REFUSE TO RETURN FROM FURLOUGH?

karenb1968

I run a cafe and have been back myself for a couple of weeks after ensuring I have followed all social distancing etc guidelines.  I have an employee who's been furloughed since March and I have asked him to go onto flexible furlough on 1 July so he can come back for 4 hours per day to help me out (thankfully I'm too busy to handle things myself now).  He can walk to work, so no need for public transport and has no one vunerable at home.  His response has been "no it's ok, I'll stay on furlough till end of October thanks".
Can he actually do that?  I know I can't make him redundant and effectively replace him with someone else but it seems so unfair as I'm trying to do all I can to keep my business open!!  
  

[Deleted User]

You do not need to make him redundant, start disciplinary procedures against him for refusing to work, the conclusion of which will be to fire him for breach of contract. You can employ someone else to fill the role of someone you have fired.

https://smallbusiness.co.uk/what-to-do-if-employees-fail-to-show-up-to-work-2508841/

bradders1983

No. Invoke your company disciplinary procedure. 

[Deleted User]

 Cheeky git, they get paid to work not sit at home. Definitely disciplinary and fire them 

suki1964

Tell him to get his bum back into work or invoke disciplinary procedures or sack him and advertise the hours if he's been there less then 2 years

Some people just don't realise they are born

diggingdude

tell him you will see him first july. no ifs no buts or disciplinary action will be taken.  How busy are you?  could you cover his wages by ending furlough tomorrow and expecting him back permanently?

gary83

There’s a lot of people that’ll be a lot more grateful for the chance to work at the moment, you wouldn’t struggle to get a replacement if needed. He can’t be that naive to think it’s his choice and he can just say no and he’ll stay on furlough until October, how many hours is he contracted to work a week?

jimkelly

Remember from 1st Aug, you will have to start contributing to his furlough.

JamoLew

As putting staff on furlough is the employers choice (yours) - tell him that he will not longer be on furlough from July 1st and he will be on unpaid leave if he doesn't wish to come into work

bradders1983

JamoLew said:

As putting staff on furlough is the employers choice (yours) - tell him that he will not longer be on furlough from July 1st and he will be on unpaid leave if he doesn't wish to come into work

Ageee with all of this but why wait until the 1st July? Tell him you expect him back Monday. Give him the weekend the mull it over.

Going forward though he doesnt sound particularly nice so it probably wouldnt be a disaster if he ever came back. As already said there will be plenty of people wanting work.

Sibbers123

If he has been working for you for less than two years, you can get rid of him without any redundancy costs.

whatever you do, I fear your relationship will be destroyed. I would give them an opportunity to come in on 1st July, if they don’t send them their P45. 

There are now 600,000 more people looking for work, you will be able to hire someone fairly easily I’d imagine.