FurlougH - variation to employment contract

rainbowbrite66

Hi,
Last week I agreed to be furloughed by my employer of 16 years, and sent an email agreeing to it at their request. Today I’ve received a ‘variation to my employment contract’ apparently ‘designed to implement and take advantage of the government’s Coronavirus Job Retention Scheme’.

Some of the clauses in this ‘contract’ are very worrying. Can they force me to sign this document and if I didn't sign would I not be entitled to my 80% salary? 

Thanks for reading 

Jeremy535897

They cannot force you to sign anything, but if you don't sign they could make you redundant (although given your length of service that would be expensive for them).
Guidance to employees says:
"If your employer asks you to go on furlough and you refuse you may be at risk of redundancy or termination of employment, depending on the circumstances of your employer. However, this must be in line with normal redundancy rules and protections."

MrsPepperpot

rainbowbrite66 said:

Some of the clauses in this ‘contract’ are very worrying. Can they force me to sign this document and if I didn't sign would I not be entitled to my 80% salary? 

I am wondering what the 'clauses' are that are causing you concern. Also I agree with Jeremy535897 it would be expensive for them to make you redundant. However if they have no cashflow then this could make things very difficult. It seems to me that you need to have a conversation with your Employer about the clauses that are worrying you. I am about to put our one employee 'on Furlough' and as far as I am concerned it is simply a matter that they will be paid 80% of their monthly salary up to the limit of £2500. This must be for a minimum of 3 weeks and could last up to 3 months, and will commence and be reviewed by a certain date. Also that once they are on furlough they will not be able to work for company, but that they can undertake training or volunteer subject to public health guidance, as long as they are not:

• making money for their employer
• providing services to their employer

My understanding is that all other Terms of Employment stand. If they are making fundamental changes to your contract they would need to have a discussion with you about these and notice would have to be given, in your case 12 weeks. A second thought comes to mind, was it a verbal request to you or did they send an email to you? I'm just wondering how the information was presented to you. This is such a difficult and uncertain time, take time to think. Kind Regards x

rainbowbrite66

Thanks for replying. The clause I’m worried about is as below.

4. When your Furlough Leave ends, while we will always endeavour to provide you with work, in the event of insufficient work being available you agree we are entitled to place you on short time or lay you off without any pay except for statutory guarantee payments.

Would this be me wavering my redundancy rights away?  

MrsPepperpot

In answer to your question, no I do not believe that you are wavering your redundancy rights away. I think it is more a case of your employer following the terms of employment should the Coronavirus Job Retention Scheme cease and the employer still has no work for you to do.
Have a look at this link: https://www.gov.uk/lay-offs-short-timeworking/guarantee-pay
I think that this will help.