Coronavirus - HR & Employment Law - FAQs

At the beginning of the month the CFA were pleased to announce an additional support service for CFA members, a HR specialist/Consultant, Charles Waterlow.

Charles has put together some useful FAQ’s on ‘Furlough’ available below and is also available for an initial telephone consultation free of charge, but this can be escalated to email and even site support if required.

Charles can be contacted on his mobile number 07774 277352 or emailed at charleswaterlow@gmail.com. As ever, the CFA is working for you, to deliver meaningful benefits.

I haven’t issued contracts to my employees. Can I furlough them?

Ideally you will have issued contracts since with effect from the 6th April 2020 it became a legal requirement to issue all employees with a contract of employment, (or a written statement of employment particulars) from their first day of work. Formerly it was a requirement to issue a contract within 8 weeks of commencing employment. If the contract contains a ‘lay off’ clause allowing the employer to ‘lay off' employees when there is a shortage of work, then furloughing employees can be done by simply advising staff and confirming it in writing. If there is no clause or a contract has not been issued, you will have to consult with employees and seek their consent. In the current circumstances it is unlikely that staff will resist, and thereafter you will have to confirm the furlough in writing.

Having placed my employees on furlough, when will I be able to claim back the furlough pay?

The government have announced that the HMRC portal will go live on the 20th April

It’s the bank holiday, and some furloughed staff also have holidays booked over the next few weeks. Can they cancel their holiday?

Employees can be on holiday during a period of furlough, although they must be paid in full for the days of holiday, rather than receiving 80% furlough pay. So for example over the Easter bank holiday you should pay in full for the two public holidays and it will come out of their 8 day annual public holiday entitlement. What about employees who pre-booked holiday before the shutdown? Most Employers are allowing staff to defer their holiday until later in the year.  Although it is likely to be unpopular, an Employer could technically insist that the pre-booked holiday comes out of their annual holiday entitlement. Once again they must be paid in full for the days of annual leave.

Can I furlough someone who is off sick or just returning from sick leave?

Employers are free to switch employees from sickpay to furlough and vice versa, although this should not be abused by using furlough to 'top up' small amounts of SSP for short term absences.  Also, employers can furlough 'shielding' employees, and they do not have to be placed on sickpay.

I have apprentices. Can they be furloughed?

Yes they can be furloughed and can continue to receive training, however they cannot do any work that would further the organisation’s business.

As a Company Director, can I furlough myself?

Yes, Directors can be furloughed and can continue to discharge their statutory duties, although they must not undertake any work which would generate commercial revenue or provide services to or on behalf of their company. When furloughing a company director this should be formally adopted as a decision of the company, noted in the company records and communicated in writing to the director.