Most employers want to keep in touch with their employees during furlough from a relations point of view. An employer can agree to find furloughed employees new work or volunteering opportunities whilst on furlough. 14. Does there need to be a consultation process? We use cookies to improve your experience of our site (we do not track your identity). To comply with the new e-Privacy Directive we need to seek your consent to set these cookies. This is an issue which we have touched upon previously. No, on the basis that this would arguably amount to providing services to the furloughing employer. But opting out of some of these cookies may affect your browsing experience. The TUC also ran a webinar answering questions from union reps, which can be viewed here. The Government has previously confirmed that an employee who has been furloughed from their current job can take on a new job, provided this is permitted by their contract of employment. Networks. This also means union reps should be able to accompany employees to disciplinary hearings while furloughed. Necessary cookies are absolutely essential for the website to function properly. If an employer needs certain work carrying out that an employee on full-time furlough would usually undertake, and there is no one else working within the organisation that can assist or pick up the work in the absence of that person, they have the option of either taking that employee off furlough altogether or placing them on flexible furlough. Yes, a furloughed employee is entitled to take part in volunteer work whilst furloughed, including volunteer work that has been organised by the employer that has furloughed them, as long as this does not provide services to 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). Ordinarily, if you don't recognise a union or have elected representatives in place, you'd need to hold an election. GMB Union operates nationally and also locally through 9 regional offices. Ella Sheppard is an Associate in our expert Employment Law team. 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. Accordingly, if an employer requires employees to carry on working whilst furloughed and claiming their wages back under the CJRS, the employee or anyone with knowledge of this, i.e. 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. 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. Your hub for training, learning and activist development . You also have the option to opt-out of these cookies. 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. 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. In addition, if employees carry out work for their employer that is not permitted under the CJRS, this is likely to be viewed as ‘breaking’ the period of furlough. A list of members of Nelsonslaw LLP may be inspected at the registered office. 9. Hampshire pupils grade government's 'bad job' on exams as they demand answers. Who is covered by the Coronavirus Job Retention Scheme? HMRC have put in place an online portal for the public and employees to report suspected fraud in the CJRS and this is encouraged. But wherever possible, you should have the support of an experienced union representative. Smith adds that issues with communicating effectively with furloughed workers “may be particularly acute” where there are obligations to collectively consult. CAN EMPLOYEES WORK AS REPRESENTATIVES WHEN FURLOUGHED? The minimum period for which employees can be furloughed is three weeks. 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. Check the government guidance on maintaining educational provision for schools, childcare providers, colleges and local authorities in England including the key critical workers list. Nelsons Solicitors Limited and Nelsonslaw LLP are authorised and regulated by the Solicitors Regulation Authority. Below, we have answered some FAQs on what employees are and are not permitted to do whilst furloughed. 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 … Bargaining over the payment rate The government has not placed any requirement on employers to top up the wages of employees who are paid through the scheme . ACAS guidance recommends that any furlough agreement sets out how to keep in contact during furlough. How Much Do I Need To Save For Retirement? ... (COVID-19), including those that need to look after children, can be furloughed – see previous question. It is believed that HMRC are currently undertaking up to 11,000 investigations into overclaims and furlough fraud. NG1 7BQ. … 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. Furloughs can take place in both public and private institutions. This may mean that employers are not able to reclaim the total amount paid to employees in respect of periods spent training. This category only includes cookies that ensures basic functionalities and security features of the website. HMRC Confirms That Home-Schooling Parents Can Be Placed On Furlough Leave, Family Courts Release Guidance On How Hearings Will Be Conducted Under Third Lockdown – The Road Ahead 2021. How does furlough affect my holiday entitlement and holiday pay? LE1 6TU, Pennine House Furloughed workers and their reps may wish to consult the TUC's specific advice on this, which can be found here. As far as the grant scheme is concerned employees can be furloughed from one job and receive … Consult the union. 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. Sterne House Yes, a furloughed employee can undertake study and training, i.e. They should follow these four steps if risks, such as exposure to COVID-19, are identified: 1. If you do not make a selection, we will assume that you consent to the cookies being set. The employer has to have offered furlough to an employee for them to be able to be furloughed, and that offer is made in the knowledge of the rules of the scheme which, amongst other things, prohibit an employee from carrying out work for the furloughing employer whilst furloughed. 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. Training and Learning. Furlough and the Coronavirus Job Retention Scheme (CJRS). How will my pension contributions be affected by being on furlough? 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. 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. Keeping you up to date and in touch on GMB issues that matter to you. How will my pay be calculated by the Coronavirus Job Retention Scheme? Derby I am a union rep, can I carry out my union duties while furloughed? Employees with two or more employers can be furloughed for each job separately but the £2,500 cap applies to each employer individually. 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. 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. The Treasury Direction makes it very clear that a CJRS claim cannot be made in respect of an employee if it is abusive or contrary to the purpose of the CJRS. Nelsons Solicitors Limited is authorised and regulated by the Financial Conduct Authority. 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. HMRC have the right to retrospectively audit all aspects of any claim under the CJRS and if it comes to light that an employer has claimed wages in respect of a ‘furloughed’ employee who was still carrying out work whilst furloughed, the employer will be held to be in breach of the CJRS and liable to repay any monies paid either during that period or potentially any monies paid under the CJRS at all. Employers could also consider making it a disciplinary offence to work whilst furloughed in order to discourage employees from doing this. Leicester Union health and safety reps and committees have a right to be consulted by law on any changes to working practices. These cookies do not store any personal information. The extended scheme applies to employees on an organisation’s payroll at 30 October that are any of the following: 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. 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. Therefore, provided the activities undertaken do not provide services to the employer, or generate an income for the employer, they can be undertaken … FURLOUGH is a key feature of the coronavirus job retention scheme announced by Chancellor Rishi Sunak last month. What is the Coronavirus Job Retention Scheme (CJRS). Nottingham 8. 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 … We would suggest that employers consider revoking furloughed employees’ access to their work emails and either set up automatic forwarding of emails sent to those who are furloughed or permit a line manager to have access to the email inbox for the period of furlough. 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 … New Prospect House, 8 Leake Street, London SE1 7NN. Research & Policy Hub. Conduct risk assessments on coronavirus, accounting for risk of … 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. WRS is able to prepare a high-quality Written Statement for you. 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. These cookies will be stored in your browser only with your consent. 8 Stanford Street I am a union rep, can I carry out my union duties while furloughed? However, this grace period has now passed. No, on the basis that marketing activity is ordinarily carried out with the purpose of generating revenue for the furloughing employer. This includes providing services or generating revenue for any such organisation. Can employees carry out volunteer work whilst furloughed? The Finance Act provided businesses who accessed the CJRS a 90-day grace period for reviewing their compliance with the scheme, allowing them to self-report any issues to HMRC and take the necessary action to rectify non-compliance, meaning that they would most likely avoid any penalties or fine. No, and it would be unreasonable for an employer to proceed to subject an employee to disciplinary proceedings whilst furloughed for this reason. Our notaries are regulated by the Faculty Office. to maintain their skill set or upskill themselves whilst furloughed, as long as the purpose of this is to improve the employee’s effectiveness in their employer’s business or the performance of their employer’s business. The guidance has been amended to confirm: ‘while on furlough, employees who are union or non-union representatives may undertake duties and activities for the purpose of individual or collective representation of employees or other workers’. Coronavirus Job Retention Scheme (CJRS) – What Can & Can’t Employees Do Whilst Furloughed? Training for Reps. See the latest training and learning opportunities for GMB reps. … 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. Nottinghamshire 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. 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. In any case, the current pandemic, and furloughed staff, will not automatically absolve the Company of the requirements to consult about the possibility of redundancy. 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. Leicestershire Employers have a legal obligation to assess the workplace risks for pregnant employees and their unborn children, and breastfeeding mothers who have returned to work. Can I work for my employer while I am on furlough? What happens after my furlough period ends? Finally, the Guidance Note deals with employees who are working as a Union or non-Union representative whilst on furlough. No, on the basis that this would arguably amount to providing services to the furloughing employer. 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. 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. Information and resources to support bargaining and campaigns. Portsmouth teacher and National Education Union representative welcomes scrapping of SATs. 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. 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. The employer may also face fines and other penalties may be imposed by HMRC. By designating employees as “furloughed”, you will be able to recover a portion of your wage costs via the Job Retention Scheme. 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. 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). Lodge Lane While furloughed, employees retain all their employment rights and relevant collective agreements remain applicable. Employer Legal Advice – Managing Your Workforce. Nelsons Solicitors Limited’s VAT No is 385 184 329. 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. Where Unite is recognised employers should consult with the union before closing any workplaces. Yes, a furloughed employee is entitled … Ella Sheppard. Someone who is capable of presenting your case in the most convincing and effective way. Can I work for my employer while I am on furlough? We also use third-party cookies that help us analyze and understand how you use this website. 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 … DE1 3WD, Provincial House They must try to … 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. 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. How does furlough affect my holiday entitlement and holiday pay? 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. 37 New Walk It is arguable that claiming wages in respect of an employee who is still carrying out work that is not permitted under the CJRS would amount to an abuse. Is The Risk Of Data Breaches Increasing For Charities? For example, certain contracts of employment will provide that an employee must not work for another employer during the course of their employment with the organisation during working hours or without prior written consent. HMRC may audit employers who are seen to be flouting this and they can be forced to pay back all of the furloughed payments to the government via clawback. 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 Find out more in the Acas Code of Practice on time off for … 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. 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. Derbyshire 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. They must keep these risks under review as circumstances change and as pregnancy progresses, if applicable. Furlough: Can an employer ask you to work while furloughed? If an employee carries out work without the employer requiring this or knowing the work was being carried out, this could still amount to providing services and/or generating revenue for or on behalf of the organisation and prejudice the employer’s ability to claim wages under the CJRS. 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). Apprentices can be furloughed in the same way as other employees and they can continue to train while furloughed. It is mandatory to procure user consent prior to running these cookies on your website. the employee’s friends or family, can report that. “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. 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. This process can take a couple of weeks even if everyone is at work. Their registered offices are at Pennine House, 8 Stanford Street, Nottingham, NG1 7BQ. 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. And we can arrange for you to be accompanied by an exceptionally experienced and effective representative of a trade union – even if you have not … 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. Employers are also permitted to help find their furloughed employees volunteering opportunities whilst on furlough. This website uses cookies to improve your experience while you navigate through the website. 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 can be as brief or as long as the employer wants. There is a legal framework that employers must act within regarding pregnant employees and breastfeeding mothers. What happens after my furlough period ends? It is not permissible under the coronavirus job retention scheme for any furloughed employee to undertake work for the employer once they are furloughed. If an employee is required to undertake any training whilst furloughed, i.e. How do I access the Coronavirus Job Retention Scheme (CJRS)? Work whilst furloughed, employees retain all their employment rights and relevant agreements. This reason overclaims and furlough fraud Limited is authorised and regulated by the Solicitors Regulation.... Your consent to the furloughing employer progresses, if you do not a. Furloughed employee to undertake any training whilst furloughed for this reason you also have the option to opt-out of cookies! Investigations into overclaims and furlough fraud union rep, can be found here I... That marketing activity is ordinarily carried out with the purpose of generating revenue for any employee. Stored in your browser only with your consent to set these cookies includes that. 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