hello@kilgannonlaw.co.uk

Our team is ready to answer any questions

0800 915 7777

Book your consultation today

Can you be fired while on furlough?

The Coronavirus Job Retention Scheme (CJRS), also known as ‘the furlough scheme’, has been extended until 30 September 2021. The amount of grant available to employers under the scheme will stay the same until 30 June 2021 and reduce thereafter. Yet despite this support, many businesses will struggle to survive. Cost cutting and redundancies are inevitable, leading to staff being fired.

What does it mean to be ‘fired’?

If you are fired, it means you have been dismissed. However, it may be for several different reasons, not just poor performance. For example, you can be dismissed (fired) when your employer needs to reduce the workforce through a round of redundancies


Can an employee be fired while on furlough?

Yes, if there is a strong business reason for doing so. However, an employer must follow the correct procedure otherwise it may amount to unfair dismissal.

How does the redundancy process work for furloughed employees?

Before making any redundancies, an employer must have a strong business reason for considering this option. They should also consider the impact of the support provided by the furlough scheme when making a decision.

The employer should also look at the other alternatives to redundancies, such as offering different roles to the affected employees.

Next, the employer should consult with the staff who may lose their jobs about the possible redundancies. A fair selection process and criteria must be used when deciding who may have to face redundancy.

If the employer has more than 19 redundancies under consideration, they must hold a ‘collective consultation’. Consideration will have to be given to the practicalities of holding the consultations remotely.

Employee redundancy rights

If chosen for redundancy, an employee has certain entitlements. They should receive a written notice informing them of the redundancy decision. They should also be offered a right to appeal the dismissal, and be given an appropriate notice period and redundancy pay.

The amount of notice an employee should receive depends on what is written in their contract, or how long they have worked for the employer. For example, fewer than 2 years’ service requires one week’s notice, but over that threshold requires one week’s notice for each year of service (up to a maximum of 12 weeks).

If you are made redundant you are entitled to statutory redundancy pay based on your normal wages, rather than reduced furlough pay. The furlough scheme money cannot be used towards a contractual or statutory notice payment or redundancy pay in respect of furlough periods after 1 December 2020.


Can an employer dismiss a furloughed employee for other reasons?

Yes and no. There are some things an employer cannot dismiss staff for while they are furloughed. These include but are not limited to reasons connected to protected rights under the Employment Act 2010, which lists these as:

  • Age
  • Disability
  • Gender reassignment
  • Marriage or civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation

If you are dismissed for any of the above reasons, it will likely count as unfair dismissal.


Other types of dismissal reasons

There may be other circumstances where an employer is entitled to dismiss an employee. To do so they must:

  • Have a valid reason for the dismissal. This may include gross misconduct (such as theft or violence).
  • Follow a full and fair procedure.
  • Make a decision that’s balanced and as fair as possible.

If dismissed for a good reason, the employer must still explain:

  • why they have been dismissed,
  • when the employment contract will end,
  • what the notice period is (if there is one)
  • details of the right to appeal.

They must put it in writing if the employee is pregnant or on maternity leave.

Obtaining fair and correct guidance when fired under furlough

If you have been fired during furlough, it may be worth seeking advice as to whether it was a fair dismissal, and if the appropriate process was followed in the circumstances.

Fortunately, help is on hand from Springhouse Solicitors. As a specialised and experienced team of employment law experts, we are prepared to provide clear, accurate, and reliable legal advice to affected employees. Get in touch with us today for more information.


a woman is writing on a tablet while using a laptop .
By Matthew Kilgannon 20 Mar, 2024
Every April, the Government reviews and makes changes to employment laws, including a review of financial rates. Below we set out a summary of the proposed changes coming into effect in April and beyond.
a man in a wheelchair is sitting at a desk with a woman standing next to him .
By Marianne Wright 20 Feb, 2024
In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law. Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.
a man is sitting at a desk in a dark room using a laptop computer. GDPR
By Emily Kidd 06 Feb, 2024
In an era of heightened data protection awareness and stringent regulations like the General Data Protection Regulation (GDPR), employees play a critical role in safeguarding personal data. This article explores the legal consequences that employees may face in the United Kingdom when implicated in data protection breaches at the workplace.
person holding up a mental health book and in a discussion
By Yeing-Lang Chong 22 Jan, 2024
In recognition of the importance of employee well-being, employers in the UK are increasingly implementing well-being initiatives to support the mental health and overall well-being of their workforce. These initiatives, which can include employee assistance programs (EAPs) and wellness programs, aim to provide support, resources, and interventions that enhance employee well-being. This article explores the legal framework surrounding well-being initiatives in UK employment law and highlights the benefits and considerations for employers when implementing such programs.
Female employee getting harassed at work by a colleague
By Marianne Wright 19 Jan, 2024
Creating a safe and respectful work environment is a fundamental aspect of UK employment law. This article explores the legal obligations placed on employers to address workplace harassment, highlighting the measures they should take to promote a culture of respect and protect their employees' mental health.
By Emily Kidd 04 Dec, 2023
In recent years, there has been increasing recognition of the importance of mental health in the workplace. Employment law acknowledges the sensitive nature of mental health disclosures and places obligations on employers to handle such disclosures with care, confidentiality, and without discrimination. This article explores the legal framework surrounding mental health disclosures in the workplace, emphasising the responsibilities employers have in safeguarding employee privacy and ensuring a supportive and inclusive environment.
By Emily Kidd 04 Dec, 2023
The General Data Protection Regulation (GDPR) revolutionised the way organisations handle personal data, and for Human Resources (HR) departments in the United Kingdom, compliance is paramount. This article provides a comprehensive exploration of best practices for HR to safeguard employee data and ensure GDPR compliance in the workplace.
Whistleblowing, Sexual Harassment and Gagging Clauses image
By Louise Maynard 09 Nov, 2023
On 23 October 2024, the new, positive duty to prevent sexual harassment in the workplace comes into force. The extent to which a non-disclosure agreement can prevent a worker disclosing sexual harassment will be under the limelight. In the employment context, the most common area for non-disclosure agreements is settlement agreements, under which an employee agrees to settle all claims in return for a compensation payment often where the employer has been unable to resolve a grievance including unlawful discrimination or sexual harassment.
Positive duty to prevent sexual harassment in the workplace
By Louise Maynard 03 Nov, 2023
On 26 October 2023, Parliament passed new legislation to amend the Equality Act 2010 to place a duty on employers to take reasonable steps to prevent sexual harassment of employees and workers during the course of their employment. The new duty comes into force on 26 October 2024.
What is a Deposit order in the Employment Tribunal?
By Louise Maynard 28 Aug, 2023
Employment tribunals are often reluctant to strike out cases at an early stage unless there is a compelling reason to do so. An alternative option for the Tribunal is to make a deposit order.
More Posts
Share by: