Furloughed / notice / starting elsewhere.
Discussion
Friend is a bit of a paperwork muppet.
Can't find his contract. Can't get on works e-mail.
Been on Furlough a while (from about two/three weeks in), got offer of a new job if he starts 15th June - with a competitor. Offer was conditional on start date due to work there.
So he rings his boss to hand his notice in. Boss says "we will see what we can do, business picking up perhaps in a couple of months". Geoff says nope, I'm off.
Friend (Geoff) as far as he is concerned has resigned. Three days later a letter from his current employers arrives reminding him he is on three months notice and if he leaves before then they may "require him to pay back wages in lieu of notice"! (Text from the scan of the pdf he send me).
Now he resigned 27th May and had two weeks leave owed and thought he was on a months notice, not three months.
TBH I know his current company, they pay well, but they expect their pound of flesh and treat you like s
t and have a relative high turnover "Employer of x engineers of last resort is a term used to describe them". I wouldn't be surprised if they are trying to keep him on to get furlough money from the government.
He's given up seeing this months salary but can they really come at him for two months previous? What would be the mechanism, small claims, is there a reverse off the employment tribunal system where employers can go for employees?
Can't find his contract. Can't get on works e-mail.
Been on Furlough a while (from about two/three weeks in), got offer of a new job if he starts 15th June - with a competitor. Offer was conditional on start date due to work there.
So he rings his boss to hand his notice in. Boss says "we will see what we can do, business picking up perhaps in a couple of months". Geoff says nope, I'm off.
Friend (Geoff) as far as he is concerned has resigned. Three days later a letter from his current employers arrives reminding him he is on three months notice and if he leaves before then they may "require him to pay back wages in lieu of notice"! (Text from the scan of the pdf he send me).
Now he resigned 27th May and had two weeks leave owed and thought he was on a months notice, not three months.
TBH I know his current company, they pay well, but they expect their pound of flesh and treat you like s
t and have a relative high turnover "Employer of x engineers of last resort is a term used to describe them". I wouldn't be surprised if they are trying to keep him on to get furlough money from the government.He's given up seeing this months salary but can they really come at him for two months previous? What would be the mechanism, small claims, is there a reverse off the employment tribunal system where employers can go for employees?
StanleyT said:
Friend is a bit of a paperwork muppet.
Can't find his contract. Can't get on works e-mail.
Been on Furlough a while (from about two/three weeks in), got offer of a new job if he starts 15th June - with a competitor. Offer was conditional on start date due to work there.
So he rings his boss to hand his notice in. Boss says "we will see what we can do, business picking up perhaps in a couple of months". Geoff says nope, I'm off.
Friend (Geoff) as far as he is concerned has resigned. Three days later a letter from his current employers arrives reminding him he is on three months notice and if he leaves before then they may "require him to pay back wages in lieu of notice"! (Text from the scan of the pdf he send me).
Now he resigned 27th May and had two weeks leave owed and thought he was on a months notice, not three months.
TBH I know his current company, they pay well, but they expect their pound of flesh and treat you like st and have a relative high turnover "Employer of x engineers of last resort is a term used to describe them". I wouldn't be surprised if they are trying to keep him on to get furlough money from the government.
He's given up seeing this months salary but can they really come at him for two months previous? What would be the mechanism, small claims, is there a reverse off the employment tribunal system where employers can go for employees?
They could technically take him to Court for damages suffered as a result of him not working his notice period. I'm not sure why they think he owes them 2 months pay, had he handed his notice in 2 months ago he would still have been entitled to 3 months Notice pay. There should be absolutely no benefit to them by keeping him on furlough (they shouldn't be making any profit from furlough payments)Can't find his contract. Can't get on works e-mail.
Been on Furlough a while (from about two/three weeks in), got offer of a new job if he starts 15th June - with a competitor. Offer was conditional on start date due to work there.
So he rings his boss to hand his notice in. Boss says "we will see what we can do, business picking up perhaps in a couple of months". Geoff says nope, I'm off.
Friend (Geoff) as far as he is concerned has resigned. Three days later a letter from his current employers arrives reminding him he is on three months notice and if he leaves before then they may "require him to pay back wages in lieu of notice"! (Text from the scan of the pdf he send me).
Now he resigned 27th May and had two weeks leave owed and thought he was on a months notice, not three months.
TBH I know his current company, they pay well, but they expect their pound of flesh and treat you like s
t and have a relative high turnover "Employer of x engineers of last resort is a term used to describe them". I wouldn't be surprised if they are trying to keep him on to get furlough money from the government.He's given up seeing this months salary but can they really come at him for two months previous? What would be the mechanism, small claims, is there a reverse off the employment tribunal system where employers can go for employees?
Anyway (AIUI) he should get 1 months Notice pay @furlough pay rate and then 2 weeks accrued leave at full pay.. I would be VERY surprised if his employer pursued him for breach of contract if his notice period is 3 months.
Ahhh, do you think it could be double counting. Make a threat to get the employee to pay back some / all of the notice period, but then claim the furluck pay off the gubberment anyway?
(I briefly worked for this company eight years ago, when I saw the project invoices I found my time had been charged for a day I absolutely knew I didn't work - when i delved I found my signature was on a report and eight hours billed for that day when in actual fact I was under the knife having a Hernia op that day!!!!).
(I briefly worked for this company eight years ago, when I saw the project invoices I found my time had been charged for a day I absolutely knew I didn't work - when i delved I found my signature was on a report and eight hours billed for that day when in actual fact I was under the knife having a Hernia op that day!!!!).
StanleyT said:
Ahhh, do you think it could be double counting. Make a threat to get the employee to pay back some / all of the notice period, but then claim the furluck pay off the gubberment anyway?
(I briefly worked for this company eight years ago, when I saw the project invoices I found my time had been charged for a day I absolutely knew I didn't work - when i delved I found my signature was on a report and eight hours billed for that day when in actual fact I was under the knife having a Hernia op that day!!!!).
Its definitely double counting. if he's been on FP for the last 2 months that will cost his company ZERO. All of it will be claimed back off the Government (assuming they weren't topping it up to 100%). So how on earth they can argue that he owes them 2 months pay I have no idea.(I briefly worked for this company eight years ago, when I saw the project invoices I found my time had been charged for a day I absolutely knew I didn't work - when i delved I found my signature was on a report and eight hours billed for that day when in actual fact I was under the knife having a Hernia op that day!!!!).
Handing in your notice during Furlough should be treated in exactly the same way as normal
The only difference is the company claim back (at current rates) 80% of his wages that were previously calculated. He may have been topped up by his employer, but again that is irrelevant. They can’t be requested back. It his pay.
The only difference is the company claim back (at current rates) 80% of his wages that were previously calculated. He may have been topped up by his employer, but again that is irrelevant. They can’t be requested back. It his pay.
IANAL but I believe that in order for him to have any liability the company would have to show that they had suffered a loss because he did not work his notice period. With him being on furlough that would be difficult to prove to begin with, but with (presumably) a wide availability of substitute workers (his colleagues also on furlough who could be recalled instead of him; other people who have been made redundant who could start tomorrow etc.) I would imagine it would be even harder to prove.
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