COVID-19: Suddenly everyone’s a Furlough Expert

legal updates

The Government has published further information about furlough leave and we certainly have a bit more clarity.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Team Lawgistics will be answering questions about furlough leave and other topical issues on the Car Dealer Live show on 1st April 2020.

The Government has published further information about furlough leave and we certainly have a bit more clarity, but our members still face a number of practical issues when trying to put their staff on furlough leave.

One of the things quite often misunderstood is that furlough leave is a separate matter from sick leave. If your employee is sick, and perhaps shows coronavirus symptoms, the employer will be within its rights to send this employee home and insist on self-isolation. However, it does not mean that this employee can be put on furlough leave by reason of sickness. The furlough leave is an alternative to redundancy and lay-offs. A sick or self-isolating employee should be on sick leave for the duration of sickness or self-isolation (not social shielding) and due sick pay.

Another common misconception is specific to repair garages. It is worth remembering that car showrooms are ordered to close. Car repair and MOT services are specifically exempt from the obligatory closure. Remember that the furlough leave is an alternative to redundancies and lay-offs. If a garage intends to put its staff on furlough leave, or some of its staff, we should strongly advised that the garage should in a position to demonstrate the evidence that its business diminished to the extent that the mechanics had no work to do and the staff had to be put on or agreed furlough leave.

We have received some other interesting and pertinent questions: does the annual leave continue to accrue? What about the forthcoming bank holidays, do they make any difference? The furlough leave can be taken in chunks of 3 weeks but what if the restrictions on trade are lifted before the furlough leave expires, say in the second week?

Lawgistics legal advisors will be answering all these questions and more on the Car Dealer Live show which can be seen by clicking on the link below. If you have any further questions please email [email protected] or call 01480 455500

https://cardealermagazine.co.uk/publish/car-dealer-live-6-lawgistics/189094

Impression Communications LtdPutting the motive in automotive

Impression works with businesses across the automotive aftermarket supply chain such as parts suppliers, warehouse distributors, motor factors and independent garages. Covering all aspects of automotive aftermarket marketing, including social media, event management, customer newsletters and PR, Impression is able to quickly establish itself within a client’s business and work towards their objectives.

Kiril MoskovchukTrainee SolicitorRead More by this author

Related Legal Updates

Extension of Redundancy Protection for Pregnancy and New Parents

Explore the strengthened redundancy protections for new parents with significant amendments to maternity, adoption, and shared parental leave rights, effective from April 2024, ensuring enhanced job security during critical family milestones.

Changes to Flexible Working

Unveil the new landscape of flexible working rights with the Employment Relations (Flexible Working) Act 2023, now granting ‘day-one’ rights to employees and setting a precedent for more adaptable workplace practices effective from 6 April 2024.

New employment legislation effective from 6 April 2024

Enhanced employee rights, offering day-one entitlements to carer’s leave, flexible working arrangements, and extended redundancy protection for pregnant employees and those on family leave.

Wages increasing from 1 April 2024

With effect from 1 April 2024, the hourly rates of pay are…

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Employment Law: Annual Leave Changes

Several significant changes came into force on 1 January 2024 that affect the statutory annual leave and pay entitlements.

The office Christmas party season is here

Where an employee makes comments concerning a person’s body parts or style of dress that are intended to be good-natured but are perceived as offensive…

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.