Following on from the new Acas guidance on involvement in grievance and disciplinary meetings while on furlough comes the logical next question – where there are ongoing legal proceedings (we shall assume in the Employment Tribunal, but it could be anything), is an employee on furlough able to assist? Or will he thereby be deemed to be working for or providing services for his employer, neither of which he is allowed to do? If you need one of your employees to prepare a witness statement, provide comments on a pleading (yours or the other side’s) or look out relevant documentation, will that require you to take him off furlough and potentially prejudice three weeks’ worth of your Job Retention Scheme support entitlement for him? Based on the Acas guidance (but bearing in mind that it is not law and may or may not have been written in conjunction with HMRC) the logical answer to this must obviously be that it all depends. If you as the furloughed employ...
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