On 12th June 2020, the Government announced further changes to the Job Retention Scheme and Furloughed Workers.
From 1st July 2020, employers are able to return Furloughed Workers to work. The decision as to what hours and what shift patterns they will return is to the absolute discretion of the business. They of course will consider workers who are Furloughed because they are shielding when making these decisions. Whilst they are working for the business, the employer can also claim for the hours not worked.
From 1 July, employers can bring furloughed employees back to work for any amount of time and any shift pattern, while still being able to claim CJRS grant for the hours not worked:
- June – July 2020: The JRS will pay out the 80% of employee’s salaries (inc the NIC and pension contributions) (capped at £2500 pm). Top up for salaries is still discretionary.
- August: The JRS will pay out the 80% of employee’s salaries. Employers will be expected to pay the NIC and pension contributions (capped at £2500 pm). Top up for salaries is still discretionary.
- September: The JRS will pay out for 70% of employee’s salaries (capped at £2190 pm). Employers will be expected to pay the NIC and pension contributions, and 10% of the employee’s salaries to make up 80% of the total (still capped at £2500 pm).
- October: The JRS will pay out for 60% of employee’s salaries (capped at £1875 pm). Employers will be expected to pay the NIC and pension contributions, and 20% of the employee’s salaries to make up 80% of the total (still capped at £2500 pm).
Some workers may not want to return to work, due to their anxiety regarding the virus or they may just be enjoying having this time away from work. Whatever the reason, workers refusing to return to work on the planned hours is a disruption to your business. If the work is there and they refuse, it could mean they are putting the business in jeopardy if they remain on Furlough, and you are claiming the Job Retention Scheme grant. This could also mean if you are audited then you could lose the right to claim. Our recommendation is to explain this to the employee and if they continue to refuse to return to work, then visit your contract of employment and handbook and review if there is a clause for short-time working and lay-off. If there is, you could enforce that. You could also consider making them redundant or follow the disciplinary procedure for insubordination.
If you are unsure what steps you can take safely, please get in contact withe one of our HR experts on 0843 176 0266 / hello@specialisedhr.co.uk.
Please visit our BLOG site for more information regarding Furlough and the Job Retention Scheme relating to your business.
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