A letter to employers explaining the terms of a dismissal agreement to employees put on leave for the first time. OpenDocument Text (ODT) format. The guidelines we have received so far from the government make it clear that any flexible agreement must be with a staff member and documented. A flexible agreement is a formal change in contact with which an employer must obtain the explicit consent of a worker. Employers do not automatically have the right to place workers under flexible labour regulation, even if the worker has been dismissed before. It also appears that a written agreement is actually a prerequisite for asserting claims after July 1 under the CJRS, and so it is essential that such an agreement exists if you do not want to risk HMRC not paying. Workers on sick leave must receive statutory sickness benefits, but may be dismissed during this period. We therefore believe that a worker who has contractual sickness benefits could also be put on leave. However, we believe that employees who receive another legal payment, such as for example. B the statutory maternity allowance, the paternity allowance, the adoption allowance, cannot be put on Furlough. There are optional clauses depending on whether the employee is held for the first time on a flexible furlough or placed on a flexible furlough. Workers will continue to accumulate the 20 days and 8 statutory holidays (5.6 weeks) of working time arrangements, statutory leave over the leave period and any additional contractual leave, and employers will have to pay it at 100% wage (because it is a benefit received when the worker has received the full wage calculated on the average salary of 52 weeks), even if employers only plan to pay 80% salary.
It is now time to review employee and manual contracts to see what changes need to be agreed in the short term with employees for full or flexible dismissal. Employers must decide whether they want to access either the full furlough or the flexible furlough in any case for minimum periods of 7 days. If you plan the salary and all salary-related benefits (for example.B. Under labour law, this is an illegal deduction from the salary of 20% of wages and benefits and could be constructive (unjustified dismissal). That is why it is important to preserve the labour agreement. In order for employers to fulfil their obligations in this area, we have prepared a flexible furlough agreement and customers would have to log in to their customer portal to access the document. The agreement is extremely comprehensive on the basis that: it must be to meet the legal requirements and because it tries to deal with as many permutations as possible of flexible furlough. The agreement also contains details on related issues such as the rotation of “full leave”, annual leave and sickness. Employers who wish to conclude flexible agreements with their employees are recommended to read this agreement very carefully and to explain it to the workers concerned. .