There has been another revision to the guidance on the Job Retention Scheme (Furloughing Employees) over the weekend.
Clarity has been given regarding furloughing staff who have to shield or who are living with someone who has to shield. The previous guidance said this could only be done if someone was also at risk of redundancy. That wording has now been removed and so such an employee can be furloughed and does not have to be placed on sick pay.
The guidance has also been updated to confirm that employees can be switched from sick pay to furlough and vice versa but there is a warning that this should not be abused to use furlough to top up small amounts of SSP for short term absences.
There is also now confirmation that those employees who have certain work visa’s can be furloughed and will not be in breach of the conditions for their visa. The guidance confirms that “Grants under the scheme are not counted as access to public funds”.
Confirmation has also been given regarding recently TUPE’d employees i.e. after 28.02.2020. they can be placed on furlough by the new employer.
Its clear that employees cannot work for you whilst furloughed – they also cannot work for any organisations that are linked to their employer.
For further information or assistance please contact a member of our Employment Law Team on 01384 811 811.