My company is still working supplying essential products but their orders have started to drop off . They will keep a skeleton staff on site to service those customers they need to.  I am their health and safety manager and classed as their competent person.  I have been advised that I may be furloughed as I cannot visit the sites I am responsible for as they are scattered across the UK.  They will effectively have no competent person employed.  Is this breaking the law whilst furlough is in place?

As you are employed by a manufacturer it is likely your contract may contain a "lay-off" clause anyway basically permitting the employer to send you home without pay for a period during economic downturn.

There is nothing in UK law demanding a firm MUST have a competent person employed. If it did we would not have the self employed or the small and medium enterprises as they would be unable to afford the costs.

The rationale from your employer - that you are multi site, and being unable to travel means you are prevented from fulfiling contractual obligation is unfortunately quite logical - similar if you wish to loosing a driving licence when you are contractually obliged to hold one.

There is however a flip side to this which is not addressed for those in advisory roles being asked to furlough - whilst it would not be possible to bring a waiter or production line operative in during the close down it is feasible a still operting enterprise may "ring for advice".

Laid off or redundant this is an easy call - your services were not wanted.

Furloughed is likely to be problematic as ideally you would want to say no as the employer deemed your services as being not required for the period however such a negative response may become a black mark when the furlough period ends and other considerations begin.

Edited by user 29 March 2020 11:45:19(UTC)  | Reason: FFS