Furlough & Discrimination


Employment Law Partner

Thu 14 May 2020 Furlough & Discrimination

Good news this week as the Chancellor announced the furlough scheme for businesses affected by the coronavirus pandemic will continue until October. Rishi Sunak left open the possibility of employers contributing to the costs of the scheme as we move into the summer, with hints being dropped that the percentage of furlough money coming from central Government will taper away, with the employer contributing progressively more.

Employers should also take heed of advice from our Employment Partner, Luke Hutchings, on claims employees might bring because they were not placed on furlough. 

Luke says “obviously at the moment large parts of the economy are effectively closed, and staff employed by businesses such as bars and nightclubs will not have any work. It has come to our attention that some employers are picking and choosing which staff are being offered furlough status, with some being told they should leave and find work elsewhere.”

Luke warns employers that if they select “preferred” employees for furlough status, and the “preferred” employees are, for instance, female, or younger, this could well be discriminatory and in breach of the Equality Act 2010.

Our advice is that employers should put employees on furlough when and if they meet the Government’s criteria, and if there is a business need. Making choices as between employees based on their supposed qualities or attractiveness to the business, rather than looking at the underlying roles performed, could be very risky and lead to Tribunal claims as furlough discrimination.

If you have any questions about furlough discrimination please contact our Employment Law Team in Peterborough and London (Moorgate)Luke Hutchings can be reached via our central switchboard, 01733 333333.



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