COVID-19 - Employment Rights Q&A - Paul Doran Law | Furlough Scheme

Belfast Office
12 Carnmoney Road
Glengormley
County Antrim BT36 6HN

Leeds Office
West One
114 Wellington Street
Leeds
West Yorkshire
LS1 1BA

London Office
124 City Road
London EC1V 2NX

Newcastle Office
Gear House
Saltmeadows Road
Gateshead
Tyne and Wear NE8 3AH

Telephone: 0808 1687 288
Email: enquiries@pauldoranlaw.com

COVID-19 – Employment Rights Q&A

Below is a selection of recent questions we have received from people regarding their employment rights during the ongoing Coronavirus crisis. The questions relate mainly to the furlough scheme although there are other specific issues. Furlough

Please note that the answers are not to be taken as formal advice and specific legal advice on your situation should always be sought:

  1. Am I entitled to furlough pay?

In short, any employee who was paid under a PAYE scheme on or before 28 February 2020 is eligible provided the employer qualifies for the scheme.

The guidance for employers says that employers can access the furlough scheme if:

“…you cannot maintain your current workforce because your operations have been severely affected by coronavirus (COVID-19), you can furlough employees…”

This suggests that the scheme is only available to employers who would be required to make staff redundant but for the scheme.

More detailed information on the furlough scheme is here.

  1. Am I entitled to request annual leave when on furlough leave? 

This is a controversial area. Unhelpfully, the government has not provided an answer to the question. It is a topic which has caused much discussion amongst employment lawyers in recent days.

ACAS appear to suggest that employees cannot be on annual leave when on furlough leave. Other employment lawyers such as Daniel Barnett believe that you are entitled to take holidays when on furlough leave.

On balance, it appears that the scheme probably applies to annual leave although this is not certain.

The question could be very important because if you are entitled to change from furlough pay to holiday pay, your employer may be required to pay 100% of your normal pay which could be much higher than your furlough pay.

We suggest therefore that if you are on furlough leave, you make a formal request for annual leave if you wish to take it. If the request is refused, you may be entitled to bring a claim particularly if your employer informs you that you are on annual leave yet pays you only 80% of your pay.

We suspect this is one area that could see a lot of litigation in the coming months and years.

  1. Can my employer make me take holidays when on furlough leave? 

As noted above, it is not entirely clear whether employees are entitled to take annual leave at all when on the furlough scheme.

If we assume that they are, the answer to this question is almost certainly “yes”. The Working Time Regulations allow an employer to insist that an employee take annual leave on certain dates provided they give twice the notice that they wish the holiday to last for. This means that if your employer wants you to take 1 week of annual leave, they must provide you with 2 weeks notice.   

  1. My employer has cancelled my holiday and placed me on furlough leave. Are they entitled to do this? 

An employer is entitled to cancel your booked holiday provided they give you notice amounting to the same amount of days that you have booked off. This means if you have one weeks holiday booked, your employer can cancel that with one weeks notice.

The difficulty you face in this situation is that it is unlikely that you will be entitled to any compensation even if the employer acts in breach of the law. Your only real way of seeking remedy would be to resign and bring a claim of constructive dismissal arguing that the employer breached the implied duty of trust and confidence in your contract. See more here. However, given the circumstances, such a step would be very risky as you would be left immediately without income and it is far from certain whether an Employment Tribunal would find in your favour.

The issues discussed above on whether you are entitled to be on annual leave during furlough leave are also relevant.

  1. My employer has told me that I am no longer employed as they have closed due to the coronavirus. 

If your employer has ceased trading altogether as a result of COVID-19, you may be entitled to a redundancy payment. This will apply if you have been employed for two years or more. If the employer is insolvent, i.e. it has no money to pay its bills, you are entitled to claim your entitlement directly from the state. Please contact us by one of the methods to the right of this page as we can assist you with this.

If the employer has closed temporarily and intends to resume trading after the crisis, you may be entitled to bring a claim for unfair dismissal. You will need to have been employed for two years or more (one year in Northern Ireland). If you have been employed for less than this, you are unlikely to be able to bring a claim unless you believe discrimination arises. See more on discrimination here.  

  1. Can my company ask me to return to work 2 weeks after starting furlough leave? 

The guidance provides that furlough leave must last for a minimum of three weeks. However, no detail is provided on what the sanction, if any, should be on any employer who seeks to cut this period short.

The only likely means of seeking a remedy for you would be to resign and take a claim of constructive dismissal. You would need to show that the employer has breached the implied duty of trust and confidence in your contract. We are doubtful that such a claim would succeed. You would  also be left immediately without income therefore such a step is very risky.

There is nothing in the guidance that would prevent an employer asking an employee to return to work after three weeks of furlough leave.

Employers do have a duty of care towards their employees and all contracts include a clause, whether written down or not, that employers are required to take care of the health and safety of their staff. If the employer is placing you at risk, you may have grounds for a constructive dismissal which would be much stronger in these circumstances. 

  1. Do I have a legal right to be placed on furlough leave? 

In short, no. It is for the employer to decide whether it deems it necessary to place staff on the furlough scheme. See more details here. 

  1. I returned to work from maternity leave on 2 March which just before my employer closed. Am I entitled to furlough leave? 

Yes. The criteria is that provided you were paid under a PAYE scheme on or before 28 February 2020, you are eligible. Provided that applies in your circumstances, and it appears it would, your employer will be entitled to claim furlough pay for you. See more details here. 

  1. I work for an agency. All permanent staff have been placed on furlough leave but the agency staff have been offered nothing. What are my rights? 

This depends on the terms of your contract but unless there is an obligation on the part of the agency to provide you with work, a failure to provide work in these circumstances is unlikely to amount to an unfair dismissal. 

  1. Can my manager make me work if I am self-isolating?

It depends on the circumstances. If you have been displaying symptoms or have been advised to self-isolate on medical advice, you are entitled to sick leave.

If you are not within those categories, it may still be necessary for you to work. Note however the issues relating to health and safety addressed at Q.6 above. There is more detail on this issue here.

The guidance for employers says that employers can access the scheme if they

“…cannot maintain your current workforce because your operations have been severely affected by coronavirus (COVID-19), you can furlough employees…”

This suggests that the scheme is only available to employers who would likely be required to make staff redundant but for the scheme.

  1. Can my employer change my terms and conditions when I return from furlough leave? 

The only circumstance in which your terms and conditions can be changed is with your consent. If you do not consent and the employer seeks to enforce them, you may be entitled to resign and take a claim of constructive unfair dismissal. See more on this topic here.

  1. I have had to stop working due to a lack of childcare. My employer has dismissed me. Is this unfair dismissal? 

The updated government guidance specifically states that employers are entitled to place staff in your position on furlough leave. See the section on employees with caring responsibilities here.

If you have been dismissed, we suggest that you forward that link to your employer and ask that they re-hire you and place you on furlough leave. If they refuse to do so and you have been employed for more than two years in GB or one year in NI, you are likely to have a claim for unfair dismissal.

  1. I’m an apprentice. Can my training continue?

The government has produced additional guidance on this here. In short, apprentices are still entitled to continue training even when on the furlough scheme so long as this does not provide a service or generate income for the employer. Extensions and breaks in training will be permitted if required

  1. My employer has told me that I need to claim SSP myself directly from the government. 

This is incorrect. SSP is paid to employees directly by the employer. Indeed, employers are no longer even entitled to claim this back from the government although the rules have changed where COVID-19 is the reason for the illness. See more on your sick pay rights here.

Further reading

For more information on the furlough scheme, you might find our other articles useful:

Need help?

For an assessment of your case, call 0808 168 7288 or fill in the contact form, right.

We have already helped thousands of people to win millions of pounds in compensation.

See what they say >

You have a choice of ways to pay, including ‘no win, no fee’.

Browse funding options >

 

 

 

 

 

 

 

 

 

 

Back to all news

April 8, 2020 at 3:33 pm
Category: Blog

Share Article With:

Call us on
0808 1687288
or fill in this
Free Online Enquiry

(no cost or obligation)

We will only use the information you provide to handle your enquiry, and we will never share it with any third parties.

What Our Clients Say

I found all the staff to be knowledgeable and highly professional. Stephanie W

My experience has been a very professional one. The case ran smoothly from the get go. I was always kept in the loop. Dinah T

Up to date information. Easy to contact. Knowledgeable solicitor. No win without him. Audrey S

Very good. Always stayed within the timescales given. Sound advice, would recommend. Ken S

Efficient and helpful. Takes the claimant points into consideration. Angela R

Paul Doran Law has been extremely helpful and supportive in very difficult circumstances. I would highly recommend them as professionals to others and have a lot of faith in their advice. David R

Although a lengthy case I have been constantly updated throughout. Susan R

Paul answered me promptly, was very helpful and advised me what to do. Winifred P

Paul Doran was very helpful during my communication. Friendly and professional. Adrian M

Cormac is a very reassuring person, he made sure I was kept up to date as my case progressed and was always supportive when I got the jitters. He was very diligent and methodical whilst representing me. Iain M

Professional approach and positive attitude. Shirley M

Competent and efficient and very pleasant to deal with. Cloda McN

Cormac explained my options and talked me through each step and advised me of the best possible outcome. Gerard McL

Very helpful. Emma McA

Satisfied with service. Susan H

Very satisfied with the professional way case was handled. Evelyn H

Staff and solicitor very helpful at all times. Solicitor very knowledgeable and took my case and concerns seriously, and in a very professional manner. Deborah H

Friendly, efficient and very professional. Charlotte G

Very friendly and competent service. Peter G

My experience using Paul was very professional at all times. Kept me up to date at all times throughout the process. Blanche G

Very professional, friendly and efficient. Kept me informed throughout the process. Straight forward service which is exactly what I needed. Paula F

Good end result, Paul did a lot of work. Thank you. Lyn E

Felt at ease and was listened to; got excellent advice. Gemma D

Very professional and always willing to help and offer advice when needed on the situation. Lytreena D

Outstanding, friendly service from start to finish. Matthew C

Very professional and always left valued as a client. I feel that the company has worked very hard to get me a good result. Christine C

From day one there was a plan of action. I feel I was listened to and heard, after which the process was then easy. Kanta C

I would highly recommend. Karen B

Confident in representation. June B

Very happy with all aspects of my experience from initial contact to finish. Andrew B

Understanding and very prompt. Michelle W

Completely professional, and secured a settlement beyond my expectations. Cormac was exceptional – very many thanks. Joan W

Very happy with results. Very grateful for all Paul and his team have done for me. I feel valued as a client, my questions were always answered very quickly. Thank you. Anna V

Very good, professional. Amida S

Always responsive, courteous and supportive. Would recommend to friends and family without hesitation. David S

Easy and efficient and professional at all times. Stephanie R

Very good. Yusuf O

Excellent, efficient and prompt legal advice. Very satisfied with service provided. Lisa N

It took me a long time to find a solicitor who would support my case. I’m so glad I found Paul Doran Law who brought me success. Shirley N

I have had a very pleasant experience using Paul Doran Law and would definitely use again. Rebecca McM

The service was always informative, dignified and respectful. Chloe McL

I would definitely recommend. Colleen McB

Cormac was excellent from start to finish. I have already recommended him to friends and family. Sam M

Paul Doran Law were professional and very concerned about my feelings and what I had been through. I felt that they cared. Lisa M

Professional, helpful, very knowledgeable. Highly recommended. Bekki M

I found Cormac very compassionate and was always there as I had a lot of queries. Stephen McG

Impressed with accessibly, speed of response and professionalism. Edna L

Cormac was very professional and reassuring at all times. Kat K

Great, a good experience. Thank you. Mary K

Professional, efficient and friendly. Tabitha K

Very well treated throughout. I was always listened to and my questions answered. Allan H

I found Mr Rice to be professional, amiable and my overall experience was a positive one. Marcel G

I received valued information initially and came back later to receive a very satisfactory outcome. Lyn F

Put at ease very early on which helped me feel less stress. Harry D

I can’t thank you enough. I am so glad with the outcome and will recommend you. Christopher B

Cormac was great. Tom B

I would recommend Paul’s legal service as it is professional and thorough. Shelia H

This claim has been handled professionally and without delays. I am totally satisfied. Kelly L

Should the need arise I would definitely use Paul Doran’s services again. Suzie U

Any queries were answered quickly with detailed responses.  Sharon H

Everything was written very simply and in plain English which was good. Sylvia B

When time lines have been set, they have been met. I did not just feel like a case number. Karen S

When I emailed, Paul replied straight away.Very friendly and easy to talk to. Rita C

Paul was very thorough and helpful and successfully brought my case to an end. Margaret C

I feel strongly that Paul cares about clients. Pamela R

Paul was very reasonable and fair regarding the fees deducted from my claim offer I was awarded. Deborah McM

Very professional all the way through the process. Sharon C

I found all the staff to be knowledgeable and highly professional. Stephanie W

Well informed and easy to contact. I wouldn’t have won my case without him. Audrey S

Very good. Always stayed within the timescales given. Sound advice. Would recommend. Ken S

Efficient. Helpful. Take the clients points into consideration. Angela R

Paul Doran Law has been extremely helpful and supportive in very difficult circumstances. David R

Although a lengthy case, I have been constantly updated throughout. Jenny R

Professional and efficient service with helpful and friendly staff. Susan R

My case was handled professionally and my solicitor was very understanding and quick to respond. Eleanor P

Paul was very helpful and friendly. Adrian M

Cormac is a very reassuring person. He was very supportive when I got the jitters. Iain M

Kept going when it did not good and achieved a successful outcome. Shirley M

Competent, efficient and very pleasant to deal with. Cloda McN

Cormac deserves a salary for counselling alone! Lesley A

Cormac explained my options and talked me through each step and advised me of the best possible outcome. Gerard McL

They were quick to get things sorted. Emma McA

Very satisfied with the outcome to my case. Evelyn H

Solicitor very knowledgeable and took my case and concerns seriously in a very professional manner. Deborah H

Friendly, efficient and very professional. Charlotte G

I liked the personal touch. I received phone calls with updates instead of relying on letters all of the time. Sharon C

Very friendly and competent service. Peter G

Very professional. Kept me up to date at all times throughout the process. Blanche G

Straightforward service which is exactly what I needed. Paula F

Good end result. Paul did a lot of work. Lyn E

Very professional and always willing to help and offer advice when needed. Lytreena D

Very pleasant manner from staff and solicitors. Sara C

Outstanding. Friendly service from start to finish. Matthew C

I feel the company worked very hard to get the result. Christine C

From day one there was a plan of action. I feel I was listened to and heard after which to prove the case got easy. Kanta C

I would highly recommend. Karen B

Very good overall service. Judith B

Very happy with all aspects of my experience from initial contact to finish. Andrew B

Very professional, friendly and efficient. Kept me informed throughout the process. Paula F

Very professional. I always felt valued as a client Christine C

Paul was extremely professional and efficient Lesley A

Outstanding – friendly service from start to finish Matthew C

Paul Doran was very helpful during my communications, friendly & professional. Adrian M

I found right from the beginning Paul was very friendly and easy to ask questions at any time. Rita C

Paul is prompt, friendly and approachable. I liked how he was committed to my case and kept me informed. Judith P

I appreciate the thorough and expedient manner to which the task was completed. Barbara H

I feel Paul really cares about his clients and works to get the best outcome and justice for them.  Elaine S

My claim has been handled professionaly and without delays.  I am totally satisfied. Kelly L

Paul’s legal service is professional and thorough. Sharon H

I entrusted him with something that was very important to me and he did not let me down. Deborah McM

I was in contact with Paul on many occasions and all queries were dealt with personally and politely. Judith C

It has been a pleasure using Paul Doran Law. I would recommend him to friends and family. Sylvia B

Cormac was an absolute pleasure to work with – very polite, helpful, and thoughtful. Jessica D

Paul was polite and considerate and efficient. I would highly recommend this firm Geraldine A

I have been very impressed by the industry knowledge and the level of service provided. Nuala M

Quick, honest and responsive.

J Chambers

The service provided has been delivered beyond expectation.

K L Stokoe

Recommend without reservation.

J Taylor

If Paul had not taken on my case, I would not have received monies owed to me. E Shefford

I would recommend Paul’s legal service as it is professional and thorough. S Hall

View more testimonials

Why Choose Us?

  • We only work for employees
  • 25+ Years' Experience
  • No Win, No Fee available
  • Insurance to protect against Tribunal fees