REFUSE TO RETURN FROM FURLOUGH?

bradders1983

In any case i would take him off furlough immediately.  He doesnt sound like the kind of person who deserves you doing him a favour.

Grumpy_chap

Hello Karen, welcome to the forum.  It's great that you've been able to re-open your cafe (take away only I presume) and getting busy so you can bring your staff back in as well

The basic rules of furlough are that an employer can choose to place their employees on furlough when there is no work for them to do.  While an employee is on furlough, the employee cannot work for the company.  The employer is not obligated to use the furlough scheme if they do not wish to.  Employees are not entitled to furlough, they can only be eligible subject to the employers decision.  An employee who is on furlough should remain available for work during normal working hours.

For the member of staff who wishes not to return, there could be some valid reasons why you might take a considerate line even at the risk of expense to the business, but "no thanks, I don't feel like it" is not a valid reason.  You can simply state that, from 1st July, the full time furlough is ceasing and the employee is required to attend work for the 4 hours that are required (paid at 100%) but you will still use the furlough for the balance of normal working hours.

If the employee refuses to attend work (but only really when it actually happens as anything before then could be just bluster), then the disciplinary process needs to be followed.  You might tell the employee in advance that you would consider it a disciplinary matter if the employee refuses to attend work when required during normal hours.  [There is a risk that he will turn up but then "mis-behave" so you'd still end up with a disciplinary.]  Also tell him it will be unpaid leave if fails to turn up, but you will honour whatever furlough hours you were agreeable to.  That you, you are being fair, but not committing fraud if you continued the furlough claim just because the employee was too lazy to work.

Is this a good employee, or someone who is normally problematic?  Do you have any insight to real reason they are reluctant to return?  Are they just finding it too good at home on 80% and enjoying the summer?  OR, do you suspect something more meaningful, such as they've really got another job and trying to get double-bubble for as long as possible?  OR, is there a commitment such as childcare or concerns about safety if they return?  Frankly, based on their stated response, I'd be inclined to ignore any concerns about childcare or such like as any flexibility in that regard is lost with the "happy to carry on skiving" response.

It's a real shame, because my wife would love a job working in a cafe - wonder if you are in walking distance?

mattyprice4004

Yep, time to bin the ungrateful git off. 

Mrsn

Erm no.....

Seriously who turns around and says that to their employer?? That’s not how it works and if you do feel like being charitable I’d remind them it’s your choice when to end furlough and if they are refusing you will be using your disciplinary procedures to deal with the situation.

If you don’t feel like being charitable say unfortunately the role is now longer available...

sharpe106

I would not even give them the option send them a letter setting out the new part time furlough, so the hours you want them to work and state what you will be paying them for. I.e hours worked, part time furlough claimed and leave it at that.

 If they decline your offer and do not attended work then go down the route you normally would take of an employee not attending work.

 There is no legal protection for an employee to refuse to return to work and to remain on furlough until October. If they are that worried they can take unpaid leave.

Thrugelmir

Furlough will no doubt become the next "my rights" issue. 
Time for a frank discussion with your employee. 

unholyangel

OP I get the sense you're not really big on confrontation and your employee knows it. My swift response to that message would have been "Sorry, you must have misunderstood me. Remaining on furlough full time is not an option. You can either return to work part time and furlough part time or go on unpaid leave".  I'm with others on this - sounds like he has no valid reason. His reply was disrespectful imo.  

I agree with sending him a letter stating he will be required to attend work from 1st July. There's a few ways you can play it. You could say he's required to resume work from 1st July at x time and if he does not return, he will be placed on unpaid leave. Or you could say he's required to resume etc and remind him that non-attendance is a disciplinary matter. 

You would also set out the reason for your decision - particularly if the business is struggling financially. Such as explaining that despite furlough, keeping him on has a cost to the business and the business simply cannot afford the costs of paying alternative staff and furloughing him. 

diggingdude

unholyangel said:

OP I get the sense you're not really big on confrontation and your employee knows it. My swift response to that message would have been "Sorry, you must have misunderstood me. Remaining on furlough full time is not an option. You can either return to work part time and furlough part time or go on unpaid leave".  I'm with others on this - sounds like he has no valid reason. His reply was disrespectful imo.  

I agree with sending him a letter stating he will be required to attend work from 1st July. There's a few ways you can play it. You could say he's required to resume work from 1st July at x time and if he does not return, he will be placed on unpaid leave. Or you could say he's required to resume etc and remind him that non-attendance is a disciplinary matter. 

You would also set out the reason for your decision - particularly if the business is struggling financially. Such as explaining that despite furlough, keeping him on has a cost to the business and the business simply cannot afford the costs of paying alternative staff and furloughing him. 

I'm not convinced you need to do the last bit.  You don't need to explain to an employee why they need to come to work, none of their business if they company is struggling or not, they need to come to work because their contract of employment expects it

kingfisherblue

Why are people suggesting unpaid leave? The employer has already stated that they need the employee to work, so if the employee refuses, unpaid leave does not have to be offered as an alternative. Instead, the disciplinary procedure should be started. The OP does not want an employee on unpaid leave - he/she wants her employee to work. It has been stated that business is picking up, hence the need for the employee to attend work. Unpaid leave is not necessarily an option, and should not be offered in my opinion.

sharpe106

Nothing should be offered, just told what is expected of him and if he does not take it from there. Unless they are the greatest employee at work I would be looking for somebody else anyway as if that is the attitude how can you trust the person to work when you are not around.