My firm has furloughed most employees but still needs some to come in and work – is it possible for them to rotate furloughed staff?
- Many staff from companies around the UK have been put on furlough
- This means they are potentially getting 80% of their salary but not working
- We reveal whether firms are able to rotate their furlough employees
I have recently been furloughed along with many of my colleagues at work.
However, there is the potential of some of us being allowed back to work soon as they still need some staff, and if only some of us go in, we can maintain social distancing.
I wanted to know if it would be possible for companies to rotate the staff they have on furlough so we can all have a chance of earning our full salary – at least for a while?
Firms can rotate staff on furlough, provided each period of rotation is no less than three weeks
Grace Gausden, This is Money, replies: A huge slice of the UK workforce have been furloughed in the past few weeks as companies up and down the country were forced to shut down due to the coronavirus outbreak.
Being furloughed means if you’re being sent home by your employer, usually because they are shutting or need to cut costs, but will still receive 80 per cent of your salary by the Government, up to a maximum of £2,500 a month.
For some, being furloughed is simply boring, as they no longer have any work to do, but for other people 80 per cent of their salary – up to £2,500 – is still not enough to cover all their bills and they are hoping to return to full pay as soon as possible.
It makes sense that companies who need some, but not all staff, could rotate their employees so that some are in work for a while, before being furloughed again, with other employees taking their place.
This would ensure that staff are given equal opportunities to earn their full pay at alternating times.
As it turns out, this is something that firms are legitimately able to do – however, there have been rules and restrictions put in place.
British Airways is one such company which has been forced to furlough many of its staff
Ruby Dinsmore, a Slater and Gordon employment lawyer, replies: Companies can rotate staff on furlough, provided each period of rotation is no less than three weeks.
The Government has provided further guidance, including allowing staff to go on and off furlough as many times as required under the scheme which began on 1 March 2020 and is due to expire on 31 May 2020 unless extended.
Those making the decisions around which staff to furlough must do this based on business reasons and not potentially discriminatory reasons, such as those with childcare or dependants who need care.
Any staff selected for furlough need to agree to do so, as this involves a change to the terms and conditions of their employment.
In practice it is unlikely they will disagree.
Businesses should also keep a record of the agreement for five years for audit purposes.
Businesses which plan to furlough more than 20 staff, even if they do not end up doing so, need to follow a specific consultation process.
This doesn’t need to be complex, but needs to set out the plans and reasons for these plans, along with the impact on staff and potential outcomes.
Furlough agreements with staff should state that they may be recalled back on to full time work and agree the notice periods for the recall. These should be ‘reasonable’ timeframes.
Grace Gausden, This is Money, adds: There are understandably many questions surrounding furlough, with many people not having heard of the practice until the coronavirus outbreak.
To help you understand what it is and how it could affect you, This is Money has answered the most common questions surrounding furloughing here.