The European Tribune is a forum for thoughtful dialogue of European and international issues. You are invited to post comments and your own articles.
Please REGISTER to post.
Dissonance appears in a UK.gov preface to instructions for claimants, dependent on employer application for grants.
What is a 'furloughed worker'? 'Furloughed worker' is not a recognised term in UK employment law, although it is commonly used [!] in the USA. Government guidance says someone is furloughed if they remain employed but are not undertaking work (in the UK [!] the legal term would be 'laid off'). Importantly, this suggests that the scheme does not cover employees who have agreed to work reduced hours. Employees generally have the right to be paid their full wages if they are willing and able to work, even if their employer cannot provide them with any. Some employers will have a contractual right to lay off workers without pay but this is rare in practice. As a result, most employers will need the consent of their employees if they are to put them on furlough with reduced pay. To do so unilaterally could be a breach of contract and an unlawful deduction from wages. However, as the alternative will likely be redundancy, obtaining the employee's agreement may not be difficult. There is some uncertainty as to how this will apply to those on zero-hours contracts, as an employer may seek to simply reduce their hours....
'Furloughed worker' is not a recognised term in UK employment law, although it is commonly used [!] in the USA. Government guidance says someone is furloughed if they remain employed but are not undertaking work (in the UK [!] the legal term would be 'laid off'). Importantly, this suggests that the scheme does not cover employees who have agreed to work reduced hours.
Employees generally have the right to be paid their full wages if they are willing and able to work, even if their employer cannot provide them with any. Some employers will have a contractual right to lay off workers without pay but this is rare in practice.
As a result, most employers will need the consent of their employees if they are to put them on furlough with reduced pay. To do so unilaterally could be a breach of contract and an unlawful deduction from wages. However, as the alternative will likely be redundancy, obtaining the employee's agreement may not be difficult.
There is some uncertainty as to how this will apply to those on zero-hours contracts, as an employer may seek to simply reduce their hours....
by Frank Schnittger - Jan 14 12 comments
by IdiotSavant - Jan 15 15 comments
by Oui - Jan 16 4 comments
by Oui - Jan 13 65 comments
by Oui - Jan 17 1 comment
by gmoke - Jan 16
by Frank Schnittger - Jan 8 77 comments
by Oui - Jan 14 26 comments
by Oui - Jan 171 comment
by Oui - Jan 164 comments
by IdiotSavant - Jan 1515 comments
by Oui - Jan 1426 comments
by Frank Schnittger - Jan 1412 comments
by Oui - Jan 1365 comments
by Oui - Jan 1177 comments
by Oui - Jan 1047 comments
by Frank Schnittger - Jan 877 comments
by Oui - Jan 772 comments
by Frank Schnittger - Jan 710 comments
by Frank Schnittger - Jan 668 comments
by Frank Schnittger - Jan 611 comments
by Oui - Jan 659 comments
by Frank Schnittger - Jan 229 comments
by Frank Schnittger - Dec 3151 comments
by Oui - Dec 3122 comments
by Oui - Dec 2834 comments
by gmoke - Dec 28