Employer can extend a period of furlough which has already started for any amount of time (so they don't have to bring them back and re-furlough) but the scheme end date (currently 30 June 2020) is the last day employers can claim for through the Scheme; Company … This includes providing services or generating revenue for any such organisation. FURLOUGH is a key feature of the coronavirus job retention scheme announced by Chancellor Rishi Sunak last month. If your employer is putting pressure on you to work, even though they have applied to the government’s furlough payments scheme, then contact your trade union. It is mandatory to procure user consent prior to running these cookies on your website. Who is covered by the Coronavirus Job Retention Scheme? Under the rules of furlough, it is clear that in order to be eligible to be claimed for under the CJRS, an employee cannot undertake work for or on behalf of the employer’s organisation, or any organisation linked or associated with the employer’s organisation whilst on furlough. Sterne House Can I work for my employer while I am on furlough? If an employer asks its employees to carry out work whilst on furlough, the employer will be jeopardising their right to claim back the wages in respect of those employees that are carrying out work for the period during which they are carrying out work under the CJRS. Does there need to be a consultation process? We use cookies to improve your experience of our site (we do not track your identity). This also means union reps should be able to accompany employees to disciplinary hearings while furloughed. Research & Policy Hub. NG1 7BQ. the employee’s friends or family, can report that. And in Idaho, the Kuna school district furloughed more than half its staff, about 145 employees, after the governor asked districts to cut 1 percent of their spending for this school year. Notwithstanding the above, it is key that employers bear in mind that employees must not do any work that makes money for the organisation or provides services to the organisation or any linked or associated organisation, as this is prohibited under the CJRS. It is worth noting that there is no obligation on an employer to permit an employee to work for another employer whilst furloughed if this is prohibited by the contract of employment, although the employee would have a valid argument that any alternative work would not be interfering with their work for the furloughed employer, as no such work is required. Coronavirus Job Retention Scheme (CJRS) – What Can & Can’t Employees Do Whilst Furloughed? We also use third-party cookies that help us analyze and understand how you use this website. Below, we have answered some FAQs on what employees are and are not permitted to do whilst furloughed. By law, trade union and employee representatives have the right to: reasonable paid time off for trade union duties; reasonable time off for training; reasonable access to constituent employees and workplace facilities; You must not dismiss someone or treat them unfairly (cause them 'detriment') because they’re a trade union or employee representative. Given that the employee must not be generating income for the employer or providing services for the employer, the concern was that a Trade Union Representative or an employee representative carrying out duties (for example, in a … Employers could also consider making it a disciplinary offence to work whilst furloughed in order to discourage employees from doing this. “Employee and trade union representatives, who may need to be consulted on redundancy during furlough, can perform their duties without breaking their furlough,” she says. But wherever possible, you should have the support of an experienced union representative. We use the word “partner” to refer to a member of Nelsonslaw LLP and/or a director of Nelsons Solicitors Limited and its use in connection with the business of Nelsons Solicitors Limited should not be construed as an indication that any member or director carries on business in partnership with any other member or director within the meaning of the Partnership Act 1890. Employers are also permitted to help find their furloughed employees volunteering opportunities whilst on furlough. A furloughed employee is not absent without leave and it is difficult to identify how an employer might frame a refusal to work whilst furloughed as misconduct when this is in accordance with the rules of the CJRS. ... (COVID-19), including those that need to look after children, can be furloughed – see previous question. What happens after my furlough period ends? In October, Southwest asked 12 unions that represent more than 80 percent of their workforce to accept 10 percent pay cuts in order to avoid furloughs. At Nelsons, our view is that employers can and indeed should maintain contact with employees during furlough to keep them in the loop and provide them with any important updates on how the business is operating and reassure them that they have not been forgotten about just because they are not working and/or visible. Therefore, provided the activities undertaken do not provide services to the employer, or generate an income for the employer, they can be undertaken … But opting out of some of these cookies may affect your browsing experience. LE1 6TU, Pennine House Leicester However, negotiators should make the case for full payment, given that the employer would only be providing 20% of the cost for any employee whose … Full details are yet to come from the government, but employees and workers can now be furloughed/ flexible furloughed on the extended scheme if they were on PAYE at 30 October 2020. How will my pay be calculated by the Coronavirus Job Retention Scheme? This means that your furloughed employees will still receive at least 80 per cent of their wage from you even though they are not doing any work. The rules relating to the CJRS and the interpretation of those can be quite complex and the penalties for non-compliance with those rules can be damaging for employers, both financially and reputationally if any non-compliance is picked up in the media, for example. Further, the Government has previously confirmed that whilst on furlough, an employee is still permitted to undertake union or non-union representative duties and activities for the purposes of individual or collective representation of employees or other workers, as long as they do not provide services to or generate revenue for or on behalf of the furloughed employer or any linked or associated organisation. New Prospect House, 8 Leake Street, London SE1 7NN. An employer can agree to find furloughed employees new work or volunteering opportunities whilst on furlough. If an employee is required to undertake any training whilst furloughed, i.e. If you require any advice or assistance regarding the CJRS, furlough or any other coronavirus-related matters, please do not hesitate to get in touch with Ella or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form. Yes, after lobbying from Prospect, the government have recently clarified that union reps can continue to carry out union duties and support members even when furloughed. Lodge Lane I am a union rep, can I carry out my union duties while furloughed? Ordinarily, if you don't recognise a union or have elected representatives in place, you'd need to hold an election. ACAS guidance recommends that any furlough agreement sets out how to keep in contact during furlough. Necessary cookies are absolutely essential for the website to function properly. The extended scheme applies to employees on an organisation’s payroll at 30 October that are any of the following: Is The Risk Of Data Breaches Increasing For Charities? There is a legal framework that employers must act within regarding pregnant employees and breastfeeding mothers. Consult the union. Furlough and the Coronavirus Job Retention Scheme (CJRS). Someone who is capable of presenting your case in the most convincing and effective way. Any study or training undertaken must not provide services to, contribute to the business activities of or generate revenue for or on behalf of the employer who has placed them on furlough (or any linked or associated organisation of the employer). Training for Reps. See the latest training and learning opportunities for GMB reps. … Furloughed workers and their reps may wish to consult the TUC's specific advice on this, which can be found here. Yes, after lobbying from Prospect, the government have recently clarified that union reps can continue to carry out union duties and support members even when furloughed. Conduct risk assessments on coronavirus, accounting for risk of … Their registered offices are at Pennine House, 8 Stanford Street, Nottingham, NG1 7BQ. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. If the furlough agreement does not contain such a term, then technically the employee will not have to reimburse the employer for monies paid whilst on furlough in order for the employer to then reimburse HMRC. Keeping you up to date and in touch on GMB issues that matter to you. Drafting and reviewing marital agreements, Investment management planning and strategies, Strategies to calculate your future income, Managing your financial and legal affairs, Resolving commercial and business conflicts, Corporate and personal, bankruptcy and liquidations, Services for landlords and commercial tenants, Contracts and alternative dispute resolution, Expert training for your school or academy, Written by 8. As above, in order for an employer to keep control and check over what an employee is or is not doing whilst furloughed, we would recommend considering revoking access to work emails for those that are furloughed and making it clear in the furlough agreement that an employee is not permitted to carry out work whilst furloughed. Can employees carry out volunteer work whilst furloughed? The employer may also face fines and other penalties may be imposed by HMRC. At a time where many businesses need to be very careful with their finances, we would recommend that employers take expert legal advice where they are unsure on any aspects of the CJRS. Leicestershire The TUC also ran a webinar answering questions from union reps, which can be viewed here. No, and it would be unreasonable for an employer to proceed to subject an employee to disciplinary proceedings whilst furloughed for this reason. While furloughed, employees retain all their employment rights and relevant collective agreements remain applicable. There is a risk that providing handover information whilst an employee is furloughed will amount to providing services to the organisation or even generating revenue for the organisation, which would be in breach of the CJRS. What is the Coronavirus Job Retention Scheme (CJRS). It has been confirmed that the Coronavirus Job Retention Scheme (CJRS) has been extended to the end of April 2021 to help support businesses and employees throughout the winter months. The minimum period for which employees can be furloughed is three weeks. Union health and safety reps and committees have a right to be consulted by law on any changes to working practices. This is an issue which we have touched upon previously. Derbyshire This category only includes cookies that ensures basic functionalities and security features of the website. We would recommend that employers speak to employees they wish to furlough at the point of furloughing them regarding the employee’s current workload and tasks that need to be completed in order to effect a full handover. to complete an online course, they must be paid the relevant national minimum wage in respect of any time spent training, even if this is more than 80% of their wage, as this qualifies as working time for the purposes of the legislation. This process can take a couple of weeks even if everyone is at work. 9. Where Unite is recognised employers should consult with the union before closing any workplaces. Employees may therefore be able to be involved in social and charitable events, be informed and consulted with about changes happening within the business and take part in HR matters, such as giving evidence in disciplinary proceedings. A breach of the CJRS will only affect employees (in monetary terms) if the furlough agreement between the employer and the employee contains terms providing that the employee has to repay monies received during any period of furlough in the event that HMRC withhold monies or require repayment. No, on the basis that this would arguably amount to providing services to the furloughing employer. Portsmouth teacher and National Education Union representative welcomes scrapping of SATs. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Furloughs can take place in both public and private institutions. However, an employee can take part in volunteer work of training, as long as it does not provide services to or generate revenue for the organisation. Ella Sheppard is an Associate in our expert Employment Law team. Yes, after lobbying from Prospect, the government have recently clarified that union reps can continue to carry out union duties and support members even when furloughed. Ella Sheppard. Yes, a furloughed employee can undertake study and training, i.e. Check the government guidance on maintaining educational provision for schools, childcare providers, colleges and local authorities in England including the key critical workers list. 8 Stanford Street Derby Emma Ahmed, a professional support lawyer at Hill Dickinson, says that because most UK employment contracts will not contain provisions where an employer can force an employee … Yes, a furloughed employee is entitled … Training and Learning. Information and resources to support bargaining and campaigns. Southwest said it issued warnings on Thursday to approximately 1,500 flight attendants, 1,200 pilots, 2,500 ramp, cargo and operations staffers, and about 1,200 customer service representatives. Our notaries are regulated by the Faculty Office. A list of members of Nelsonslaw LLP may be inspected at the registered office. … As above, HMRC have the right to audit claims and the Government guidance states that payments may be withheld or need to be repaid in full to HMRC if any claim is found to be fraudulent or based on dishonest or inaccurate information. You may be aware that the Company will have collective consultation obligations if you are proposing to make redundant at least 20 employees at one establishment within 90 days. How does furlough affect my holiday entitlement and holiday pay? I am a union rep, can I carry out my union duties while furloughed? How will my pension contributions be affected by being on furlough? If you do not make a selection, we will assume that you consent to the cookies being set. How does furlough affect my holiday entitlement and holiday pay? Your hub for training, learning and activist development . Nottinghamshire Nelsons Solicitors Limited’s VAT No is 385 184 329. No, on the basis that this would arguably amount to providing services to the furloughing employer. This means that an employee with two jobs can have 80% of their salary reimbursed with a cap of £5,000, or more, if the employers both top the salary up above the grant level. Most employers want to keep in touch with their employees during furlough from a relations point of view. What happens after my furlough period ends? There is also a risk that employees would respond to emails received or action points contained in emails, which would be in breach of the CJRS, even if an employee only replied to one or two emails. By designating employees as “furloughed”, you will be able to recover a portion of your wage costs via the Job Retention Scheme. Nottingham If this is the case, we would recommend that parties agree a variation to the terms of the contract in writing on a temporary basis or that the employer provides that written consent, specifying that this only applies in relation to any period of furlough whilst the coronavirus pandemic is on-going. Nelsons Solicitors Limited is a limited company registered in England and Wales (Reg No: 07219010) and a wholly owned subsidiary of Nelsonslaw LLP, a limited liability partnership registered in England and Wales (Reg No: OC335458). Nelsons Solicitors Limited is authorised and regulated by the Financial Conduct Authority. Employees who are receiving sick pay while self-isolating cannot be furloughed, but can be furloughed once their isolation period is over, according to government guidance. For my employer while I am a union rep, can be is. To providing services to the cookies being set ( CJRS ) is 385 184 329 National union! 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