A furloughed employee has given 1 months notice per the employment contract but the employer has served a counter notice of 1 week. There is no misconduct involved. Is this legal? I think not as in my opinion the contract is closed by the employee getting there first
Any opinions gartefully received
Replies (35)
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No win no fee
With a guaranteed win
Edit
Not guaranteed if contract permits shorter notice from employer
To employee 100% of three weeks
To employer 20% of three weeks
If the employee gives notice, why does the employer have to top up furlough pay ?
If employment is less than 2 years then the employer doesn't need to give a reason for dismissal. I may be wrong but I think the employer is legally within their rights to do this, although I do agree it's underhand of them.
The employee has exercised their right to give notice, and the employer has also exercised their right to give notice.
The answer is surely in the employment contract, if it exists.
If on furlough, how much does employer gain by being unhelpful?
The answer is surely in the employment contract, if it exists.
If on furlough, how much does employer gain by being unhelpful?
Absolutely no reason not to extend their furlough to 31st July
EDITED, I really must learn to read.
The contract clearly states the employee is required to give the employer one month's notice whereas the employer only has to give 1 week's notice for the 1st 2 years (which this is).
The employer is trying to save 3 weeks pay
It's irrelevant to this but this action is taking place in Scotland
Not even that Bernard, furlough to 31st July and top up the furlough pay to the employee's usual pay for the period. Are you in a position to influence? It may be the employer hasn't realised that.
Concur
Is 20% of three weeks worth the foul taste in mouth that his other employees can taste.
The employer is as bound by the contract as the employee is. If the employer wants him gone after a week, then fine. He's still got to pay the contractual notice.
EDIT: IGNORE ME. I hadn't seen bernard's reply immediately before mine.
The employer is as bound by the contract as the employee is. If the employer wants him gone after a week, then fine. He's still got to pay the contractual notice.
Not saying you're wrong, but would be interested in seeing something to back that up. I see the employers right to give a weeks notice superseding the employee's right, but I could be wrong.
The employer's actions look and feel wrong - but that doesn't make them unlawful. I think this is a question best directed to acas.
Can we just recap here ?
If the employer accepts the resignation, it costs him 80% of the employee's normal pay for four weeks, which he gets back in full from the Government.
If he trumps it with his own notice of dismissal, it costs him 100% of a week's pay , which he has to pay himself. Even if he's successful at Tribunal. Which seems unlikely. And, if he loses, he'll probably be out of time to claim CJRS.
Is this lad a fool or what ?
https://www.redmans.co.uk/resignation-from-work-a-guide/#7
Can my employer terminate my employment after I’ve given my notice?
There are generally three circumstances in which your employer could terminate your employment after you’ve given notice of termination:
Counter-notice by your employer: there is no statutory provision for the employer to give counter–notice following receipt of notice from the employee. However, there are certain circumstances in which they may do so;
Termination by your employer and paying you in lieu of notice: if your contract allows it then your employer may terminate your employment immediately and pay you a sum of money in lieu of the sums you are entitled to during your notice period;
Summary termination by your employer: there are circumstances in which your employer could terminate your employment without notice – for example, if, during your period of notice, your employer finds you guilty of gross misconduct then it could elect to terminate your employment summarily. You may have a claim for unfair dismissal in such circumstances
I'm 1,000% sure that the employee will accept the offer of 1 week's pay instead of 4 week's.
Hooray
Employee gets his entitlement
And has every right to tell the entire World what a ***** the employer is.
With the accidental unintended benefit of making the employer a bit richer, in money terms only
Wouldn’t it have been cheaper just to bear the 20% rather than the time and fees spent contacting all the advisers? Or nil according to Lion.
An Update
The employee has been an active little B
The AWEB advice given agrees with that of Peninsular, ACAS, CAB 2 firms of solicitors and a Scottish employment lawyer
Ah, Scotland.
First time I've noticed Scotland being mentioned.
I didn't want to be accused of r****** !!
Happen. But it's a legal question from another jurisdiction.