As more businesses return to work and we draw closer to the winding down of the Government’s Furlough Scheme, employers will be experiencing new challenges in managing and motivating their teams. We have already been asked to support with some staff who have demonstrated reluctance in returning to work. Others are facing logistical issues in maintaining their workplaces as a safe environment and employee wellbeing continues to be a concern for many.

This Government has a fine balancing act to perform. The management of our exit from the Covid crisis will probably be the defining factor of its tenure. Relax restrictions too early and we face a second wave of the virus that puts more lives in danger. Enabling a full return to work too late risks hobbling the economy beyond the point from which a speedy recovery can be made. Today’s announcement that Government borrowing has exceeded GDP, the first time since 1963, has only compounded the pressure.

For employers, with the obvious exception of income and cashflow, the overriding issue is managing the return of workers. Some employees haven’t worked for the entire duration of lockdown, and whilst you might expect many to be chomping at the bit to get back to work, there are others who, for various reasons are less enthusiastic.

Working from home should still be the default position where possible but of course that’s simply impossible for most manual jobs and retail which was allowed back this week. As other sectors return, particularly where customer interaction is involved, we may see more examples of resistance to return to work.

The main reasons that we are coming across for not wanting to come back to work are:

Care – This is largely down to childcare as the return of schools remains uncertain. There may still be an option to furlough employees who are struggling to find childcare, especially where the usual solution would have been a grandparent who is now shielding. Otherwise it’s unpaid parental or dependants leave.

Shielding – If the employee is shielding because they are recognised as being in a vulnerable group then they should be either furloughed, on SSP or unpaid leave. Government guidance has always been that there are no special considerations for anyone living with someone who is shielding so that’s not a reason to stay away from work. In this case unpaid leave is appropriate or even disciplinary action.

Anxiety – Covid-19 remains a threat and we must all stay alert so it’s reasonable that people will feel anxious about potentially exposing themselves to the virus by coming back to work, or even whilst travelling to the place of work. Provided you have carried out your due diligence including workplace and individual risk assessments, this shouldn’t be an argument. You could offer some people lower risk work if it’s available but remember you should be treating everyone equally.

Loving the Furlough life – There will be those that have become accustomed to an easy life and prizing them away to come back to work may prove quite a challenge. Remember that if you have work for staff members to do then it’s okay for you to ask them to come back and do that work. You don’t have to keep them furloughed because that’s what they want. You would be within your rights to withhold pay and probably pursue a disciplinary line if employees continually failed to engage.

In managing employees back to work there isn’t a one size fits all. We’re finding that the situations behind employees not wanting to return can be quite complex and nuanced. Our best advice is to speak to us if you experience any of the above issues yourself. If you need any support please call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

Announcements of job losses have been coming in thick and fast this week, and from some significant UK employers. Names such as Centrica and Bombardier have added their names to those to have already announced swathes of redundancies.

Early announcements of redundancies came largely from the airline industry as international travel ground almost to a standstill as the virus took hold. The effect of businesses such as Virgin Atlantic, Easyjet and Ryanair shedding staff soon affected others down the supply chain including Rolls Royce and BP.

Even as businesses begin to return to work, including a very gradual resumption in the hospitality sector, we can’t deny that such a big dent in the UK workforce will have a dramatic effect on the UK economy. Less of us will have less disposable income as the Government makes adjustments to recoup the cost of the Coronavirus Job Retention Scheme.

Indeed, People Management magazine has this week suggested that as many as one employer in four would be making some permanent redundancies that they attribute to Covid-19.

In our experience, making the decision to cut staff is a gut-wrenching choice for any business owner or senior manager. Nobody wants to put people out of work, however the survival of the business must come first in order to maintain jobs that can be sustained and hopefully put the business in a position from which it can grow stronger again and rebuild.

If and when the time comes to make redundancies, it’s imperative that the process is carried out transparently and equitably; obviously for legal reasons, but also for the welfare and mental health of all concerned. Sitting either side of the redundancy table is always going to be a stressful experience, particularly when the job losses have come about from no act of wrongdoing or poor management.

In all redundancy situations, the key point to remember is that it is positions that are made redundant and not people. Therefore, where a position is identified as being redundant and more than one person is currently employed who can fulfil it, operating a fair selection process is paramount in conjunction with the appropriate consultation period for the numbers being made redundant.

We recommend employees are scored against a ‘selection matrix’ that awards points for each requirement of the position including skills, qualifications, track record and experience. The scoring could include minus points for poor attendance and any disciplinary history. The lowest scores are those who are dismissed.

It’s probably a good time to re-visit this list of key points that we have published previously. These are only to help you steer clear of some of the pitfalls however. If a restructure looks like it’s on the cards, you should speak to us for specific and detailed support.

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

We’re expecting a lot of enquiries for redundancy support over the coming weeks and months so we’re in the process of compiling a number of support packages to help employers through these difficult times.
If you need any support in the meantime please call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

Chancellor Rishi Sunak last week confirmed the details of how the Coronavirus Job Retention Scheme (CJRS), also known as the furlough scheme, will gradually be wound down over the coming months, closing at the end of October.

Whilst the scheme has obviously been a lifeline for many businesses and individuals, with over 7 million employees effectively having most of their wages paid by the Government, it’s clearly not sustainable indefinitely. From next week, we will start to see the effects of changes to the scheme that will include contributions to employees’ furlough pay by their employers.

Despite the CJRS, we are increasingly hearing businesses making redundancy announcements or forecasting job losses. As employers are required to contribute to furlough pay, albeit relatively modestly to begin with, we are sure to see the number of job losses increase as even a small amount of pay may be too much for some businesses to bear.

Here we set out the winding up of the CJRS in a timeline of events:

10 June: Next Wednesday. The last day that employers put employees on the furlough scheme for the first time. The scheme will close to new entrants on the 30th June. Because there is a minimum 3 week furlough period this will be the last day that, in the Government’s words, an employer can furlough an employee for the first time. This is slightly grey but we think that it means anyone who has been furloughed since the induction of the furlough scheme can be furloughed again after June 30.

1 July: Flexible furlough begins. From 1st July, employers can bring employees back to work who have previously been furloughed for any amount of time and any shift pattern. They’ll still be able to claim CJRS grant for their employees’ normal hours not worked. Any working hours arrangement that you agree with your employee must cover at least one week and be confirmed to the employee in writing.

1 August: Employers will have to pay NIC’s and pension contributions of furloughed employees. In other words they will no longer be able to reclaim them through the CJRS.

1 September: The government will pay 70% of wages of furloughed workers up to a cap of £2,187.50 pro-rata’d for the hours the employee does not work. Employers will pay ER NICs and pension contributions and 10% of wages to make up 80% total up to a cap of £2,500. Our interpretation is that if employers cannot meet these payments, they will not be able to keep staff on the furlough scheme and may need to consider lay-off or redundancy.

1 October: The government will pay 60% of wages up to a cap of £1,875 pro-rata’d for the hours the employee does not work. Employers will pay ER NICs and pension contributions and 20% of wages to make up 80% total up to a cap of £2,500 and again we think these contributions will be compulsory in order to keep employees on furlough.

31 October: Furlough scheme ends.

We should note that this timeline seems to have been put in place without any correlation with what we are seeing regarding the easing of lockdown restrictions. Whilst we would hope that Government departments talk to one another, we haven’t heard anything about a contingency plan should there be a second spike in infections or other problems.

One thing we have learned about the Government during this crisis however is that they can move quickly when they want to so should the worse happen, we would hope that some sort of plan is already being worked on.

There are one or two finer details to iron out regarding the changes to the CJRS, but we’ll be updating our letter templates, available from or COVID-19 toolkit, to reflect the changes including the part-time furlough option, as soon as we have all of the relevant information. In the meantime you can contact us on phone on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

As lockdown is loosened a little further this weekend, we are starting to see more businesses re-open and staff return to the workplace. The Government has released guidance for which businesses are and are not allowed to open and has published guidance for the safety measures that must be put in place for a variety of working environments. You’ll find links to this information and more on the Government Links page of our website under the Covid-19 section. 

As workers return to the workplace we need to remember our duty as employers to provide a safe and acceptable working environment for our employees to carry out their duties. But, as far as Covid-19 is concerned, implementing the Government guidance is just the start.

With such a deadly and transmittable disease to defeat, any relaxation of or failure to uphold the measures that we must put in place could have significant consequences. Not only for staff members catching the virus, but, should the worst happen, there is the potential for a case of corporate manslaughter for negligent directors.

Since the onset of coronavirus, there has been much hype that we are all in this together and that we must all play our part; it’s a good message and remains the case. However, once we are back in the workplace, there will be some responsibilities that will need to be “owned” to ensure that the measures we have initiated are upheld.

Just as we expect other health and safety procedures to be adhered to in normal operations, so should we expect the same of those put in place to manage coronavirus risks. If a builder turned up to work on site without a hard hat, he or she wouldn’t be allowed to work; and it would be the site manager’s job to enforce this. We must take the same attitude with our coronavirus safety.

As you undertake risk assessments and take steps within your business, consider your chain of responsibility and accountability. Individuals will be responsible for their own actions, but it may be someone higher up the chain of command that allows a standard to drop or let’s someone “get away with it” every now and then. There can be no excuses and as you implement measures you should also make it clear what the consequences for failing to adhere to them will be, probably disciplinary action.

We have mentioned in the past that Section 44 of the Employment Rights Act 1996 act allows employees to question the safety of the workplace and keep themselves removed from it if they deem that it puts them in danger. Stringent following of the Government guidelines will negate this but, again, only is they are fully and consistently enforced.

Finally, let’s also remember that the overriding Government guidance remains that if you are able to work from home then you should continue to do. Some employers might prefer to have staff where they can keep an eye on them but instructing staff to come back to work where it cannot be fully justified might be considered as skating on thin ice. Furthermore, should a mini outbreak occur forcing the place of work to be locked-down for even longer, any financial gain in having people back at work will be immediately reversed.

Planning a return to the workplace: is it essential, is it safe, is it mutually agreed? If the work can be done at home and the employee can work from home, the Government guidance is clear the employee should continue to work from home for the foreseeable future.

If the employee needs to return to work as the above isn’t possible then we recommend that a return to the work/workplace assessment is undertaken. If you would like access to these documents please contact us.

We’re continuing to offer advice about all aspects of HR and Employment Law, including those affected by Covid-19. Call us for more information on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

How holidays should be managed for employees who are on furlough has remained a subject of confusion pretty much since the outset of the Coronavirus Job Retention Scheme. Without publishing clear guidance, the Government added to the uncertainty by proposing new legislation that enables employees to carry over unused holiday for the next two years.

We have always been confident that this move was specifically to make sure that those who had been unable to take their holiday during the Covid-19 pandemic would not lose it. Specifically, in essential occupations like Doctors, nurses and other key workers whose continued attendance at work has enabled the rest of us to still receive the vital goods and services we need. It was never intended for furloughed workers.

One of the early worries for some employers was that furloughed workers would return to work at some stage and promptly all request holiday at the same time meaning no-one would be at work and the company would not be generating money to pay holiday pay.

We’re pleased to say this needn’t be the case.

Holiday entitlement remains a statutory right so it is not a subject that we should take lightly. However there are rules and regulations already in place that mean we can take an approach to managing the holiday entitlement of furloughed workers that is fair and equitable.

Here are some key principles:

• Employers can, with adequate notice, instruct employees when to take holiday leave
• Employees can be on holiday simultaneously to being furloughed
• Holiday continues to be accrued during furlough
• Holiday should provide a time of rest and recuperation away from work

So, if your employees are furloughed, you are able to tell them to take their holiday during this time. You need to give notice that equates to twice the length of the holiday period; so for a week’s holiday you need to give two weeks’ notice, but that should be easy to achieve in the current circumstances. If you used our furloughed workers designation letter, there is a clause that covers this point.

As furloughed workers are not allowed to undertake work for their employer then it’s fair to say that they can use the time to enjoy rest and relaxation, even if they choose to decorate the house.

A key point however is that any holiday taken must be paid at 100% of the employee’s normal rate of pay rather than the 80% furlough rate. We know many employers are topping up pay anyway, but for those who are not, this is likely to play a significant part when any day of reckoning comes. You will struggle to argue that you enforced holiday to be taken if you haven’t paid for those days at the employee’s full rate of pay.

Note that this rule applies to Bank Holidays too. We are about to enjoy our fourth bank holiday since the CJRS was implemented, so that’s four days you should be paying furloughed workers at their full rate of pay. Failure to do so may result in workers expecting to have maintained those days as holiday.

This covers the main points but we know there are sure to be more specific and nuanced questions that many of you have regarding holiday during furlough. For that we’re available as usual on 01452 331331 or by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it.

As we begin a new month under lockdown, the economic future remains shrouded in uncertainty. There are some glimmers of an easing of restrictions in the not too distant future, and we have seen other countries begin to relax controls and allow a cautious return to work for some sectors. Avoiding a second spike in COVID-19 cases whilst enabling some sort of economic recovery has become the new dilemma.

As businesses come gradually out of hibernation over the coming months, we are likely to witness the formation of a totally new economic landscape. As business owners, leaders and managers, we can either simply observe and try to adapt; Or we can make decisions and take action that will influence exactly how that landscape takes shape and what will become the new “normal”.

Many businesses have had an adaptation to digital technology forced upon them by the coronavirus restrictions; largely affecting how they communicate or where employees work from. Even if you don’t think your own business model has been affected, consider how your customers may have been disrupted and their customers further down the supply chain.

By recognising early on and predicting where changes may need to be made instead of playing the reactionary game and waiting to see what happens, we can be ahead of the curve and shape the future instead of having to mould into it.

As you think about the changes you’ll need to make, be creative. Just consider how close we are to seeing driver-less cars on our roads or having our Saturday night take-away delivered by drone.

You may have to re-skill some of your staff; maybe all of them. In addition to working with new technologies, you should consider how your team will deal with the changes generally and provide support so that you apply the correct management practices and maintain your advantage.

Remember that our own Leadership training is available online (we’ve already made that change), funded for SMEs in Worcestershire, Bristol and Wiltshire and at a reduced price for other areas. It includes modules that will help with change management as well as collaborative working and we have options for all levels.

There may be some difficult decisions to make too; and with them some challenging conversations. For some, online conferencing software might make this easier to deliver but it will probably have a negative impact on the person on the receiving end. A face-to-face meeting in person will always be the best option, observing guidelines on social distancing of course.

Finally, remember your duty of care to employees. Whilst you look forward to a brave new world there will be those who are less able to face change and the challenges it presents. Furlough will be a stressful situation for many, compounded by uncertainty. The loss of the regular routine of work will possibly have an effect on mental health and even though your staff are at home and being paid, you still have responsibilities over their wellbeing.

We’re running FREE wellbeing sessions for furloughed workers and employees who are still working, delivered via Zoom. Your employees are welcome to attend although we do have a limit of 100 attendees so it will be first come-first served. Go here for the details.

In the meantime, for further help and support in the management of your future business, please call us as usual on 01452 331331 or e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it.

Please contact us for future dates for this course.

Who should attend this four day course?

This course is perfect for the first time manager and team leaders. It will provide an excellent understanding of the essentials for those who oversee day to day operations within the business. 

Why should you attend?

Managing others to deliver the business goals and objectives requires a set of skills that cannot be substituted by enthusiasm and dedication. This four-day course provides the essential management skills and know-how for employees stepping up and transitioning to a Team Leader or supervisory role. It will impart tried and tested managerial practices and recognised techniques to enable your new Team Leader to get the most from their team. Accredited by the ILM, delegates will achieve a a widely recognised qualification upon which they
can build and progress.

Next Course Dates: 29th April, 27th May, 24th June & 15th July 2025

Who should attend this four day course?

This course is perfect for aspiring as well as established line managers to receive an understanding of the essentials of line management. It provides development on the fundamentals of what it takes to be an effective line manager. 

Why should you attend?

Effective Line Managers are able to maximise their team’s performance by recognising individual team member’s capability for any given task and applying appropriate management techniques.  This four-day course will provide managers with the skills and know-how to develop their own high performing team and who can confidently deliver the organisational objectives. ILM accredited, this is an engaging and participative course that encourages group debate and discussion. Line managers can share and listen to experiences of best people management practice. To obtain the Certificate, delegates are required to attend each day andsubmit assignments following each day of learning.

Next Course Dates: 30th April, 14th & 28th May, 11th June 

Who should attend this four day course?

This course is perfect for line managers and aspiring senior managers. The vital training will bring an element of self awareness to the leader and aid them to better understand how to get the best out of the team. 

Why should you attend?

This four-day ILM course is designed to support those in senior positions consolidate their leadership experience and care for the team’s wellbeing whilst managing business objectives. This course is also aimed at aspiring senior managers who want to be successful in their next endeavour. How can a manager ensure that the business needs as well as the employee’s emotional and mental health are cared for whilst they are juggling clients and projects? Well, on this ILM course, the senior manager will learn key skills to do just that. To obtain the Certificate, delegates are required to submit an assignment following each day of learning. 

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.