Coronavirus: Your workplace questions

I would love some help with a furlough situation. My understanding of the scheme is to protect business and employees who due to the economic downturn require protection or retention to ensure that they are able to return to their posts when this crisis is over. My organisation has been going through a redundancy process prior to the crisis due to a planned end of contract. 3 of the employees who were made redundant on the 31st March have asked for the redundancy to be revoked and for them to be furloughed. We have no need for these staff after the crisis as the contract no longer exists. We took a decision as an organisation that furlough in this case would not apply, they are now threatening legal action. Have we made the wrong decision? What are organisations rights regarding refusing furlough?

I would love some help with a furlough situation. My understanding of the scheme is to protect business and employees who due to the economic downturn require protection or retention to ensure that they are able to return to their posts when this crisis is over. My organisation has been going through a redundancy process prior to the crisis due to a planned end of contract. 3 of the employees who were made redundant on the 31st March have asked for the redundancy to be revoked and for them to be furloughed. We have no need for these staff after the crisis as the contract no longer exists. We took a decision as an organisation that furlough in this case would not apply, they are now threatening legal action. Have we made the wrong decision? What are organisations rights regarding refusing furlough?

Hi Samantha the CIPD furlough guidance is quite comprehensive, see this link www.cipd.co.uk/.../furlough they give super advice and it seems if your business is keen to go ahead with the redundancies, you need to have thorough notes as to why the furlough would not be a good option in place of the redundancy. The platform to claim furlough Grant's I believe is opening on the 20th April, so shouldnt affect the business's available cash flow and cant see why keeping the employees on during this time would be a problem for the business in this instance, it would avert any claims and show the other employees that the business cares about their employees. You could also consider asking the employees to take leave during the furlough period but bearing in mind the leave will be paid at full rate seems that then only a 20% top up would be required by the business. You could test the theory but as 80% is granted then maybe only 20% needs to be paid by the business, which could reduce outgoings for paying out leave on eventual redundancy...I stand under correction on this one, but trying to think laterally on best solutions.

Thanks for you response. Where would an organisation stand on their being no work for these employees even after the crisis? Would redundancy start again, and I presume that the 3month period would count as an employed period and therefore anyone who then clocks over into 2 years service within this period would then Be eligible for redundancy payments.