Redundancy while furloughed

[brian77]

#1





While on furlough my employer asked for voluntary redundancies which I volunteered for, which he accepted I have been employed for 10 full years by this company my employment will be terminated on 04/09/2020.
When he made up my redundancy package, he said I must take 3 weeks accrued holidays as part of my 10 weeks lieu of notice and he will only pay me 80% for the rest of 7 weeks as he is using the furlough scheme to pay my lieu of notice wages, surely this can't be legal as furlough is actually a job retention scheme.
Any help would be much appreciated.

Brian

[ULA]

Taking holiday as part of notice is allowed since an employer has a right to nominate dates on which an employee must take some or all of their statutory annual holiday entitlement, provided that the employer gives the required advance notice. The notice required is a minimum of twice as many days as the number of days' holiday that the employer wishes to be taken. So, if you are being required to take 3 weeks holiday your employer must give you 6 weeks notice. In your case it will depend on when your employer made this request, if this was during the negotiations of accepting voluntary redundancy or right at the very start then you may have been given the required notice but if it is only recently then there is not enough notice by my calculation.

The answer in regard to notice pay is not straight forward, see the link to an article at the bottom of this post but since it appears you are only being paid your statutory minimum, I think you have a strong argument to say that it should be at 100%. It does not stop your employer claiming the 80% from the CJRS but it will need to be topped up to 100%.

In any event specifically on holiday pay this was already set out as part of the CJRS as being paid at 100% if staff on furlough were being asked to take holiday.

https://www.outertemple.com/2020/05/...n-on-furlough/

[brian77]

Thanks ULA for your reply, the link you included wouldn't open, but everything you said makes sense.
Cheers Brian

[ULA]

Here it is again. Hopefully it will open this time

https://www.outertemple.com/2020/05/...n-on-furlough/

[brian77]

Thanks again for your help[, yes the link opened this time and was very helpful.

Cheers Brian