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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 67910
Experience:  Qualified Solicitor
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Im a housekeeping manager and looking to bring staff back as

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Hi im a housekeeping manager and looking to bring staff back as we are opening 4th July, some of the staff members are refusing to come back due to child care, can I bring those people back or do I have to keep them on furlough? also can I stop their furlough?
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: no
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: employee, no union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thank you

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Are you able to select staff who are willing to return? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 8 days ago.
I have selected staff who are able to return but still need the ones with children. I can accommodate July but august when half term starts I feel they should be able to return.

Thank you. You can indeed reasonably expect these workers to come back when the usual summer holidays would have been on as the kids would have been off school anyway so it makes no difference if they cannot go to school.

We know that the current situation is creating a lot of difficulties for many people across the country as it is unprecedented to have to look after your children at home, whilst not being able to rely on any outside help and also working at the same time.

However, the law has not changed in terms of your options and these remain as follows:

{C}· Dependency leave – this is only for emergencies and it could have likely been used to start with but once it has become apparent that this will be happening on an ongoing basis, it will no longer be classified as an emergency

{C}· Parental leave – they get 4 weeks of unpaid leave per year per child that they can take, although they need to give at least 21 days notice. If the employer cannot accommodate their chosen dates they must offer an alternative.

{C}· Holidays – to be applied for in the normal way

{C}· Unpaid leave, if approved by the employer

{C}· As a final resort, they can just take the time off unauthorised but that risks disciplinary action

Does this answer your query?

Customer: replied 7 days ago.
Thank you. so if from aug i put them on the rotoa and they decline to work can i legally stop there furlough?
Customer: replied 7 days ago.
also from the 1st July will furlough drop to 60% meaning employers will have to top up 20%, if this is the case how will it work for those who cant return due to childcare?

You can take them off furlough at any time, it is up to you. You will have to start contributing from July and it does mean that if someone remains furloughed, for whatever reasons, including child care, the employer will have to increase their furlough contributions

Customer: replied 7 days ago.
staff can be asked to be furloued until oct but we dont have to except this?

not at all, furlough is the employer's choice

Customer: replied 7 days ago.
thank you for your time

All the best

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