Check which employees you can put on furlough
by Sunny Rafaeli
The Government has updated its guidance on the Coronavirus Job Retention Scheme (furlough).
It has clarified that furlough can be used where an employee:
– is clinically extremely vulnerable, or are at the highest risk of severe illness from coronavirus and following public health guidance
– has caring responsibilities resulting from coronavirus, including caring for children who are at home as a result of school and childcare facilities closing, or caring for a vulnerable individual in their household
The new guidance will no doubt provide a welcome relief to parents with childcare obligations, as they may now be able to use the furlough scheme instead of having to take annual leave or unpaid parental leave.
Employers should note that there is no obligation for them to place employees on furlough. However, they should consider making use of this extension to assist employees who are struggling to balance work with childcare responsibilities, or those who may be clinically vulnerable.
As ever, employers should bear in mind that a period of furlough should be agreed with the employee first, as making a unilateral decision could expose the employer to potential claims. Particular regard should be given to equality and discrimination laws, which will continue to apply in the same way.
Also, employers should continuously monitor the guidance from the government as it is regularly updated and changed.
The government guidance can be accessed here: https://www.gov.uk/guidance/check-which-employees-you-can-put-on-furlough-to-use-the-coronavirus-job-retention-scheme
If you require assistance in relation to any of the above issues or any other employment related matter, please contact our specialist team at Lennons. We can be contacted on 01494 773377 or hello@lennonssolicitors.co.uk