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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 67884
Experience:  Qualified Solicitor
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We and other members in our London office have been advised

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Hello, We and other members in our London office have been advised that we are being made redundant. The company has now said that the Notice Period that we would get, will be the FURLOUGH amount & not what our normal monthly salary was, before Furlough. Is this allowed? I went on the gov.uk website and that indicates that it should be as per our salary
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: It is ongoing, I have my 1st redundancy meeting tomorrow - but the head office has decided to close the London office. We are 28 employees. We have just received an email from the one director, stating this - so wasn't sure if that is correct.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Yes, I have been employed at the company for the last 13-years. Unfortunately, I do not think that there is a Travel Agent Union. We all understand that there is nobody travelling now & expect it will take a few years before Corporate Travel starts 'getting back to normal'. The email has just been 'sprung on us now, regarding the notice payout. We had also been told that this will be paid (if 12 weeks), as 3x monthly salaries
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Hi Jo, I do not want to waste anybody's time, it was more just a question to check if they are legally able to do this - as it seems a con, as when we were on furlough, we were still in employment, so if being made redundant, I (and everybody else) would have thought that the notice pay should be that based upon our monthly salary

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.

What is the contractual notice period you are entitled to? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 4 days ago.
Hello Ben, To be honest, I wasn't expecting a reply so quickly. The email just received from our Head Office has prompted a barrage of calls to the HO regarding this. I am okay with answering further questions that you may need to help with this.

No worries, thanks. What is the contractual notice period you are entitled to?

Customer: replied 4 days ago.
I am entitled to 12 weeks, as have been with the company for 13-years
Customer: replied 4 days ago.
I was a full time employee working 37.5 hours per week. Sorry missed the part where you asked if I was contact worker
Customer: replied 4 days ago.
sorry...not a contract worker. I am still employed Full Time. Our proposed redundancy is from 01 August 2020

Many thanks for your patience. As a basic background, the Employment Rights Act 1996 states that any employee whose contract entitles them to receive a notice period which is at least a week longer than their statutory entitlement will only get the pay they are entitled to at the time of their notice period. If you are off ick then it is sick pay, if you are furloughed then it is the furlough pay.

There is a detailed, albeit a bit technical, article about this here:

http://emplawservices.co.uk/wp-content/uploads/2020/04/Notice-Pay-when-on-Furlough.pdf?mc_cid=9d1c05d649&mc_eid=99a710f48e

In your case the statutory notice period you are due is 12 weeks and so is your contractual one. The latter is NOT at least a week longer than the statutory so you will be entitled to full pay in the circumstances.

Does this answer your query?

Customer: replied 4 days ago.
Hi Ben, thank you for your reply. Yes, you have answered my question, unfortunately, they get away with paying us less than what they should have been paying - the furlough was paid for by the government without any contribution by the company. Still seems unfair that they could use this level of pay to get rid of us, but it is better than nothing. Thank you for your help

Just to clarify though you can get full pay for the notice period – is that how you understood it?

Customer: replied 4 days ago.
Hi Ben, No. I understood that we would be getting the Furloughed Pay amount for the 12 weeks Notice Period. Please confirm if it would be the Full Pay for the Notice Period. The statutory pay amount I calculated on the gov.uk website

it is full pay because of the rule mentioned, it is not furlough pay. Had your contractual notice period been at least a week longer than your statutory one, that is when you would have received furlough pay only. Does this clarify?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 4 days ago.
Hi Ben, yes thank you - you are a credit to your company. A bringer of good news to us all during this horrendous time. Many Thanks, Pierre

You are most welcome