People, Performance and some of those unanswered queries

In times of uncertainty it is important to understand the unprecedented circumstances employers and employees face in the wake of the Coronavirus pandemic and the possible long lasting effects it may have on businesses.

During our Webinar held for AFM members many insightful questions were discussed , including understanding more about Furlough leave and dealing with the possibility that working from home will become the new ‘normal’ for many of us.

A number of questions were received about the rules and allowances surrounding Furlough Leave, with many seeking clarity about what furloughed employees can and cannot do after the scheme was introduced at the height of the pandemic in March. These questions included :

Can furloughed employees still view emails from their employer whilst away?

Answer – GreenKite’s understanding is that furloughed staff emails should clearly have an out of office on and state that they are furloughed and cannot do any work, and that the email has been forwarded to xx/y.

Can furloughed employees take part in training?

Answer- Yes

What happens if an employee does not agree to furlough but there is a business case for doing so ?

Answer – The employer should consider placing the employee at risk of redundancy. However, a fair consultation process should be followed.

Are employees entitled to annual leave during furloughed period?

Answer – Yes, they are. However, the employer should pay at normal remuneration (100 %)

If an employee is entitled to 24 days per year and they are furloughed for 3 months, are they still entitled to 24 days or 18 days?

Answer- Holiday will accrue throughout the furlough leave period; therefore, full holiday entitlement is due.

As the UK government is still advising working from home unless you are unable to, a number of other queries were made regarding the changes in the working environment and possibilities of WFH assessments having to take place, as well as entitlement to Holiday pay and Health and Safety when returning to work. Questions included :

When does working from home become ‘normal’ and people need to have WFH assessments?

Answer – Health & Safety assessments are essential to ensure safe working and execute the employer’s duty of care. If the employee has been working from home on a regular basis, it could be deemed a contractual variation, and therefore become the place of work. Further guidance should be obtained on drafting a temporary home working policy.

Could you also ask employees to take a picture of their home office / set up? This might provide some insight.

Answer – This is a good idea , alternatively a video call so they can show you and you can keep a record would be useful and you can then keep a record of needs and requirements too.

On holiday entitlement post lockdown.  The Government says staff can carry over up to 4 weeks for the next two years. Do we have to allow? Offer cash instead? Is 4 weeks meant to be 20 days?

Answer – 4 weeks carry over should only be used in exceptional circumstances, and at the discretion of the employer. However, employees cannot be denied their statutory right to take holiday because it would be a breach of The Working Time Regulations. Subject to mutual agreement employees could agree to be paid in lieu of untaken holiday that is more than the UK statutory 5.6 weeks holiday entitlement. 4 weeks holiday should be calculated as per the employee’s contractual hours of work.

Health & Safety law permits an employee to refuse to return to work if they believe the workplace to be unsafe. Is this correct?

Answer – An employee has the right not to be subjected to any detriment by any act, or deliberate failure to act, by his or her employer.

Hopefully , the answers to these queries provide useful information in managing the impacts of Coronavirus , and will guide your understanding of new challenges such as the Furlough scheme and working from home .