Q&As

Can an employee who is currently on furlough under the coronavirus (COVID-19) job retention scheme be given notice of termination of employment? If so, can the employer claim a grant in respect of the employee’s notice pay?

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Published on LexisPSL on 07/04/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Can an employee who is currently on furlough under the coronavirus (COVID-19) job retention scheme be given notice of termination of employment? If so, can the employer claim a grant in respect of the employee’s notice pay?

Can an employee who is currently on furlough under the coronavirus (COVID-19) job retention scheme be given notice of termination of employment? If so, can the employer claim a grant in respect of the employee’s notice pay?

There is, on the face of it, nothing to prevent an employer giving notice of termination, in accordance with statute and the contract of employment, to an employee who is on furlough under the coronavirus (COVID-19) job retention scheme (CJRS). See Practice Notes:

  1. Statutory minimum notice

  2. Contractual notice

The CJRS is designed to support employers whose operations have been severely affected by coronavirus.

To date, information on the CJRS has been provided in the form of:

  1. guidance for employers

  2. guidance for employees 

For information on which employees are covered by the scheme, see Practice Note: Coronavirus Job Retention Scheme (original version to 30 June 2020)—Which employees the employer can claim for.

When the CJRS was first announced, its stated purpose was that ‘workers in any part of the UK can retain their job [our emphasis], even if their employer cannot afford to pay them, and be paid at least 80% of their salary’ (see the Chancellor’s statement of 20 March 2020).

The guidance to date does not expressly

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