Q and A’s re furloughed employees and short-term working

Below are some recent questions that have been asked with regard to furloughed employees, short term working and redundancy which we wanted to share with you.  Please note that as we are not specialists in this area you should speak to your own HR specialist who will be able to give tailored advice for your own circumstances.

1.  How much notice is required for short term working?

Unlike redundancy no notice is required if there is provision in the employment contract for short term working.  If not in the employment contract then you should discuss and agree with employees

2.  Can a shareholder/director be furloughed?

We do not have the details yet to know if this is the case or not

3.  If we let somebody go last week can they be rehired and the furloughed?

If within 7 days then you could bring the employee back on board – however be sure to do all of the paperwork properly.

4.  Can an employee make a claim for redundancy if on short term working?

After week 6 employees can make a claim for redundancy however the employer does not have to accept this and will need to make a detailed review of the position and all of the usual redundancy fair selection criteria before making a decision.  However, after 13 weeks redundancy would automatically apply.=

5.  Is this 6 week rule likely to change?

It is possible that this may change and we will advise if this is the case

6.  Should I make employees redundant now?

If you think that you will not require employees in the longer term then you may wish to consider redundancy now.  However, you will need to undertake a fair selection criteria and consider the relevant consultation period required depending on the number of employees affected.  In addition, you will need to calculate the cost of the redundancy.

Where an employee has worked for you for less than 2 years you do not have to pay redundancy, however you still have to undertake fair selection criteria.

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