On furlough, up for redundancy, got a new job...

[doryf]

Hi All,

So I’ve been on furlough since April and my company has announced redundancies- we’re currently in the 30 day consultation period.

They’re basically taking two managers jobs and making one managers role across two stores. The person who I’m up against has not been on furlough this time so I didn’t fancy my chances and have found another role with a different company doing something completely different which I naturally haven’t told my current employer.

Question I have- or rather maybe more of a what would you do is... I have a 3 month notice period and they won’t allow us to take payment in lieu of notice ( because they plan on using our furlough payments to pay for our redundancy which unfortunately is legal) so I’ll be on their books till end of October/ November time- I naturally want to start my new role- and as I’m on furlough I can’t see them asking me to come back at any point so is there any issue in me starting my new role and getting paid my notice period from the other role?
I’m allowed to work during furlough, so there’s nothing wrong in that sense?

I’ve asked about payment in lieu of notice but that’s a hard no.

I’m unsure whether to forget the 3 months notice pay and just take the statutory and run, but the 3 months is actually worth more than the statutory so feel like it’s at least worth a try?

I’ve thought about things like if my new employer asks for references, but again, I’m allowed to work on furlough.
I think it’s only if they asked me to come in for a week, which when you’ve made someone redundant whilst they’ve been off for 3 months would be unlikely, but I could always just say my furlough job went permanent and forgo the notice and still be entitled to the statutory?

My heads all over the place and
Would just really appreciate some thoughts....

You aren't entitled, legally, to the statutory redundancy either - you already have another job before your redundancy is agreed. So if they find out they'll be entitled to come after toy for the return of the statutory redundancy. Up to you whether you take that risk. But legally, since you haven't been given notice of redundancy yet and already have another job, you are not entitled to anything - not notice (except for what you actually work) and not redundancy pay.

Thanks for the reply moondust. I don’t think I would start the new role until after I’ve been served notice and advised of redundancy ( not due to start until mid August) so my currently employer wouldn’t know I’ve got this role so should still be entitled to at least statutory?

It’s so wrong, you get told your likely to get made redundant, you do the right thing in getting in a new job and it’s actually making things harder!

You are permitted to undertake other work while on furlough and it still complies with the furlough laws BUT check your employment contract to see whether you are permitted to undertake other work at the same time. You want to make sure you are complying with the employment contract too. Congratulations on your new job, I hope you can soon put all this far behind you :-)

@MutteringDarkly thank you so much ❤️

We are allowed to take other work on during furlough, so I think it’s just whether I want to risk it..

Appreciate your post!