HMRC- THREE QUESTIONS ABOUT FURLOUGH

The HMRC was asked three questions about furlough:

1.  Can the position with regard to written agreement and furlough be clarified?

2. Can the grant still be claimed for the period when an employee is on notice of termination?

3. Can employers give notice to their employees to take holiday? 

The answers are in the email below. Point 1 is clarified but the response to 2. and 3. is more vague:

"You also asked about giving notice of termination, and whether employers can require employees to take leave. The Job Retention Scheme provides for a grant to be made to cover certain employment costs incurred by employers in respect of furloughed employees. It does not alter employment or contract law and employers must continue to consider contractual commitments with their employees in the usual way."

As to point 3, if employment law is to apply in the normal way that presumably means that an employer can give notice to take holiday? As to point 2, the email does not appear to give us the answer to this issue.

 

Michael

 

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