In response to the Covid19 pandemic, the Government have introduced a Job Retention Scheme whereby Employee’s can be placed on Furlough Leave.
At the time of writing this article, the legislation has not yet been published and Bromleys recognise that there are many questions for Employer and Employee’s alike. We have therefore prepared a FAQ in relation to the Job Retention Scheme:-
What is Furlough Leave?
In simple terms, Furlough Leave is a temporary leave of absence from work. It is intended to be an alternative to an employee being dismissed or laid off whilst the County navigates its way through the Pandemic.
Can my Employer reduce my hours and still claim Furlough Leave?
No, if you are placed on Furlough Leave you are unable to undertake any work for your employer during your leave of absence.
Can I be forced to go on Furlough Leave
Unless there is provision in your contract of employment which enables your employer to lay you off, you cannot be forced to go on Furlough Leave. However if you refuse, your employer may be left with no alternative but to consider alternatives such as redundancy.
Can an employer pick any staff to be Furloughed
Care needs to be taken to ensure that the actions do not amount to any form of discrimination. We would recommend that you contact one of our experts to discuss this further.
How much will I get paid during Furlough Leave?
It depends. Employer’s can claim a grant from HMRC to cover the lower of 80% of your regular earnings or £2,500 per month. Your employer may choose to pay the remaining 20%, or you may agree to accept a 20% reduction until such time that you are removed from Furlough Leave.
I started my employment with my Employer on 5 March 2020, am I eligible?
Unfortunately not. Furloughed employees must have been on an Employer’s PAYE payroll on 28 February 2020 but claims can be backdated until 1 March 2020 if applicable.
I work part-time, can I still be placed on Furlough Leave?
Yes. Provided that you were on your employer’s PAYE system on 28 February 2020, you can be on any type of contract to include full time and part time employee’s, employees on zero-hour contracts and employee’s on agency contracts.
Can my employer rotate my Furlough Leave with another employee?
Whilst the legislation is yet to be published, it is anticipated that this will not be possible.
Can an employer pick any staff to be Furloughed
Care needs to be taken to ensure that the actions do not amount to any form of discrimination. We would recommend that you contact one of our experts to discuss this further
How long will I be on Furlough Leave?
That depends on what is agreed with your Employer. As a minimum, if placed on Furlough Leave you must remain so for at least 3 weeks.
Is Furlough Leave the same as being laid off?
No. If you have a contractual right to be laid off, it simply means that your employer can place you on Furlough Leave without your consent. However being laid off is different to being placed on Furlough Leave and has different rates of pay and timescales.
Will I continue to accrue my holiday’s whilst on Furlough Leave?
Yes, your holiday’s will continue to accrue.
Call our dedicated Employment Helpline 0161 694 4155 for help and guidance.