Notice Periods during the COVID-19 Crisis

[Gostevie]

Dear Fools,

I have been working for my current employer for about 18 months and my Contract of Employment specifies a three months' notice period on both sides. So I have to give them three months' notice to resign and they have to give me three months' notice to give me the order of the boot (barring serious misconduct on my part) or, presumably, pay me three months' salary in lieu of notice.

How is this affected by the current COVID-19 crisis and the emergency powers introduced as a result of it? Can they simply tell me my services are no longer required due to the crisis and terminate my employment without pay in lieu, or perhaps 'furlough' me and put me on the proposed 80% of salary paid by the government scheme if they have to close? Or will they have to stump up the three months' salary in lieu of notice?

I should stress that my employer is not in imminent financial distress and has a strong balance sheet and ample reserves in the bank, but could be told to close its doors if the restrictions get tighter, or might use it as a cynical excuse to reduce staff numbers.

Many thanks,

Gostevie

[EverybodyKnows]

Goestevie,

The details of the furlough scheme have not been defined as yet. It is expected, based on the various announcements, that employers will need to negotiate with their staff whether they accept being placed on furlough or not. Most people will accept it as 80% of nothing is better than nothing. Your employment rights will still exist (until at some point the they get around to watering them down or making it harder for you to bring a claim).

Moderator Message:
RS Unnecessary political point removed

It is possible that they could argue that your contract has been frustrated and that no notice is due but this is unlikely in my view and even if they a tribunal would make life hard for the employer to win that both because frustration is hard to win and also they would not want every employer taking the same approach the next time we have this type of virus.

I wouldn't assume that they will pay in lieu of notice - as in you get the cash and don't have to work. I think many employers will require staff to work their notice that way they get something out of it. Of course your sector/industry might have different norms.

You might want to keep an eye on your dates of employment. You need two years continuous service for most employment rights other than the discriminatory / whistleblowing stuff. This wouldn't impact on your notice per se but it could impact on your ability to challenge the fairness of a decision to show the door.

[Gostevie]

Thank you, EverybodyKnows, that is a very helpful and infornative reply.

Gostevie