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This document provides a written agreement on the terms and conditions of Furloughed Leave between an employer and an employee where an employee needs to be placed on furlough as a result of the Coronavirus/COVID-19 pandemic. It can be adjusted to fit the needs of individual employers.
The document will provide the employee with all the information they need to understand if they are entitled to pay, if the employer will be applying to the Coronavirus Job Retention Scheme, requirements to use holidays and benefits, and clearly details other key issues such as the length of the furloughed leave and if they can work for other employers.
Please note that there is no legal obligation for an employer to provide an employee with a written statement of terms surrounding any furloughed leave that an employee is forced to take. However, it is good practice to have the particulars of such leave in written form to ensure that both employer and employee know their respective positions from the outset.
How to use this document
This document should be read and understood fully by both parties to the agreement before it is signed by them. The signing of the employer and the employee should also be witnessed by an individual who is not a party to the agreement. Both parties should sign two copies of the agreement with one being kept for their own records and the other being provided to the opposite party.
Employers may wish to generally be aware of: Equality Act 2010, Employment Rights Act 1996, Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, Information and Consultation of Employees Regulations 2004, Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 and the Pensions Act 2008.
Coronavirus Act 2020
The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020
The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020
The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020
The Health Protection (Coronavirus, Restrictions) (Northern Ireland) Regulations 2020
Employers around the UK should be aware of ACAS Guidance on Coronavirus (COVID-19): advice for employers and employees.
Employers in England should be aware of: Guidance for employers and businesses on coronavirus (COVID-19); Guidance for schools; childcare providers, colleges and local authorities; and COVID-19: Guidance for employees.
Employers in Scotland should be aware of: Guidance in related to Key Workers; Coronavirus (COVID-19): school closure guidance for key workers; Coronavirus advice for businesses in Scotland; Protecting Workers during coronavirus outbreak; Coronavirus (COVID-19): fair work statement; and Coronavirus (COVID-19): business and social distancing guidance.
Employers in Wales should be aware of: Coronavirus (COVID-19): employers and businesses guidance, Coronavirus (COVID-19): closure of businesses and premises, and The Health Protection (Coronavirus, Business Closure) (Wales) Regulations 2020.
Employers in Northern Ireland should be aware of: Coronavirus (COVID-19): business and employers; Coronavirus (COVID-19): essential businesses and services; and Coronavirus (COVID-19): Staying at home and self-isolation.
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