Due to start new job but unable to contact employer

[mark1979]

I am due to be starting my new job on 13th April. My last day on garden leave with current employer is 10th April. I only have contact details for two people at my new job and am just getting auto replies from both as they are closed and furloughed. What do I do? Am I legally employed by them as of 13th? Offer letter and contract are both signed and delivered to them. My real concern is how I get paid if I can’t contact anyone...

[ULA]

Hi, that must be very worrying for you at the moment. Do you have/can you find out any main company details such as a generic email address that someone may be picking up - maybe via their website? Have you tried phoning their switchboard number to see if there is any emergency contact information?

If you have signed, dated and sent back the contract (hope you kept a copy) then you will become an employee on 13 April. However my concern for you is that the government guidelines for furlough under the job retention scheme, if that is what the company has arranged with its staff, state that to qualify you would have needed to be on their payroll as of 28 Feb which you will not have been. If you cannot join that scheme then you would need to establish whether they are able to pay you any salary.*

The only other solution, if you cannot get hold of your new company or they cannot pay you salary, I can think of is whether your current employer would be prepared to keep you on their payroll and then you jointly agree to furlough in which case they can claim back and pay you 80% of your salary.

So please just see if you can do a bit more research to try and get hold of someone in your new company.*

If you have any more questions then must pop back on this thread.*

[mark1979]

Thanks Ula. I’ll see if I can get into contact with anyone that way. Failing that I do have emails for my current employers active HR and payroll team. I assume not ending my employment and furloughing me doesn’t cost them a penny?

[ULA]

They can claim back 80% of your salary up to a max of £2,500 which they can then pay you, so it would not be a full 100% of your salary unless your current employer would be happy to top up part or all of the remaining 20%.

The portal is intended to be available via HMRC for employers to register for the scheme later this month.

Here is a link to the government website that gives the details:

https://www.gov.uk/guidance/claim-fo...tention-scheme

[mark1979]

I have spoken with my old (current) employer about this and they said they haven’t made a decision as yet on what to do. Initially they felt that it was a manipulation of the system however the recent campaign by Martin Lewis in which HMRC have clarified that this should be standard practice may change that over the next few days. Fingers crossed...

[ULA]

Thanks for coming back with an update. Hopefully once they have done some more research supported by what they have already found out, will mean that they can put you onto furlough. Meanwhile keep on trying to find someone in your new company to speak with/email.

Best of luck and you know where we are if you need any more help.*

[mark1979]

Another update - new employer has contacted me, said they can’t do anything financially and that I should have old employer continue to employ/furlough me so I can get paid as that is what they are doing with the person I will be replacing. Old employer has contacted me again as I have 2 cars on a staff discount scheme (Basically we can get 2 cars pretty cheap, 6 months agreement, money is taken directly from your wage but if you leave you have to give them back regardless of how much time is left on the agreement) asking me to return both cars on or before Friday (my last official day as an employee). One is driven by my dad who lives 200 miles away, so I would need him to come here, we take it back and then I take him home and drive back myself. This doesn’t sound like a necessary journey to me. The other is driven by me and my wife so I have replied saying I’ll keep hold of that one as I expect to have my employment extended and to be furloughed and paid by them so I am happy to continue paying for the car as I won’t get a new one until this is all over and I start my new job. Also pointed out that my wife is a key worker and I need that car to get her to and from work daily.*

[ULA]

If they agree to retaining you and put you on furlough you will still be an employee of the company so hopefully they will allow you to continue on the scheme for the time being.*

[mark1979]

Well they have emailed today to advise that they will not be delaying my leaving date as this is a group decision and ultimately it is a cash flow issue as it will likely be a number of months before they are reimbursed any wage costs and that additional payroll costs at this time would seriously jeopardise their ability to pay the existing team.

[mark1979]

They want me to return their cars on 9th now as they are closed on 10th. Contractually I’m not obliged to return them until the 10th so there’s zero chance of anything happening on 9th. Either way I won’t be returning anything to anywhere while lockdown is in place. The government guidance is quite clear that I should only leave my house to buy food or for health reasons, this is neither. They are welcome to collect on or after 10th however I won’t be going anywhere.

[mark1979]

So they have said that they will collect the car my dad is driving as they agree it could be considered an unnecessary journey.


They want my car back today though as they are closed tomorrow. I am still employed by them until tomorrow so am entitled to the use of the car until then, they even confirmed that in the letter they gave me which notified me of the decision to place me on garden leave. I am of the opinion that them being closed tomorrow isn’t a reason for me to lose out.