Can you employ someone and put them straight on furlough?

If your employee has more than one employer they can be furloughed for each job. Employees can be furloughed in one job and receive a furloughed payment but continue working for another employer and receive their normal wages.

Is it a legal requirement to furlough staff?

The employer and employee must agree any reduction in pay at the outset in accordance with the furlough process. This is not a legal requirement of the employer, but should the employer choose not to do so then they must explain why.

Can employees be put back on furlough?

You can claim back from both the Coronavirus Job Retention Scheme and the SSP rebate scheme for the same employee but not for the same period of time. When an employee is on furlough, you can only reclaim expenditure through the Coronavirus Job Retention Scheme, and not the SSP rebate scheme.

Can I refuse to be furlough?

Can I refuse to be furloughed? Yes. You cannot be forced into being furloughed and any changes to your employment contract should be agreed.

How much notice do you have to give on furlough?

An employee on furlough will be entitled to at least one week’s notice if employed between one month and 2 years, and one week’s notice for each year if employed between 2 and 12 years, up to a maximum of 12 weeks.

Can you claim notice pay on furlough?

If the employee leaving has been on ‘furlough’ during the coronavirus (COVID-19) pandemic, they may have received reduced pay in the 12 weeks leading up to their statutory notice period. From 1 December 2020, the employer cannot claim payments from HMRC’s Coronavirus Job Retention Scheme during the notice period.

Can a company put an employee on furlough?

Employers can furlough employees who are clinically extremely vulnerable or at the highest risk of severe illness from coronavirus. It’s up to employers to decide if they will furlough these employees. An employer does not need to be facing a wider reduction in demand or be closed to be eligible to claim for these employees.

Who are the people who can be furloughed?

Who can be furloughed. Employers can put someone on furlough, as long as they were employed on or before 30 October 2020. They do not need to have been on furlough before. Any of the following can be put on furlough, whether they work full time or part time: employees; workers; agency workers; those on zero-hours contracts; apprentices

When do you have to go on furlough in the UK?

From 1 July 2020, a furloughed employee or worker can agree with their employer to be put on ‘flexible furlough’. This means they can work some of their usual hours and be put on furlough for the hours they do not work. This can be a difficult time for both employers and staff.

Is the legal infrastructure around furlough still changing?

The legal infrastructure around furlough is changing on a daily basis. The content of these answers have been sourced from the government’s update on 3 March 2021 and may continue to change. Please contact a member of our team for bespoke legal advice.

Can a company put a person on furlough?

Employers can also put someone on furlough who is temporarily unable to work because: Employers may also be able to re-employ and then put on furlough staff who’ve recently left their jobs or been made redundant.

How long can an employee be furloughed from work?

A furlough is a break in employment for a specified period of time. There’s some flexibility in instituting and managing furlough. For example, you may decide to furlough an employee for a 90-day period but then decide to recall them after 75 days—or perhaps extend the furlough to 120 days.

How to vary employment agreement to allow you to furlough your employees?

So what you need to do, as well as notifying them of your intention to furlough them, is formally vary your existing employment contract with them to add in the power to reduce their wage and the ability to offer no work. How do you vary an employment agreement to allow you to furlough your employees?

What is the rule for public sector furloughs?

For salaried exempt employees, in the case of public sector employees, a specific rule applies to furloughs as described in the following regulatory text, 29 C.F.R. 541.710 :