Essential works whilst Furloughed

roblarkin007

I run a company whereby we have had to furlough most of the staff, however we are providing essential works to the supply chain for various companies (unloading vessels at local port as licensed Stevedores) this is for a local toilet paper manufacturer & BAE systems.  this work is not consistant and as such how can I continue to provide this service legally if my employees are furloughed as the other elements of the business are not functioning to provide full wages.  If we do not complete the tasks there is a high risk that other companies would need to stop functioning and I believe a large toilet paper manufactutrer, local wind farm company, BAE systems will NOT be allowed to stop functioning.  I have 5 employees currently working full time but for specific jobs like unloading vessels this is not enough and the skill set required to complete and training make it impossible to source other labour to complete the task.  We have considered using our furloughed labour running through an external company and sub-contracting them back to work on these projects but as the furlough guidelines keep changing we believe this contradicts current guidance 'To be eligible for the grant, when on furlough, an employee cannot undertake work for, or on behalf, of the organisation or any linked or associated organisation. This includes providing services or generating revenue. Employers are free to consider allocating any critical business tasks to staff that are not furloughed.'  we obviuously dont want to hinder the key companies but cannot run with them not furloughed!  Any help greatly appreciated.

Hermann

It sounds like you have some staff furloughed who shouldn't be furloughed.

If there is work for them to do that can only be done by that member of staff then surely they don't qualify to be furloughed under the CJRS?

roblarkin007

but the business cannot afford to pay their contracted wages whilst not working on the essential works.  This is random buit typically 12Hrs work every 2 to 3 weeks.  their contracts are for 38Hrs per week.  with no other work coming in how can I not furlough them.  I would go bust within 1 week?

poppy12345

They must also not do any work for you while they are furloughed.

roblarkin007

to clarify there are different departments to my business, when fully operational they all work together whereby staff are trained and cover a number of disciplines thus we can attend the vessels when they come in then drop back to the other areas of the business.  Currently the other areas of the business are effectively shut down due to no work and no supply available to enable works.

roblarkin007

@poppy12345 - if they cannot work then we must not complete the vessel works thus the local toilet manufacturing company which employs around 150 persons currently would grind to a halt.  And the toilet paper being manufactured would stop!

Andy_L

roblarkin007 said:

 I believe a large toilet paper manufactutrer, local wind farm company, BAE systems will NOT be allowed to stop functioning.  

If so then the government will sort something out 

poppy12345

roblarkin007 said:

@poppy12345 - if they cannot work then we must not complete the vessel works thus the local toilet manufacturing company which employs around 150 persons currently would grind to a halt.  And the toilet paper being manufactured would stop!

I'm only telling you the guidelines. You can't furlough them and expect them to work at the same time because that's not what furlough is about.

kremlinbot

Probably not, but could you furlough your staff for 3 weeks, get them to do as much work as they could for one or two days, then re-furlough them for another 3 weeks

Hermann

roblarkin007 said:

but the business cannot afford to pay their contracted wages whilst not working on the essential works.  This is random buit typically 12Hrs work every 2 to 3 weeks.  their contracts are for 38Hrs per week.  with no other work coming in how can I not furlough them.  I would go bust within 1 week?

The scheme allows you to furlough for a min of 3 weeks then return to work for a day, a week, however long needed, then furlough again for another 3 week min.

Could the work be timed to fit in with that scenario?