Can I ask my employees to stay away from home overnight during the national lockdown?

The duty is to inform and consult appropriate representatives of the “affected employees”.

Note that the term “affected employees” means those who may be “affected by the proposed dismissals or who may be affected by measures taken in connection with those dismissals”. The term extends beyond those immediately at risk of dismissal to include those affected by measures associated with the redundancies.

“Appropriate representatives” can be:

• The Trade Union (if recognised)
• (For any roles not covered by collective recognition) any existing standing body of elected or appointed employee representatives (if already in place)
• Employee representatives, who are elected specifically for redundancy consultation

Yes, they can continue to undertake duties or activities for representative purposes. This includes individual or collective representation of their colleagues. They must not carry out any actual work or generate revenue for their employer or a linked or associated organisation.

Although an employer is obliged to conduct consultation “with a view to reaching an agreement”, it is not required to actually agree to any counter proposals made by the employee representatives. Merely to consider them in good faith.

The recommendation is every 3 years, however it is recommended that MHFAs receive regular ongoing training and support.

Yes. You should be able to furlough a suspended employee subject to all other eligibility requirements however we recommend that you take advice on this before doing so.