In a TUPE transfer situation, will the new company need to re-apply for Furlough or does it just continue?
- My view is that there would be no need to re-apply as the employment (and any furlough) had simply continued.
- However, the scheme does not, in the first instance, involve the employer making an application, but rather it requires the employer to write to the employee confirming an agreement (it needs to be agreed with the employee) that the employee will be placed in furlough. This will already have been done by oldco
- However, where employees have effectively transferred to newco, there is nothing stopping the newco seeking to agree and confirm with such employees that their furlough period will continue for a further period. (4) At this stage, the procedure for actually applying to the government for payment is not in place, and is unlikely to be in place until the end of April.
More Information
- Does accepting a new job offer before the date of redundancy prevent a director making a claim for redundancy to the RPS?
- In Admin/CVL does Furlough continue from oldco to newco?
- Business Impact
- Can a company force employees to take holiday during furlough leave ?
- Can a director who acts as an employee and is on PAYE be furloughed?
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