Request a Callback

| Business Law - Covid-19 Legal Advice - Employment Law - Latest News

Covid-19 & Furloughling Company Directors

So, most directors who actually work in their own company have a special role in that they not only work to generate income for it but also have their unique responsibilities to promote the interests of the company and make sure it acts at all times lawfully. These are all part of the “Statutory Duties” which Danielle mentioned (there are in fact many such duties which we don’t have time to go into here).

As such there is a distinction between these two roles which often (usually) in practice gets  blurred.

So, as Danielle mentioned that these “Statutory Duties” are excluded from the prohibition against working when furloughed

The Companies Act 2006 (from where these “statutory duties” come from) is specific on this in that it says a director has got a duty “to promote the success of the company” as well as to ensure it acts at all times lawfully. From a practical point of view this means that a director should quite properly keep a watching brief on the company while they are furloughed, including staying in touch with suppliers, customers and employees to make sure that the reputation, business connection and ultimately its ability to be successful is preserved. When you think about it in this context this is obvious in that the directors will need to make a decision as to when they and their employees should be taken off furlough and to ensure that there is work for them to go back to. This is very different to a director actually working and generating income. There is however an obvious grey area – where does the line between winning work and fee generation actually get drawn?

They also need to ensure that the Company’s other (numerous) legal obligations are fulfilled such as ensuring that health and safety is preserved, creditors interests are protected as well as the more mundane work such as filing accounts. None of this relates to generating fees for the business; but does relate to the lawful and proper running of the company.

A common sense approach needs to be taken within the overarching purpose behind the Coronavirus Job Retention Scheme, which is to preserve jobs. It is likely that the benefit of the doubt will be given to a director unless there is a clear and obvious attempt to abuse the scheme. The reality is that we are in uncharted territory here and so long as directors act with common sense and in good faith and they are unlikely to go wrong.

If you would like help making these decisions, please do not hesitate to contact our Commercial or Employment Team on 01623468468 or fill out the enquiry form below.

Please note: This information was accurate at the time of publication, these new laws and support schemes are ever-changing during this time, so please contact us to confirm if the guidance above is still valid. 
Request a Callback

Related Articles

  1. Are you a law firm that is thinking about no longer handling personal injury claims?

    Are you a law firm that is thinking about no longer handling personal injury claims?

    Maybe you’ve had key staff in your personal injury department recently retire (or thinking of retiring) and you aren’t looking…

  2. Hopkins Solicitors expands their legal support into Derbyshire

    Hopkins Solicitors expands their legal support into Derbyshire

    Hopkins Solicitors Ltd, is pleased to announce the acquisition of Miles & Cash Solicitors, which took place on the 20/12/2023….

  3. A Premier Commitment to HR

    A Premier Commitment to HR

    Premier Community, whose HQ is based at Lancaster House on Millenium Business Park, has been caring for the people of…

Accept Cookies

We use cookies to personalise content, provide social media features and to analyse our traffic. We also share information about your use of our site with our social media and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. By using this website, you agree to the use of cookies as stipulated in our privacy policy.

Accept Cookies
;