What happens if you refuse to go back after furlough?

[Daffodil101]

Just idle Sunday morning musing, really.

Doesn’t apply to me, but two friends in two days have said that their employer wants them back and they aren’t going.

One is an estate agent - manager asked her to start back this week, she’s said no. The other works in a nail salon, meeting with manager suggests he is looking to open early July. She wants to wait until October.

Both furloughed on 80% though I think the nail bar owner is actually making up the other 20%. Where would you stand if you said no to going back? Could they ask you to pay back your furlough or would they keep you on at 80% until October?

I imagine you’d be out of a job? It’s up to the employer who’s on Furlough. The state is paying the 80% and you wouldn’t have to pay it back.

I would think you can't just refuse, I don't see that being within any employees actual rights.

Also morally if your employer is following the safety guidelines as much as they can and want to get going again, and the gov allow it, then you really should go.

I would think you would lose your job.

If the business reopens and there is work for you there, I don’t think you can continue to receive 80% of your pay.
I am sure furlough is only for those who can’t work due to the government closing down their place of employment.
My guess would be they take unpaid leave.

Surely if you the business is open and the staff refuse to go back then they would start disciplinary procedures

I should have said, the estate agent is willing to work from home, but not willing to go out and value properties.

Nail bar friend told me she doesn’t trust people not to tell lies about their health. Numerous instances of clients telling her they’ve got some sort of virus but still coming to get their nails done.

I would assume you would lose your job and they would just hire one of the many people looking for work right now.

How long did they agree to be furloughed for? It has to be a minimum of 3 weeks to claim from the job retention scheme.
Ultimately if they don't turn up for work, they can be dismissed. Although the process of such dismissal will depend on factors such as length of service.

You’d be leading your job I imagine

I’d imagine they would start disciplinary procedures. Depends on whether they want to keep their job or not I suppose.

Leaving

Unpaid leave or lose your job. It isn’t up to the employees to decide how long they are furloughed for.

I do understand the fears and concerns about going back to work but they cannot expect to be paid for not going to work if the business is able to open again safely

I think it’s that word ‘safe’ that’s the problem. Coincidentally, they are both probably my most risk averse or anxious friends.

How does an estate agent work from home?

In the nail bar, surely both the technician and client wears a mask and washes their hands.

The employer won’t just say ok we’ll keep furloughing you as what’s to stop every employee saying the same.

They could do unpaid leave but it may be more direct as they obviously need people back

Im fairly sure that those who claim they're not going back will change their tune when they must then take unpaid leave/lose their jobs.... Money talks!

If the government allows the business to open and employer can put in social distancing measures then they would need to work. I presume if there is work the furlough wouldn’t cover.
I can see that might work with an estate agent in the office but not with nail bar. If disciplined maybe challenge on health and safety.

Difference could be employee shielding of with family member shielding. I don’t know about employees just below that (very vulnerable). Childcare - may need to start with annual or other leave.

I would have to start disciplinary procedures ,and ultimately dismissal.
Furlough is for staff if there is no work to be done
I need to ensure the business survives,otherwise everyone is out of a job (including me )

I think both of them have really good relationships with their bosses and perhaps feel they have the ‘clout’ to call the terms.

I guess there’s a bit of a moral thing going on though, as furlough is taxpayers money. I think if I were an employer in these circumstances, I’d give them unpaid leave. Would the government continue to furlough some employees of one company if others were back in work?

I would think they would not be able to do this TBH. Really unless a vaccine is found PDQ, then what difference does it make if they start in October? How many people will be queuing to get their nails done anyway!

If they received preferential treatment such as extending furlough just to keep them feeling safe the other employees may have something to say. I’d not be happy about that.

Agree with others, most employers would treat it as refusing to go to work under any other circumstances.

They could ask to use their remaining annual leave or be unpaid but this would be at the employers discretion.

Ultimately if they refuse to return to work they will be subject to the disciplinary procedure which could lead to their dismissal.

How can a nail bar operate with any sort of social distancing? I think she is within her rights to ask how her employer will protect her H&S and make that Covid-safe. But ultimately furlough is to allow the business to survive and not for the employee to decide.

In the first instance both should as to see the relevant risk assessments.