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

silvercar

Clearly you want to continue this working relationship as before. I would suggest that you tell her that you've spoken to our accountant/ hmrc and basically the rules are that you can only claim furlough from the government and hence can only pay her if there is no work needed. Given that the showroom is now open you do need her to come to work. You accept that it may not be cost effective for her, but the choice is now between working and being paid and not working and not being paid. She is furloughed M/W/Th and expected to work Tu/F either she does that or she doesn't get paid.

jimkelly

It sounds like you have lost control of this situation - take back control.

It's up to you whether she is furloughed or not.

A simple letter to say she is required back at work, mention the discussion the other day and that if she doesn't turn up, it will be unpaid holiday.

Galloglass

The employee's options are not to come back and
1. Make themselves intentionally unemployed
2. State the will take unpaid leave (with agreement)
3. Ask for SSP with evidence
4. Ask to remain on furlough (with agreement) but the work being covered by a temp

Since in many cases this will come down to he said/she said were it to go to an Employment Tribunal, your decision should not be based on the opinions here but on the evidence you have of the intent of the employee and the processes you have in place to resolve differences. Many employers fall at the ET hurdle due to sloppy processes. 

Have a word with ACAS as they are the mediators if this goes to an ET.

GHolmesAdmin

There is always a contract of employment  -  even if you have not issued one, (which is illegal BTW.)

alun4

In the past, I have often joked with customers   ..... "I just come in here and do what I am told  - same as being at home! "
silvercar said:

Clearly you want to continue this working relationship as before. 

Yes, after all these years I don't want "a bad taste" end.

GHolmesAdmin said:

There is always a contract of employment  -  even if you have not issued one, (which is illegal BTW.)

I should have said written contract (it was very common quarter of a century ago to discuss a job verbally in a one man business).  Not sure when or if that became "illegal" but certainly I would advise any employer to have a written contract.  (As an aside .... not sure how that would work if your only employee was your wife!)

MovingForwards

I would actually do her 'time off' as paid holiday, then it stops when she has used the pro rata for that time period. She then has to 'earn' the holiday for whatever is left for the remainder of the year, exactly how it used to be years ago. It won't take long for her to use it up then have no money coming in.

Due to the new furlough rules, stop topping her salary up. Leave her at 80% for the days she would work, but has chosen not to.

Her role is not redundant, the position is available, therefore no need to even think about redundancy as she is putting herself out of a job.

Again, I say go down the disciplinary route if she does not comply. There will be plenty of other people looking for PT work and happy to have an understanding / flexible boss.

There is an employment contract, it just happens to be implied and under statutory terms.

You have been very accommodating to your employee over the years, shame she appears to have forgotten this.

silvercar

Just maybe she thinks that your relationship means she can actually choose to stay on furlough. After all you've had a very relaxed employer work relationship to now, so she may think it is an option to return on Fridays not a requirement. 
She needs to be told that you can't claim furlough for fridays so she does need to come in if she wants to be paid, or she needs to use a holiday day.

epm-84

Biscuit49 said:

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 problem with part time furlough is commuting costs for those using public transport.  You may pay £60 per week normally for a season ticket but then it may be £15 for a peak time return, meaning 2 days part time furlough costs you half your usual weekly commute cost and if it's a relatively low paid role you might be worse off financially by going in to work.  Transport operators are talking about part time season tickets but in a lot of cases they are talking about it or doing a trial in one area, so for many people they'll get introduced too late.

prowla

It sounds like Unauthorised Absence to me.

gingerdad

As above you need to take disciplinary action, then stop the furlough and only bring her back two days a week and take the loss.