However,
the Employment Law Association (ELA) has highlighted ‘significant flaws’ in the
system, which could leave both employer and employee vulnerable, in a letter to
the Department of Business, Energy and Industrial Strategy (BEIS) this week.
According
to the letter, an ELA working party has identified ‘gaps in the scheme and
conflicting government guidance’, which could result in claims being issued in
the employment tribunal. Its questions concern redundancy, annual leave and
employee representatives.
The
questions include: whether acting as an employee representative constitutes
‘work’ for the purposes of furlough, and therefore breaks the furlough period
and makes them ineligible for government support?
The
working party also asks: can an employer commence collective consultation on
proposed redundancies while employees are on furlough leave? Does an employer
have to collectively consult when initiating furlough scheme and if so, when?
And, can an employer force an employee to take annual leave during furlough?
Paul
McFarlane, chair of ELA’s legislative & policy committee, said: ‘It’s
essential that the government responds to this paper and provides clarity on
the gaps in their guidance which currently places employers and employees in a
vulnerable position.
‘Whilst we navigate through these uncharted waters, support is needed and those most vulnerable must be protected, which is why clear guidance is so important. The working party has identified a number of areas where conflicting guidance is given and urge the government to be transparent so employers are protected from litigation down the line.’
