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Document updated/added on 13.05.2020

Topic: Changing terms & conditions and TUPE

Notice of return to work from furlough
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Notice of return to work from furlough

Notice of return to work from furlough

Where, during the coronavirus pandemic, you require a furloughed employee to return to their normal hours of work with effect from a set date, you can use our letter to arrange this.

Back to work requirement

To help you implement furlough under the government’s Coronavirus Job Retention Scheme, you can use our Letter Seeking Agreement to Furlough. Once the furlough arrangement is in place, if at a later date you’re ready to lift the restrictions and request your employees to resume normal working, you can use our Notice of Return to Work from Furlough. Our letter informs the employee that you can now bring the current period of furlough to an end, and why, and that they can therefore return to their normal hours of work as set out in their contract of employment with effect from the date you set in the letter - give as much notice as you can here, although obviously we know that things can change with very little warning. It’s important to be aware that you’re not requesting the employee to resume normal working - you’re requiring them to do so under the terms of their contract. Thus, if they fail to comply, it could become a potential disciplinary matter, but subject to the position set out below on vulnerable employees. You must also first ensure that, if the employee is returning to their physical workplace because they cannot work from home, you’ve followed the government’s “COVID-19 Secure” guidelines on working safely during coronavirus, including carrying out a COVID-19 risk assessment. This might mean you also need the employee’s consent to temporarily amend their start and finish times, to ensure you can stagger staff arriving at and leaving work.

Reasons for furlough revocation

The main reasons you’re likely to want to revoke furlough are: (1) your business situation has improved; (2) you’ve been allowed by the government to re-open your workplace or resume your business operations; or (3) as you only needed to furlough some staff, you’re rotating employees between work and furlough (subject to the minimum furlough period for each employee being three weeks).

Vulnerable employees

Make sure you aren’t requesting extremely vulnerable “shielding” employees to return to the workplace as that would be directly contrary to their medical advice. They can work from home (if feasible), remain furloughed or can move on to sick leave and receive statutory sick pay (SSP). As for other vulnerable employees, i.e. those who aren’t shielding but are pregnant, aged 70 or over or have certain underlying health conditions:

  • pregnant employees: if, following your risk assessment, you can’t avoid exposure to coronavirus risk by other means on a return to work, offer suitable alternative work on a temporary basis. If no such work is available, or if the employee reasonably refuses it, suspend her from work on full pay for so long as necessary to avoid the risk. If the suspension continues into the fourth week before the expected week of childbirth, this will trigger the start of her maternity leave
  • those aged 70 or over or with certain underlying health conditions: you have a duty under the Health and Safety at Work etc Act 1974 to take reasonably necessary steps to protect their health and safety (the same applies to all employees), so make sure that your risk assessment gauges whether their work environment presents a specific risk of infection for them. If it does, consider allowing them to work from home, take paid annual leave or unpaid leave, or continue with furlough.

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