This is something that has recently come to light so I thought it would be useful to do a brief blog on it for you.
This is not our opinion but is taken from the information we have received so we urge employers to seek professional advice from either an employment lawyer or HR specialist regarding this information if it is applicable to you.
Where employees have already booked holidays off in advance of being furloughed or in respect of any employees who will be furloughed during the Easter Bank Holidays or May Bank Holidays, the ability to be able to claim under the Job Retention Scheme (JRS) in full or in part may be affected.
This is something that is exercising the minds of Employment Law Specialists and, as of now, there is no definitive answer. These specialists are suggesting that at present there are three options open to an employer when considering the Easter and May Bank Holidays – and each one has potential repercussions:
This is certainly an issue which has blown up amongst Employment Law Specialists over the past couple of days. Their further concern is that neither the employee nor the employer may have been aware of the full employment law facts regarding holidays when entering into the furlough agreement in which case if left on a whim, is it legally not worth the paper it is written on?
It’s a decision for each employer to take. Either:
We would suggest that the third bullet point is probably the more appropriate but each business owner, quite rightly, may have a different take and may get differing employment law advice.
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