Nursery World - Childcare Counsel - returning from furlough

Hannah Belton, director and head of employment law, Morgan LaRoche, on returning to work from furlough

What information should an employer provide when it notifies an employee that their furlough period is due to end?

In addition to confirming the date the employer wishes the employee to return to work, employers should consider whether the following information will need to be provided:

What happens when an employee refuses to return to work?

An employee refusing to return to work in response to their employer’s request to do so is arguably not willing and able to work.

If they are contractually obliged to return and fail to do so, they are unlikely to be entitled to wages (or furlough pay) and they may be subject to disciplinary action for unauthorised absence. However, an employer must consider whether there is any particular reason (such as shielding, family members that are shielding, childcare issues or health and safety concerns) to explain why an employee is not keen to return to work. There is potential for whistleblowing and health and safety tribunal claims if such matters are not handled properly.

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