Blog Layout
Flexible Furlough
Flexible Furlough
The Government’s guidance on the availability of flexible furlough was updated on 12th June.
At first blush, this seems to be exactly as described; allowing total flexibility:
“From 1 July, employers can bring furloughed employees back to work for any amount of time and any work pattern, while still being able to claim the grant for the hours not worked.”
However, as ever, the devil is in the detail and there are limitations in place for how this can be used. This includes:
1. No-one new.
From 1st July, you can only claim for “…employees that you have successfully claimed a previous grant for.” “This means they must have previously been furloughed for at least 3 consecutive weeks taking place any time between 1 March and 30 June 2020.”
Where no-one new can now be placed on furlough for the first time (the cut-off date was 10th June), it means the people for whom you can claim will be limited. The only exception to this is anyone returning from statutory parental leave.
2. 3 week rule
If an employee (who must have previously been furloughed) comes back to work and starts a new period of furlough leave before 1st July, then they must still remain on furlough leave for a minimum of 3 weeks. The guidance gives the following example:
“…a previously furloughed employee can start a new furlough period on 22 June which would have to continue for at least 3 consecutive weeks ending on or after 12 July. After this the employee can then be flexibly furloughed for any period.”
3. Claims must be for at least a week
Although flexible furlough agreements can last any amount of time, the period that you claim for must be for a minimum claim period of 7 calendar days.
4. Agreement?
The guidance says; “If you flexibly furlough employees, you’ll need to agree this with the employee (or reach collective agreement with a trade union) and keep a new written agreement that confirms the new furlough arrangement.”
We’ve had this issue previously and the reference to “agreement” is misleading, as the employees do not need to formally agree to flexible furlough; indeed, through their conduct of refusing you will quickly know if this is not agreed by your staff (not that here’s much they can do if you choose to adopt flexible furlough). You should record in writing that you are adopting flexible furlough and how it will work.
5. Records
You are required to keep the written record of how you use flexible furlough for five years. You must also keep records of how many hours each person works and remains furloughed for.
6. Furlough restrictions
The current limitations about work continue to apply so while furloughed you “…cannot ask them to do any work for you that:
• makes money for your organisation or any organisation linked or associated with your organisation
• provides services for your organisation or any organisation linked or associated with your organisation”
Your employee can:
• take part in training
• volunteer for another employer or organisation
• work for another employer (if contractually allowed)
7. Maximum number
From 1st July, there is one further limit to be aware of, which means the maximum number of people you can claim for in any single period “…cannot exceed the maximum number of employees you claimed for under any claim ending by 30 June.”
For example, if you have previously submitted three claims between 1 March 2020 and 30 June, in which the total number employees furloughed in each respective claim was 30, 20 and 50 employees, then the maximum number of employees that you can furlough in any single claim starting on or after 1 July is 50.
While the flexible furlough scheme should work very well to allow businesses to flex their staff as demand increases with lock-down easing, there are a few issues to be aware of and consider, especially as we transition to the new rules from 1st July.
If any of the issues discussed above are a concern to you, or if you would like specific advice, please contact the writer, Matthew Kilgannon, via mk@kilgannonlaw.co.uk
or on 01483 388 901.
Kilgannon & Partners LLP is a specialist employment law firm where our experienced employment law partners offer practical, prompt and professional employment law and HR advice.
19th June 2020. © Kilgannon & Partners LLP
Gerard Airey and Courtney Step-Marsden succeed in statutory redundancy pay claim - The Claimant was entitled to refuse an offer to take a lower-ranked role within a very large project
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.
We are delighted to announce that @DominicHolmes has joined us as a Partner. Dom has over 18 years’ experience advising employers and senior executives on strategic employment law issues, including several years leading the highly-regarded employment team at Taylor Vinters.
We are thrilled to celebrate Marianne Wright well-deserved promotion to Senior Associate!
We are excited to be able to share the news that Kilgannon & Partners and Just Employment Solicitors have joined forces. This has enabled us to further strengthen the firm and create one of the largest boutique employment and immigration law firms in the UK.
The General Data Protection Regulation (GDPR) has been a game-changer in the world of data protection, and its implications for employers in the United Kingdom are substantial. In this comprehensive guide, we will demystify GDPR, exploring its fundamental principles and the profound impact it has on the workplace.
We are delighted to have succeeded in an appeal against HSBC Bank PLC for the Claimant, Ms Chevalier-Firescu.
The EAT has agreed with our arguments advanced by @Elaine Banton of counsel, that the Tribunal was wrong to strike out her claims.
The matter will now be remitted to a differently constituted Tribunal to decide how next to proceed with the case.
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. Understanding Harassment Harassment in the workplace encompass unwelcome behaviour that violates an individual's dignity, creates an intimidating, hostile, degrading, humiliating, or offensive environment, and can have a detrimental impact on mental well-being. Such behaviour can be based on protected characteristics, including race, gender, age, disability, sexual orientation, or religion. Legal Framework The Equality Act 2010 is the key legislation governing harassment in the workplace. It provides a legal framework for protecting employees from discriminatory behaviour and sets out the employer's responsibility to prevent and address such conduct. Under the Equality Act 2010, employers have a duty to: Prevent Harassment: Employers should take proactive steps to prevent harassment in the workplace. This includes implementing clear policies, providing training to employees, and fostering a culture of respect. Investigate and Address Complaints: Employers are obligated to thoroughly investigate complaints of harassment and take appropriate action to address the issue. This may involve disciplinary measures, counselling, or mediation to resolve conflicts. Provide a Grievance Procedure: Employers should establish a clear and accessible grievance procedure that allows employees to raise concerns about harassment. This ensures that complaints are addressed promptly and fairly. Vicarious Liability: Employers can be held vicariously liable for the actions of their employees in cases of harassment. This means that employers may be legally responsible for the misconduct of their employees, even if they were unaware of the behaviour. Preventing and Addressing Harassment To effectively address and prevent workplace harassment, employers can implement several measures: Policies and Training: Employers should develop comprehensive anti-harassment and anti-bullying policies that clearly define unacceptable behaviour and provide guidance on reporting procedures. Regular training sessions can also educate employees on their rights and responsibilities. Promote a Positive Work Culture: Employers should foster a work environment that promotes respect, inclusivity, and open communication. This can be achieved through regular communication, team-building activities, and diversity and inclusion initiatives. Encourage Reporting: Employers should encourage employees to report incidents of harassment or bullying without fear of reprisal. This can be achieved by assuring confidentiality, providing multiple reporting channels, and offering support throughout the process. Swift and Appropriate Action: Employers must take prompt and appropriate action when a complaint is made. This involves conducting impartial investigations, providing support to the affected employee, and implementing disciplinary measures when necessary. Legal Implications Failure to address and prevent workplace harassment can result in legal consequences for employers. Employees who experience harassment may bring claims under the Equality Act 2010, alleging discrimination, harassment, or victimisation. If an employment tribunal finds the employer liable, it can order compensation, issue financial penalties, and damage the employer's reputation. Conclusion UK employment law places a significant duty on employers to address and prevent workplace harassment, recognising the impact on employees' mental well-being. By implementing robust policies, providing training, fostering a positive work culture, and promptly addressing complaints, employers can create a safe and respectful environment for their employees. Compliance with legal obligations not only protects employees' rights but also contributes to a productive and harmonious workplace where individuals can thrive professionally and maintain their mental health.
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.
Recognising the importance of inclusivity and equal opportunities, UK employment law mandates that employers make reasonable adjustments, where possible, to accommodate those employees who have a disability including those with certain mental health conditions. These adjustments aim to provide support and enable individuals to perform their roles effectively.