If there are more than 20 employees and the employer has to consider layoffs, if the workers do not accept the new changes to the contract when they return from vacation, for example. B a reduction to 80% or less of salary, a collective consultation process must be conducted. The holidays last at least 7 days. Employees can turn the program on and off as long as it lasts. This allows employers to benefit from flexibility that allows them to recover workers from their leave and, if necessary, to put them back on flexible leave. If you plan to reduce the salary and all salary-related benefits (e.g.B. pension) to the level of 80%, this is, under labour law, an illegal deduction from the salary of the 20% of the salary and benefits and could be constructive (unjustified dismissal). That is why it is important to preserve the labour agreement. Workers on leave have the same rights as before. Returning workers retain their usual rights to statutory sickness benefits, maternity leave, other parental rights and rights against unjustified dismissal and discrimination.
Please contact us if you need a furlough leave brief. Yes, employers can put workers on leave more than once and a period can follow right after an existing notice. The program is open until the end of the second national lockdown. As a reminder, if the employer wishes to change the salary to 100% and the benefits for the days / hours that a worker works, this must be done after consultation with the employee, hence the importance of obtaining proof of the agreement. The coronavirus Job Retention scheme (”furlough” or ”CJRS”), adopted on 31 March It has been extended until 31 March 2021 to help businesses recover and get back on their feet – and give them the security they will need in the coming months. We call this ”Extended CJRS”. JRS”. If the employee returns to their preconditions, there is no need to enter into an agreement. However, if you plan to ask a dismissed employee to return to part-time work, the letter should specify the provisions of part-time work and any changes to their working time and/or salary and benefits. The government advises employers to obtain the worker`s agreement on new changes to their leave plans and to record communications for 5 years. We agree, otherwise there is a risk of claims and claims for employment and waste of time and management for the defense of claims of an employment court.
An agreement must be sought if the salary, social benefits, working time or place of work change. The rules on flexibility are complex, but in general, employers will claim a proportionate amount of 80% of salary (up to a ceiling of £2,500 per month), based on the proportion of hours that are not worked outside normal working hours. In order to assert a flexible claim, the employer is required to calculate a ”usual number of hours” so that it can be compared to the hours actually worked. . . .