Forlough - Notice to return to work

tdawgsdad

Hi,
I'm currently on Furlough, and have been since 1st April. I have been advised this week that my Forlough will come to and end today and I should return to work tomorrow.

Has an 'official' notice to return to work timeframe been announced at all. Or is my company able to recall me at any point after the minimum 3 weeks is completed?

Thank you 

poppy12345

They can ask you to return to work anytime after those 3 weeks.

gary83

they can recall you at any time if they have work for you to do. You’ve completed over the minimum 3 weeks, there’s nothing stopping the company furloughing you again if you run out of work.

tdawgsdad

Thanks,
I thought that would likely be the case. It's not really an issue... Just want to mentally prepare myself, it's been a nice 3 weeks off!

Andy_L

Depends on what was Iin your furlough agreement and how much you're prepared to annoy them by refusing

gary83

Andy_L said:

Depends on what was Iin your furlough agreement and how much you're prepared to annoy them by refusing

I think most of us were assuming his furlough agreement doesn’t say “we agree to furlough you and will continue to pay 80% of your salary and you will continue to accrue holidays until which time you decide you’ll come back to work” the employer still has a duty of care and has to carry out risk assessments, provide PPE, attempt social distancing etc. Wherever applicable, but you can’t just decide to remain on furlough.

sliphi

tdawgsdad said:

Hi,
I'm currently on Furlough, and have been since 1st April. I have been advised this week that my Forlough will come to and end today and I should return to work tomorrow.

Has an 'official' notice to return to work timeframe been announced at all. Or is my company able to recall me at any point after the minimum 3 weeks is completed?

Thank you 

Notice as to when your furlough should end would have been provided to you in your notice of being furloughed. The employer could extend such notice if desired, but for minimum of at least 3 weeks more. (on each occassion it is extended)

gary83

sliphi said:

tdawgsdad said:

Hi,
I'm currently on Furlough, and have been since 1st April. I have been advised this week that my Forlough will come to and end today and I should return to work tomorrow.

Has an 'official' notice to return to work timeframe been announced at all. Or is my company able to recall me at any point after the minimum 3 weeks is completed?

Thank you 

Notice as to when your furlough should end would have been provided to you in your notice of being furloughed. The employer could extend such notice if desired, but for minimum of at least 3 weeks more. (on each occassion it is extended)

Where does it say you have to be furloughed in blocks of 3 weeks? Ie. 3 weeks then extended to 6, rather than return to work after 4 or 5 weeks? I understood it to be a minimum of 3 weeks and a maximum of initially 3 months, your employer could choose to furlough you for any period within that?

insisting on paying out in 3 week blocks would make the scheme too inflexible, when it came time to return everyone to work and would cost the taxpayer more as people would be kept at home longer than necessary just to make sure they made another 3 week block.

unholyangel

poppy12345 said:

They can ask you to return to work anytime after those 3 weeks.

Just to clarify, the employer can ask you to return to work at any time - even within the 3 week period. 

But if the furlough doesn't last a minimum of 3 weeks, your employer would not be eligible for help with the cost of wages under the CJRS. 

Hermann

gary83 said:

sliphi said:

tdawgsdad said:

Hi,
I'm currently on Furlough, and have been since 1st April. I have been advised this week that my Forlough will come to and end today and I should return to work tomorrow.

Has an 'official' notice to return to work timeframe been announced at all. Or is my company able to recall me at any point after the minimum 3 weeks is completed?

Thank you 

Notice as to when your furlough should end would have been provided to you in your notice of being furloughed. The employer could extend such notice if desired, but for minimum of at least 3 weeks more. (on each occassion it is extended)

Where does it say you have to be furloughed in blocks of 3 weeks? Ie. 3 weeks then extended to 6, rather than return to work after 4 or 5 weeks? I understood it to be a minimum of 3 weeks and a maximum of initially 3 months, your employer could choose to furlough you for any period within that?

insisting on paying out in 3 week blocks would make the scheme too inflexible, when it came time to return everyone to work and would cost the taxpayer more as people would be kept at home longer than necessary just to make sure they made another 3 week block.

Indeed the 3 weeks is just a minimum period, furlough could be any length between 3 weeks and the maximum of the scheme. It's only if there is a return to work that another furlough period would be subject to the 3 weeks min again. Furlough doesn't have to be applied in 3 week blocks.

Furlough could be cancelled at any point but if under 3 weeks the employer would not be able to claim any refund under the CJRS.

sliphi

unholyangel said:

poppy12345 said:

They can ask you to return to work anytime after those 3 weeks.

Just to clarify, the employer can ask you to return to work at any time - even within the 3 week period.

Hermann said:

......
Furlough could be cancelled at any point but ...

 
Just to clarify, if you have mutually agreed to be furloughed for 3 weeks (or whatever other period was agreed) the employer can ask, but cannot expect, the furloughed worker to return to work sooner.

(An employer would also need to take extreme care they are not in breach of a declaration they have provided to HMRC if they are recalling a furloughed worker earlier)

Whilst obviously not the case of the OP  (a brand new MSE forum user), perhaps a furloughed worker has taken a temporary full time job elsewhere, having been formally notified they would be furloughed until xx-xxx-2020.
Happy to be proven otherwise by reference to a reliable source, but both your understandings are not my interpretions of the guidelines as an employer, not least for the example I have provided here.