resign or have a redundancy conversation. My main outcome is to protect my 4 weeks plus holiday owed at 100k per year. Hope that makes sense

Thanks. And just to clarify, the month's notice is what your employer must give you, not what you must give them?

Customer: replied 17 days ago.
Either side is one months notice
Customer: replied 17 days ago.
1 month and payment in lieu is a option too

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?

Customer: replied 17 days ago.
I think I understand what this means and it’s actually quite disappointing , I should have just left the business and gained my full notice period before being offered the furlough payment / deal.So basically in the current circumstances There is no possibility of receiving a full months pay while on furlough ? If there is any way possible could you advise ?

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

Customer: replied 17 days ago.
I have one final question
Customer: replied 17 days ago.
Acas employment confirmed that my employment contract takes president over furlough. In my furlough letter it does not state that there are any changes to my notice period just salary.
Customer: replied 17 days ago.
based on that Acas said I would get full pay. If the letter mentioned a change to terms and notice then this would be the case. Thanks

That’s not quite correct. Have a look here – this is all governed by law, which trumps contract:

https://www.personneltoday.com/hr/notice-pay-furlough-pilon/

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

Customer: replied 16 days ago.
Thanks all fine.

All the best

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