Monday (20th April) saw the launch of the Government portal for re-claiming employment costs for furloughed workers under the Coronavirus Job Retention Scheme (CJRS). Over 140,000 companies accessed the portal to make claims on the first day alone and there seems to have been a largely positive response. Fears of the system being overwhelmed are apparently unsubstantiated.

If you are yet to access the portal to make any claims, your best starting point is probably at https://www.gov.uk/guidance/claim-for-wages-through-the-coronavirus-job-retention-scheme

A point of note however is that if you, as an employer, receive the Employers National Insurance allowance (increased to £4,000 for the 2020/21 tax year), then this will affect how much Employer’s NI you can claim for under the scheme. In other words, the Government will not fund Employer’s NI twice, and you may need to make an adjustment to your claim.

With this major element of the CJRS largely under control, we have received a new tranche of enquiries, mostly in regard to managing workers returning from furlough or having their furlough extended. We have distilled these down into a number of FAQs below.

Q. I need some of my employees to end their furlough and return to work. How do I do this?
A. You should write to confirm they are required to recommence work and the date they are required to return, even if you are asking them to resume duties from home. It’s okay to un-furlough only part of your workforce if perhaps you require certain skills. If you want to un-furlough say, 50% of a team that does the same job, make sure you do so fairly and without any exposure to discrimination claims. Consider those who are shielding and have childcare issues. We have a letter for this in our toolkits.

Q. Can I furlough employees again after they have been un-furloughed?
A. Yes. You might ask a furloughed employee to return for a few days or weeks to complete some maintenance or run specific tasks. You can then furlough them again. This might also be a solution if you only need part of your workforce furloughed and you want to swop who is furloughed and who is working. Just remember the minimum furlough period is three weeks.

Q. How do I extend furlough for employees?
A. This might depend upon the wording you used when you furloughed them in the first place. If you did not specify an end date to the furlough period, then there’s nothing to worry about. If you said something like the initial furlough period would be three weeks and then reviewed, you should write to confirm that it has been extended. You’ll want to show continuity of furlough from the original date if you are extending so that you meet the three-week minimum. We have a letter for this in our toolkits.

Q. It sounds like my business won’t be back to normal for many months. How long can I furlough staff for?
A. The initial CJRS stated a 12-week furlough period, extended to 16 weeks. As with everything else during the pandemic, this will be up for review so if you need to, continue to furlough for this period. We expect an announcement from the Government about any extension to the scheme, or otherwise, as we near the end of the 16 weeks.

Q. I still don’t know what I should be doing about holidays for staff on furlough.
A. Neither does anyone else. This is still an area that remains subject to clarification, however holiday should continue to accrue during furlough because it’s a statutory right. The Government has changed the law to say that un-taken statutory holiday can be carried over the next two years, but we believe this is to ensure that key workers don’t lose holiday they are unable to take. We still advise that you can give notice to furloughed workers to take holiday whilst they are furloughed. You must top up their salary to their usual full pay however for any days taken as holiday days.

These FAQ’s are just a summary of some of the more frequent questions we have been getting. For more detailed and specific support, we’re available as usual on 01452 331331 or via e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it.

Whilst the Government’s Coronavirus Job Retention Scheme (CJRS) has introduced furloughing staff as an alternative to lay-off and redundancy during the current crisis, another three weeks of lock-down, as announced last night, could mean some drastic rethinking for some businesses.

Other organisations may have found the lock-down period to be something of a revelation. Being forced to operate online or with a skeleton staff may have revealed some efficiencies and cost savings that can be made that will positively impact profit.

Even when restrictions are lifted, it’s unlikely that a return to work as we knew it will be an overnight event. It’s much more likely that we’ll see a phased return with certain businesses and industries starting back before others, albeit with distancing measures still in place. Spain for example has recently announced that some construction work can recommence.

Whichever end of the phased return a business sits, some planning and preparation is paramount if it’s going to come back firing on all cylinders. We’ve spoken previously about keeping furloughed employees engaged through training to maintain their drive and energy. We enabled our courses for online delivery with funding still in place for qualifying areas.

There may also be a period of restructuring, including making redundancies for some businesses. We’ve seen an increase in the number of enquiries to the helpline regarding redundancy, even if it’s just for preparedness.

Despite the current situation, all of the employment legislation wrapped around restructuring and redundancy is still in force. If you’re looking at a radicalisation plan, don’t be tempted to take any short cuts. You would still be liable for any potential unfair or wrongful dismissal claims.

We’ve put together some top tips regarding making redundancies, but these are just to keep you aware of some of the pitfalls. If a restructure looks like it’s on the cards, you should speak to us for specific and detailed support.

1. Give full and careful consideration to your business case rational and which employee groups are at risk
2. It is not an easy process for you or your staff, so getting the communication strategy right, including a consistent message cannot be understated
3. Remember it is always jobs that are at risk of redundancy, never the person
4. You’ll need to formally open a consultation for two to three weeks if less than 20 jobs are at risk
5. You’ll need a selection criteria that’s fair AND transparent and stands up to scrutiny
6. Conduct meaningful 1-2-1 meetings; preferably face to face and if your using technology, find a platform that allows this
7. Employees have a right to representation at all 1-2-1 meetings
8. Once consultation is closed and you’re giving formal notice of dismissal hearings, be sure to follow the correct procedure including adequate notice, the right to representation and the right of appeal
9. You don’t have to have all the answers on the spot. It’s OK to come back later
10. Keep notes of all discussions with staff, and send confirmation

We're still open for business supporting organisations with ongoing issues surrounding Coronavirus, staff training, redundancies and more. Call us on 01452 331331 send an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

Thanks to the Government Coronavirus Job Retention Scheme (CJRS), we’ve all learned a new word this month, ‘Furlough’. Through the CJRS, employers now have the option to furlough workers and claim back 80% of their employment costs from the Government rather than simply let them go where they have no work.

Today, the Government has released more details about how the scheme will work giving us some of the answers we’ve been waiting for. You can read the full details on the .gov website but for a lighter read we’ve distilled down the most pertinent points and created an FAQ style article.

What is Furlough? – Furlough is a period when an employee is not required to work but maintains employed status. Where an employer is unable to operate or has no work for its employees because of the Coronavirus pandemic, it can furlough its employees instead of laying them off or letting them go. The Government will reimburse the lesser of 80% or £2500 of furloughed employees wage costs backdated to 1st March.

Who should be Furloughed? – Any employee who was on your payroll as of 28th February is eligible. However, only employees who are not working because there is no work for them should be furloughed and there should be a minimum furlough period of three weeks. Here’s how most employees will be categorised during this period and how they should be paid:

• Working as normal – Paid as normal
• Working from home – Paid as normal
• Off sick for any reason – Statutory Sick Pay (SSP). Can be furloughed when sick leave ends
• Self-isolating – SSP
• Shielding – Can be furloughed
• On unpaid leave – Can be furloughed if the leave commenced after 28th February
• Maternity, Paternity, Adoption & Shared Parental Leave – Remains on statutory pay eg SMP. Can be furloughed when due to return to work
• Furlough – Furlough Pay

Do I need to Furlough everyone? – No, you only need to furlough those who you have no work for. If you only have work for a proportion of your staff then you only need to furlough the relevant proportion. Your selection criteria should be fair however and you might want to swap around who is furloughed, but there must be a minimum three week furlough period.

How much is Furlough pay? – Employers should pay and will be able to claim back 80% of employees’ normal salary up to a maximum of £2500. So 80% of £3125 is £2500 which is the maximum you’ll be able to claim back. You can top up pay to 100% but you won’t be able to claim the extra back. Bonuses and commissions are not included in furlough pay?

What’s the process? – Usually you would need a lay-off clause in your contract but under the circumstances you can furlough employees with mutual agreement. On the basis that you would otherwise have to make your staff redundant or let them go we don’t expect that there should be much objection. You should put it in writing and get written confirmation from any furloughed employees. We have a letter template you can download from the Toolkit section of our website which is free for our EmployerGuard clients.

How do I claim back the Furlough pay? – The Government is setting up a portal for employers to make their claims. This should be live over the coming weeks. You should keep accurate records of everyone who is furloughed in order to make your claim. We’re uncertain as yet if you need to make a separate entry on your payroll system but if might not hurt to do this if you have the facility. Information released today says that you’ll also be able to claim back employers National Insurance and minimum auto enrolment pension contributions.

Can employees work during Furlough? – The idea of furlough is to pay people for not working so that they stay at home and reduce the spread of the virus. Therefore they cannot work for you or anyone else during the hours they are contracted to you. If they already had another part time job, they could still do that.

NB. Furloughed workers are allowed to volunteer and undertake training during the furlough period. For businesses in Worcestershire, Bristol and Wiltshire, this is an excellent opportunity to make use of our funded training which we are running via webinar during this period. See the home page for a course schedule

We think we‘ve captured the main points here but we know there will be more detailed and nuanced questions from employers. As usual we’re on hand to support you. Contact us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

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Unsurprisingly this week, the majority of calls have concerned how employers should manage staff and the available options following a sudden and unexpected downturn in business. For many there is a fine line between being able to come to a reasonable and acceptable solution for everyone and the business closing completely. If you’re suffering at this time, we hope we can help you to make the right decisions.

We’ve included details of the options available but before you make any decisions, we think you should hold fire until the Government announces its businesses support packages which is promised for later today.

First of all, Coronavirus and the effect it is having on the country is 24/7 news so your staff may already be expecting bad news if you’ve experienced a notable downturn in business. The important thing is to be open, upfront and honest without causing alarm. It’s better that news comes from the owners and managers of a business than from the rumour mill.

If you think that you’re going to have to make reductions in the workforce, your options are:

Lay-off: You need to explicitly have a lay-off clause in your contracts to enable this. You would use it when there is no work at the moment, but you potentially expect it to return. You’ll need to pay a maximum lay-off payment of £29 per day for five days, so up to £145. Staff are still employed and continue to accrue holiday but any pension contributions for example would be reduced in line with pay. Staff are allowed to undertake other work with your agreement and can ask for redundancy if lay-off continues for four weeks.

Short-time working: This is where you reduce the number of working days per week and you’ll need a clause in your contracts for this too. You may for example reduce from five to three days per week. You would reduce pay accordingly, so in this example, to 60%. You would similarly reduce other benefits including holiday accrual and pension contributions. Again staff can find other work with your say-so.

If you do not have either of these clauses in your contracts, you can implement them provided you come to a mutual agreement with your team. You may need to stipulate that you need 100% buy-in from staff so that conflict is avoided.

Forced Holiday: You can stipulate that staff take their paid holiday. In order to implement this, you need to give twice as much notice as the holiday taken, so for two weeks holiday you’ll need to give four weeks’ notice.

Dismissal of short-term employees: If you reach the stage that you really need to let staff go then those with less than two years’ service will be the obvious first choice. You’ll only need to pay them their notice period plus any accrued holiday unless your contract states otherwise.

Redundancy: If drastic measures are called for and you have to lose staff who have more than two years’ service then you’ll need to make them redundant. Follow a proper selection procedure if it doesn’t apply to everyone and remember that it’s always the position that is made redundant and not the person.

This is top-line information only and each case will be different and require explicit advice so if you need further support and letter templates, please contact us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

Now that the UK has officially moved from a state of containment to one of delay, we can expect a rapidly changing landscape over the coming weeks. There is so much information available now about COVID19 Coronavirus that we have attempted to distil everything down to a single page of information. To download a one-page .pdf document of the below, please go to https://hrchampions.co.uk/COVID19_On_One_Page.pdf

For support with all aspects of employee management and HR, including employee wellbeing, call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

Employee wellbeing and work/life balance are phrases that have appeared in the workplace with increasing regularity over recent years. Being able to request flexible working arrangements is now a statutory right for employees and employers must be seen to give all such requests due consideration. Indeed, employers need to present a strong business case to deny flexible working requests.

The idea of spending less time at work and having more quality time to share with family was even seen as a vote-winner by Labour in the last General Election. The party’s manifesto included a promise to reduce the full-time working week to just 32 hours with no loss of pay within 10 years of being elected; employers being expected to shoulder the costs.

Despite this aspiration to work less, the increase in the number of people working from home might actually mean that we’re working more.

It’s difficult to find specific figures that identify the extent of homeworking, but the implication is that the numbers are rising significantly. As broadband Internet access becomes more readily available and collaborative software such as Microsoft Teams and SLACK become more prevalent, working from home is an option for more and more of us.

The often-cited benefits of homeworking include reduced office costs, higher morale, a wider talent pool and environmental advantages. It sounds like everyone’s a winner. However, there might be some downsides that are being overlooked.

Some business owners will hold the concern that the productivity of unwatched employees is likely to suffer. Conversely, evidence suggests that this is not the case and in reality there is an increase in output. But is this because we have an inherent guilt complex that compels us to overwork in order to dispel any insinuation that we might be skiving? Could this result in burnout or other health conditions because we feel compelled to work longer hours to justify the fact that we’ve been allowed to work from home?

Furthermore, we should consider the effects of loneliness and the lack of social interaction. There are numerous studies which suggest that social isolation is a major risk factor for mortality in humans. Moreover, that the risk to health caused by a lack of social relationships rivals the effects of well-established health risk factors such as smoking, blood pressure and obesity.

It’s quite a conundrum. In our efforts to be seen as responsible and flexible employers, offering competitive terms and striving to carve out a reputation as being a great company to work for, are we inadvertently causing detriment to our employees’ health? Whilst we might undertake a risk assessment of a worker’s home to ensure it complies with Health & Safety regulations, are we appraising the potential risks to mental and physical health that might be as yet, un-researched side-effects of home-working?

Until further research is undertaken, our advice is to include mental health as a consideration when assessing the viability of a position that involves working from home and when evaluating the suitability of an employee who requests it. This might form part of a wider wellbeing strategy that we’ll find in place with all businesses in due course.

We’re probably still a while away before this issue is recognised as a mainstream problem and a case comes to Tribunal, but you wouldn’t want to be the first.

For support with all aspects of employee management and HR, including employee wellbeing, call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

At the risk of repeating information you may have already heard from other sources regarding the Covid-19 coronavirus, we thought an update would be a good idea so that we are confident that we have given full advice to our clients and contacts.

The UK Chief medical officers have raised the risk in the UK from low to moderate. The situation is so fluid we strongly recommend that the government’s latest information and advice is checked and applied. Check it at least daily at https://www.gov.uk/guidance/coronavirus-covid-19-information-for-the-public

We recommend having a plan and some rules in place now and that they are communicated to all staff. You don’t want to be in the position should the worst happen that you and your team are floundering around because no-one knows what to do. Cancelling business trips to high risk areas should be high on your list and you may consider your options for homeworking.

We’ve compiled something of an FAQ list from an employers perspective that should help you to make a judgement on what action you need to take and when:

Q. What are my responsibilities towards my staff.
A. Duty of care is the key phrase here. You should take reasonable staff to keep you employees safe whilst they are working for you so make your team aware of NHS guidance (https://www.nhs.uk/conditions/coronavirus-covid-19/) and make sure they have opportunity to apply it. Post information in prominent places. Make sanitizer available for example and allow more time for staff to wash their hands more frequently.

Q. Should I send staff home?
A. Again the NHS guidance will help but generally send staff home who have symptoms or who are unwell. You might also consider asking staff who have recently returned from high risk areas to stay at home and self-quarantine for two weeks.

Q. Do I need to pay staff I send home or keep away from work?
A. This is a grey area because being in quarantine isn’t the same as being sick. Obviously if someone is unwell then they are entitled to SSP or company sick pay if you provide it. If you have asked someone to self-quarantine, because they have recently returned from abroad perhaps, and they can’t work from home then you probably need to pay them; through moral obligation if nothing else. If an employee is quarantined by force, under the public health protection rules, then strictly speaking you don’t have to pay them but they may be able to claim Universal Credit.

Q. What if staff can’t get home because their flight home from Tenerife has been cancelled, for example?
A. This is a similar to the flight cancellation issue we had a few years ago when the Icelandic volcano erupted. You’re not obliged to pay staff if they don’t turn in to work. They you be paid at least SSP if they are genuinely ill or you might negotiate allowing them to take more holiday days or agree a period of unpaid leave.

Q. Do I have to pay staff who are absent because their child’s school is closed
A. You have to allow staff time off to deal with dependants, but this doesn’t need to be paid. You also wouldn’t expect you member of staff to be absent indefinitely. The time off should be used to make alternative care arrangements for their child or dependant.

Q. What if staff can’t work because components are not available from locked-down countries.
A. This is a scenario where a lay-off clause in contracts might come into force. You could temporarily lay staff off and not be obliged to pay them if you have no work for them. You must have a lay-off clause to enforce this however.

Ultimately, it’s your choice whether or not you continue paying staff who are not strictly entitled to it, but as we always say, consistency is key. Treating members of staff differently could potentially open a whole other can of worms. Generally staff will want to come to work if they are able so you might find yourself insisting that staff stay at home if they are high risk due to exposure or travel for example.

As an island nation the UK has some advantages in minimising the potential for an outbreak but if the worst does happen, expect a raft of new guidelines. It might be worth considering how a worse case scenario would affect your business and plan what you could do to mitigate losses.

As usual contact us for further advice on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

The tragic death of TV presenter Caroline Flack last week has notably re-ignited awareness around mental health and wellbeing. It’s a subject that has increasingly influenced the advice that we give in regard to people management over the past 24 months, with stress and anxiety often being key factors. We introduced a suite of specific training courses more than 12 months ago to help organisations manage mental health issues. However, we would be the first to state that whilst some training should form part of your mental health strategy, organisations should implement an ongoing structured approach.

Mental health issues can be complex, diverse and wide ranging. As mentioned, the more commonly recognised conditions include stress, anxiety and depression. It should also be remembered that severe and enduring mental illness can be life changing.

Work isn’t always the main cause. For example, the physical decline or death of a loved one can trigger a mental health episode, as can physical illness or a partner’s job loss. We might find that pressures or conditions at work such as a tough work schedule or tight deadline might exacerbate external factors however.

It’s widely reported that admitting to having mental issues remains shrouded with stigma and is seen as a weakness; especially amongst men. Historically, individuals have been unwilling to admit to being unable to cope or feeling stressed for fear of being accused of being inadequate. However, we should be trying to create an environment where employees do not feel this way and instead can freely express their concerns, problems and feelings.

The increase we have seen in cases where mental health is a factor, is likely to be a result of more people feeling comfortable about admitting to issues. Mental health organisations on the other hand will probably say that we still have a long way to go.

One approach that organisations can consider is to encourage the view that we all have mental health; just as we all have health generally. It’s fair to say that most of us will suffer something during our lives that affects our general health; and equally, we might also suffer something that affects our mental health. In other words, many of us can expect to have poor mental health at some time in our lives.

As employers, our approach to mental health should be the same as any other health condition. We have a duty of care towards our employees and should ensure they are safe and that the work environment is a safe place to be.

Because mental health issues don’t generally have any outwardly visible signals like a plaster cast would be for a broken arm, or a streaming nose and red eyes from an allergy, we need to take other steps to identify it.

If we are able to catch the triggers and causes of mental health issues early on then we can do something about it, thereby increasing the chances of resolving the issue before it gets out of hand and causes anyone to need to take time off work.

More and more organisations are introducing Mental Health First-aiders; employees within a business that other employees can approach in absolute confidence if they feel a mental health issue might arise. Although not qualified in dealing with mental health issues per se, the first-aiders are trained to spot the early signs of mental health issues and can signpost individuals towards an appropriate course of action or mental health practitioner.

Our own two-day Mental Health First Aid training courses are regularly available.

In addition, organisations can provide in-house mental health awareness training for all staff and we have training solutions for this too.

For further support and advice about implementing your own mental health strategy, call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

If you have ever been in receipt of a Subject Access Request (SAR) from an employee or, ex-employee, you will know how very resource and time consuming they can be. At HR Champions we have seen more SARs being requested amongst our clients, usually by disgruntled employees. They often arise because the employee is looking for something against which they can make a claim.

The potential impact and effect that a SAR can have is, on its own, a good reason to pay attention to how you handle employee data.

Simply put, on receipt of a SAR an employer (although this could be any organisation that holds data about individuals) is obliged to provide any and all information about, and which identifies the individual in question.

Employee records will of course comprise some of this information, including records and notes regarding any disciplinary actions. You will also have to include any communications that identify or mention the individual, and in the digital and e-mail age this could amount to many thousands of pages.

Additionally, communications across other platforms will have to be included; so text messages, Whatsapp and Twitter, if you use these in your business for communication purposes; all adding to the pile.

To make matters worse, in providing this information, you must also keep private the personal details and information of other individuals. You may therefore find yourself having to redact others’ names and details from the information you collect.

You may have cursed GDPR legislation when it was introduced back in May 2018, but by keeping to some of its principles you may reduce your burden should you ever receive a SAR. To remind you, the six lawful reasons why you might process and retain personal data are:

• Consent: the individual has given clear and informed consent for you to process their personal data for a specific purpose
• Contract: the processing of data is necessary for you to fulfil a contract you have with the individual, or because they have asked you to take certain steps before entering into a contract
• Legal obligation: you are processing the data to comply with the law (not including contractual obligations)
• Vital interests: the processing is necessary to protect someone’s life
• Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law
• Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason that overrides this

Therefore, if you only hold onto data for as long as is strictly necessary, you’ll minimise the amount of work you’ll have to do should a SAR ever land on your desk. For example:

Job applicants can enter a claim if they think that they have been discriminated against during the recruitment process but the time period to bring a claim is usually three months. Therefore, safely dispose of information collected during the recruitment process after this time.

Although it varies between companies, disciplinary action should only stay on an employee’s file for twelve months, after which it cannot be taken into consideration. Holding onto this information for any longer therefore holds no purpose so you might consider just getting rid of it. This will also mean any notes and comments are disposed of too.

You might consider following The CIPD’s advice to keep employee records including training and disciplinary records for six years after the employee has left the organisation’s employment. However we think that it would be very difficult to justify why you would need to hold information for that length of time.

Unless e-mails are work critical, keep on top of inboxes and delete anything that is no longer required. Even if e-mail content is innocent, you will still have to provide it if the individual is mentioned and you might then have to redact anyone else’s details, all of which costs time. If you have sensitive information to share about an individual via e-mail, consider using a code for the person concerned. If they can’t be identified, you don’t have to provide the information.

Communication threads on Whatsapp etc; delete regularly so you only keep current discussions and communications. There’s little point holding onto chats that are year’s old and that will only add to the information you must provide.

Payroll data you need to keep for six years for inland revenue purposes and Right to Work information must be held for up to two years after the employee has left to satisfy Home Office rules. Otherwise, after the three months has passed to make a Tribunal claim (six months for redundancy), there’s really no need to hold onto employee information.

Under GDPR, and Data Processors who hold information on your behalf might also need to provide information on the application of a SAR so make sure you are protected with a robust Data Processor Agreement to show that you have taken reasonable steps to keep information protected.

You can’t stop someone applying for a SAR but by following these tips you might just minimise the amount of work you have to do if one ever arises.

For help and guidance with any aspect discussed here, call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.