Returning to work
According to recent news reports, the government is planning to issue guidance on how the country can safely return to work.
Alok Sharma, Business Secretary, is aiming to produce around 10 papers setting out in detail how we all can do this, once the lockdown is eased.
It’s likely that outdoor sectors will see restrictions eased first, with hospitality businesses being last. We will, of course, keep you updated with any news regarding this.
Q: If an employee has been furloughed for three weeks, do they then have to be furloughed for another three weeks in order to make another claim?
A: Employees have to be furloughed for a minimum of 3 weeks in order for the Company to be able to make a claim for the grant. However, as long as an employee has been furloughed for at least 3 weeks, any time after that they would be able to return to work and the company would be eligible to claim, therefore employees can be furlough for 3, 4 or 5 weeks etc.
If employees return to work and are then placed on furlough again, each period of furlough should be at least 3 weeks in order for eligibility under the claim.
Q: If we have furloughed some employees, but retained others from the same team, if a retained employee goes off short term sick, can we bring a furloughed employee back to cover them (even if just for a day) and, if so, how would that affect our payment claim?
A: The government have advised that the Furlough scheme is not there to support short term sickness absence, however, if you have furloughed some employees and one who remained at work went off sick, if you had to take one employee off furlough, if they have not been furloughed for 3 weeks straight, then they will not be eligible for the grant under the scheme. The Company will be liable to pay the employee 80% of their normal wage for the time their furlough started and ended, and they will not be able to claim this back through the job retention scheme.
If the employee had been on furlough for at least 3 weeks, the company could take that individual off furlough and claim through the scheme up until the date that that period of furlough ended.
Q: If there’s a BH during someone’s furlough leave, does that still count as a day’s holiday taken?
A: Yes, Bank Holidays can still be taken as part of a Furlough period, the Company will still be able to claim for 80% of the employee’s wage for that day, however as it is a day’s holiday, any bank holidays used from an individual’s holiday entitlement should be topped up to 100% of their normal wage for that day by the company.
Q: When everyone’s back to work as normal, how should we handle holiday requests to avoid tension. Should we prioritise those who weren’t furloughed? Bearing in mind that restrictions may be lifted during the summer months and non-furloughed employees may well be desperate for some time off?
A: The Government introduced legislation following the COVID-19 outbreak which allows employees who have been unable to take their statutory annual leave entitlement in any given holiday year, because the business has been unable to allow holidays during that period, to carry over up to four weeks unused leave for the next two holiday years. There is no provision to allow employees to carry over holiday entitlement, where they have had the opportunity to book holiday and have failed to do so.
When all employees are back to work, employers should handle holiday requests in a fair and consistent way, balancing the needs of employees to take their holiday entitlement and the need for the business to meet the requirements of its clients.
Employers should review their holiday policy for the remainder of the year and share this with its staff so all employees know what the rules and expectations are in regards to holiday requests for the rest of the year. It may be that employers only allow a maximum of one week’s leave per employee during a certain period, for example the summer months, to give all employees the opportunity to book a holiday during that time. Remember, any unused holiday up to four weeks can be carried over until the next two holiday years (if an employee wasn’t able to take holiday due to business reasons).