Employee wants to be furloughed

Employee wants to be furloughed despite their being sufficient work.

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Employee wants to be furloughed even though there is sufficient work for them to do.  We have suggested they can work from home, but she has three young children, who she is supposed to be schooling/looking after, her husband is working and says that her internet connection is not good.  We are constantly accommodating her.  I know these are difficult times, what options do we have.

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By Wanderer
17th Apr 2020 12:28

If there is sufficient work then goes against the aim of the scheme which was "Employers will be able to contact HMRC for a grant to cover most of the wages of people who are not working but are furloughed and kept on payroll, rather than being laid off."

Seems to be up to you, rather than a right of the employee:-
"Both you and your employer must agree to put you on furlough - so speak to your employer about whether they can claim. Once agreed your employer must confirm in writing that you have been furloughed to be eligible to claim. Contact your employer if you do not receive confirmation."
"If you are unable to work, including from home, due to caring responsibilities arising from coronarivus (COVID-19), such as caring for children who are at home as a result of school and childcare facilities closing, or caring for a vulnerable individual in your household, then you should speak to your employer about whether they plan to place staff on furlough."
https://www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronav...

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Giraffe
By Luke
17th Apr 2020 12:43

We have clients in this situation. The work is there to be done and it can be done safely but the employees do not want to. The business will suffer if the work is not done, this is not what the scheme is designed for.

They decided to refuse to furlough the staff. There is of course a significant issue with loss of goodwill if you decide to do this. The moment it is all over they may well walk so you have to weigh this up.

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Replying to Luke:
RLI
By lionofludesch
17th Apr 2020 12:46

Quote:

We have clients in this situation. The work is there to be done and it can be done safely but the employees do not want to. The business will suffer if the work is not done, this is not what the scheme is designed for.

They decided to refuse to furlough the staff. There is of course a significant issue with loss of goodwill if you decide to do this. The moment it is all over they may well walk so you have to weigh this up.

In a nutshell.

Weigh up whether you want to keep her.

The answer may well be no, from the sound of it.

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By bernard michael
17th Apr 2020 13:24

It's in the employers gift to grant furlough or not. Your problem comes if she refuses to work - different ball game

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By Mr_awol
17th Apr 2020 13:44

Giving her the benefit of the doubt, you could say that the schools and nurseries are shut, she has no convenient childcare, it is a pain in the rear end to work from home, etc and you have to have some sympathy.

In reality it sounds like she's lazy and/or inflexible and fancies a doss with only a modest pay cut - or it's only feasible for either her or her husband to homework (not both) and his job has taken priority. You say you are "constantly accommodating her" and it sounds like she is a PITA.

Personally I'd be tempted to say the firm's plan is to home work and if that means setting up a workspace in the corner of the bedroom, living room, etc then so be it - that's the price she pays for being kept on in a difficult situation. If she's so unproductive you consider laying her off then the JRS seems to apply. If she refuses to adopt the reasonable alterations you are requesting then she can always resign if she likes.

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By ohgoodgodno
17th Apr 2020 13:45

your employee isnt eligible to be furloughed and is refusing to work - different position altogether, it seems there are several options:

1. she takes time off as holiday
2. she takes time off as unpaid leave
3. she continues to work with reduced hours and pay to accommodate her current position
4. she works from home as normal
5. you take disciplinary action

without knowing what she does, there is a good chance her kids will be eligible to continue being schooled at school

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By paul.benny
17th Apr 2020 14:31

+1 to the other responses.
Authoritative guidance on acas website at https://www.acas.org.uk/coronavirus

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Morph
By kevinringer
18th Apr 2020 10:13

I want to make you aware that 3 documents were published on GOV.UK 17/04/20 evening which may help you.

1. New guide with worked examples at https://www.gov.uk/guidance/work-out-80-of-your-employees-wages-to-claim.... This addresses holiday pay including bank holidays.
2. New step-by-step guide at https://www.gov.uk/government/publications/coronavirus-job-retention-sch....
3. The employers guide has been updated (this is version 5) at https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus....

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