Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, whether he has made an assessment of the potential merits of introducing a furlough appeals process for employees to challenge the decision of their employer.

The Coronavirus Job Retention Scheme is designed to help employers whose operations have been severely affected by coronavirus (COVID-19) to retain their employees and protect the UK economy. The scheme is not an employment right and it is up to the employer to decide who to furlough.

However, employers should discuss furlough with their staff and make any changes to their employment contract by agreement. When employers make decisions in relation to the process – including deciding who to offer furlough to – equality and discrimination laws will apply in the usual way.

Where employees believe employment law has been broken, they should first contact the Advisory, Conciliation and Arbitration Service (Acas). Acas provides free and impartial information and advice to individuals on all aspects of workplace relations and employment law. If the issue cannot be resolved through Acas’ conciliation services, employees can make a claim to an employment tribunal.