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:
- Potential temporary contractual changes which the employer is required to impose due to Government restrictions – for example, different working hours.
- Any policy changes, for example, preventing annual leave being taken during a certain period.
- The temporary different ways of working that the employer needs to impose to comply with Government requirements, for example: minimising the use of public transport to travel to and from work; and measures to comply with social distancing in the workplace.
- The special provisions the employer is making for shielding and vulnerable employees.
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.
More questions relating to returning to work are at: www.nurseryworld.co.uk. For further information, email: hbelton@morganlaroche.com
