Furlough ..... My employee does not want to come back because it isn't worth the difference.

alun4

I am a small retail business employing (now) only 1 employee (was two but the other employee retired last year at aged 69 after working for me for 20 years) who has worked for me for 24 years. It was a casual start to employment and there was never a contract of employment. Over the years and with a great relationship and very easy going mutual give and take, the business had to close in March and my employee was Furloughed (I should add here that I am 67 and have had the business for sale for 9 months but that has not produced a suitable buyer and in the background my employee had hoped I would simply close, develop the site into 4 flats and offer redundancy. I would like the business to continue or at least have a commercial tenant on my premises as I don't really want the "work" of being a landlord with 1 bed flats! My employee would have continuing employment rights with a new owner. I have also tried for a number of years to get her to consider taking on the business but she has always said she does not want the stresses of self employment)  Anyway, back to the problem. Last week I brought her back from Furlough for two days - Tuesday and Friday. She was back again today and at the end of the day I said "OK for Friday?"

"NO. I.m not coming back this week .... it cost most of the difference between work and Furlough in petrol and my husband's car has a head gasket problem."

I was truly stunned.   And that's where she left to go home.  (Should add she is 58, paid weekly on £17300 per year for 5 days !0.00am - 5.00pm)

WHAT HAPPENS NEXT ???  WHAT SHOULD I DO?  I use HMRC Basic tools so don't think I've made a mistake in the weekly wage calculation though I have continued to pay pension contribution at the same amount as I did when 100%. so each day was only an increase of about £10.

MovingForwards

https://forums.moneysavingexpert.com/discussion/6163946/can-i-change-days-of-work-for-employee#latest

Re-read your other thread, it's still a similar position you are in. If she doesn't want to work, then you follow disciplinary procedures. 

alun4

Disciplinary procedures ..... that is quite "foreign" when it is two people in a showroom and I have attended her children's weddings!   I know it now proves the benefits of employment contracts and formality but that is not the way it was.  

Sparklestar1127

A shame she doesn’t value your need for her now in the same that way you seem to have valued her. 

This is so hard, small business especially. But a lot of people are in the same boat and quite simply have been better off being furloughed with reduced expenditure. 

The simple fact is, she is required back at work, so you unfurlough her. 

She won’t be better off then. 

unholyangel

Sorry but your employee seems to be taking the mickey. 

The problem you have is that the wording of CJRS has changed slightly. It is the employee's activities that need to be affected by covid to have a valid claim. The employee preferring to sit at home on their !!!!!! getting paid 80% rather than incur the cost of coming to work doesn't meet that purpose. Nor does the head gasket. 

Tongue in cheek (not to be taken seriously) but send her a written communication stating its your formal acceptance of the resignation she tendered in person x date before she left work for the day, and also that since she doesn't want to attend, you will agree to let her employment end immediately - foregoing any notice period or pay. Adding that you'll be sorry to lose her and will give a favourable reference, should she require one. 

In any event, I'm sure she'll realise £x travel costs off 100% wage is much better than £0 travelling cost off £0 wage. Even if she was better off on 80% furlough - there is no "entitlement" to be furloughed. It's not something the employee can choose to do. 

alun4

I know that unlike situations where it is essential to monitor (for example) holiday entitlement the (lack of) rule has always been ... let me know when you are taking holidays so I can ask my wife  or child  to help me if I need to. There has never been a calendar kept but of course what is in each other's plans has been routinely discussed well in advance or chatted about and conflicts avoided. This is/has been the situation. I guess what I am saying is a lot of give and take on both sides.
Many days would have no-one through the showroom door and then someone coming to the showroom at 4.50. She would not think twice about dealing with the customer which might take an hour without even thinking about "overtime". on the other side, If she needed to go to a Funeral, family event or the like it would not be considered remotely as time off.  I would get a phone call .... X has died .... I need to go ....  you'll need to cover the showroom for  two hours ... it's unlikely I'll want to go to the wake!  She is a talented artist and to avoid the boredom of no customers  will take "commissions" for commercial artistic work on "my time"   So yes ... a very unusual familiarity but that is the way it has worked up to COVID.  The refusal has come as a shock and I'm struggling to deal with it.

Behind it, I realise that I would like us to part on good terms but that my pension pot will be reduced by been forced into a redundancy situation. Of course this was something never thought about all those years ago. Including Ladies taking their state pension at 60 so I would have kept going for anther couple of years!

Clear employment contracts are what should have been in place but they weren't .... and for 24 years haven't been an issue but now I realise they should have been. A lesson to others as although this is likely to postpone my retirement I have little or no control over the situation ..... unless you can think different? !!

UNHOLYANGEL ... your "tongue in the cheek" comment is a bit like I feel at the moment but wonder where it would lead!

JamoLew

Tell her that you are no longer willing to subsidise her sitting around doing nothing as it's not worth the difference - that might wake her up a bit
Sadly, I think this is going to be a huge problem in the coming months for a lot of employers - would be useful for them to have some guidance

Grumpy_chap

You need to put the business first.  That means you must write to the employee to unfurlough them. 

If they fail to turn up, you must write straight away to clarify whether they are on annual leave or unpaid leave.

That will then move to an outcome.  Either the employee returns or you follow the disciplinary route to dismissal.

At least you can then replace with someone who wants to work.

Do not fall into the trap of redundancy as the easy way out.  That will just cost you money unnecessary.

onwards&upwards

There is absolutely no need for this to end up in redundancy. 

Refusing to turn up for work is misconduct, probably gross misconduct.  You can dismiss her.  

The job is not redundant, that's why you want her in to do it! 

Although I have to say it sounds like she's been taking advantage of your good nature for a long time.  

Biscuit49

Sadly while I don't think its 'typical' of furloughed employees, its certainly not uncommon for some to have got comfortable at home on 80% salary.

One employee at my wifes company has had her salary topped up to 100% and was asked to work a few days last week, although she did come in there was lots of huffing and puffing and wanting to know why she had to be a different employee hadnt.

Also doesnt think its fair holidays have been enforced, i think a big mistake was made in topping up.

Regarding the OP, the employee has not choice, if you say come in friday they come in, or alternatively advise thats fine but will put it down as a days holiday. You might feel its hard to day to lay down the law but she is taking advantage of you 100%, as soon as shes crossed that line in my opinion all loyalty goes out the window.

onwards&upwards

A day unpaid I'd say, not holiday.