May 2020 | Employment Law Services (ELS) LTD

Chancellor announces more details about extension to the Furlough Scheme

Posted on 30 May 20207 June 2023 by @deliver_els

Yesterday (29‌‌ May) the Chancellor announced more details about the extension to the Coronavirus Job Retention Scheme (CJRS), the key details being as follows:

Chancellor announces more details about extension to the Furlough Scheme

Flexible furloughing

From 1‌‌ July 2020, Employers have the flexibility to bring previously furloughed employees back to work part-time – with the government continuing to pay 80% of wages for any of their normal hours they do not work up until the end of August. This flexibility comes a month earlier than previously announced to help people get back to work.

Employers can decide the hours and shift patterns that your employees will work on their return and will be responsible for paying their wages in full while working. This means that employees can work as much or as little as your business needs, with no minimum time that Employers can furlough staff for.

Any working hours arrangement that Employees agree with their employee must cover at least one week and be confirmed to the employee in writing. When claiming the CJRS grant for furloughed hours, Employers will need to report and claim for a minimum period of a week. They can choose to make claims for longer periods such as on monthly or two weekly cycles if they prefer. Employers will be required to submit data on the usual hours an employee would be expected to work in a claim period and actual hours worked.

If your employees are unable to return to work, or you do not have work for them to do, they can remain on furlough and you can continue to claim the grant for their full hours under the existing rules.

Employer contributions

From August, the government grant provided through the job retention scheme will be slowly tapered.

in June and July, the government will pay 80% of wages up to a cap of £2,500 as well as employer National Insurance (ER NICs) and pension contributions for the hours the employee doesn’t work – employers will have to pay employees for the hours they work.

in August, the government will continue to pay 80% of wages up to a cap of £2,500 but employers will pay ER NICs and pension contributions – for the average claim, this represents 5% of the gross employment costs that they would have incurred if the employee had not been furloughed.

in September, the government will pay 70% of wages up to a cap of £2,187.50 for the hours the employee does not work – employers will pay ER NICs, pension contributions and 10% of wages to make up 80% of the total up to a cap of £2,500.

in October, the government will pay 60% of wages up to a cap of £1,875 for the hours the employee does not work – employers will pay ER NICs, pension contributions and 20% of wages to make up 80% of the total up to a cap of £2,500.

the cap on the furlough grant will be proportional to the hours not worked.

If you are a smaller employer, some or all of your employer NIC bills will be covered by the Employment Allowance, so you should not be significantly impacted by that part of the tapering of the government contribution.

Self-Employed Grant Scheme Extended

In addition, the Chancellor also announced the self-employed grant is being extended, with applications opening in August for a second and final grant. There will be parity with the reducing furlough scheme, paying 70% (not 80%) of average earnings up to £6,750/

Important dates for Employers

It’s important to note that the scheme will close to new entrants from 30‌‌ June. From this point onwards, Employers will only be able to furlough employees that they have furloughed for a full three-week period prior to 30‌‌ June.

This means that the final date that Employers can furlough an employee for the first time will be 10‌‌ June for the current three-week furlough period to be completed by 30‌‌ June. Employers will have until 31‌‌ July to make any claims in respect of the period to 30‌‌ June.

At the date of this announcement we are still awaiting updates to the Treasury Direction and the Employer’s Guidance and therefore this information provided by the Chancellor in his press conference should be taken with a degree of caution until the full details are published, but these headline points announced should enable Employers to start planning for the coming weeks and months.

Ending Furlough

With this additional clarity form the UK government and lockdown restrictions easing across the UK, many employers will want to start planning what a return to work from furlough might look like. To assist Employers, we have added a new section to our COVID-19 Furlough FAQs – RETURNING TO WORK FROM FURLOUGH and further guidance on our blog.

https://employmentlawservices.com/ending-furlough-what-employers-need-to-know/

Support for Employers

If you are an Employer and require advice and support on the various steps you need to take to end furlough correctly, call us now on 0800 612 4772 or Contact us via our website and we will set out a clear, step by step plan you can follow to to help ensure you comply with your legal obligations.

Ending Furlough | What Employers Need to Know

Posted on 21 May 20208 June 2023 by @deliver_els

With lockdown measures already relaxed in England, Wales and Northern Ireland, and Scotland due to announce its plan to come out of lockdown on Thursday 21 May 2020, many Employers are starting to plan for ending furlough, but what steps do Employers need to take?

What Employers Need to Know

Before ending furlough Employers will first need to undertake a risk assessment to ascertain what changes in work practices might be necessary to comply with new health and safety requirements. Where changes to work practices are necessary to comply with health and safety requirements, Employers will need to consult with the affected employees.

Employees not in groups represented by a trade union must be provided with information and consulted under the Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513) (Consultation with Employees Regulations), either through elected representatives or directly.

With the furlough scheme being extended to the end of October 2020, Employers now have more time to assess their staffing requirements and determine when they may wish to end furlough and how this might look operationally. Ending furlough will look different for each employer; some will expect employees to return to their place of work when furlough ends whereas others may introduce home working initially and adopt a phased approach for employees returning to the workplace.

Whether the employer can dictate the end of furlough will depend on what has been explicitly or implicitly agreed between the parties. However, the absence of an explicit right to bring furlough to an end and require employees to return to work is unlikely to be an issue in most cases because employees are likely to be in receipt of less pay while they are furloughed and may be eager to return to work given the difficulties in securing alternative employment while the COVID-19 crisis continues.

An employer should give any required period of notice specified in the furlough agreement. If no period of notice was specified, the employer should aim to give reasonable notice, depending on the particular circumstances of both the employer and the employee.

The Acas guidance states that there is no minimum period for furlough, but employers should talk to staff about any plans to end furlough as early as possible and encourage staff to raise any concerns or problems about returning to work. Employees and workers should be ready to return to work at short notice, but employers should be flexible where possible.

Support for Employers

Coronavirus Statutory Sick Pay Scheme

Posted on 19 May 20207 June 2023 by @deliver_els

The coronavirus Statutory Sick Pay Scheme launches online on 26 May 2020, which will enable employers with less than 250 employees, or tax agents acting on behalf of employers, to claim back coronavirus-related Statutory Sick Pay.

Employers are eligible to use the scheme if:

they’re claiming for an employee who’s eligible for sick pay due to coronavirus
they had a PAYE payroll scheme in operation before 28 February 2020
they had fewer than 250 employees across all PAYE schemes on 28 February 2020
they’re eligible to receive State Aid under the EU Commission Temporary Framework.

The repayment will cover up to two weeks of the applicable rate of SSP, and is payable if a current or former employee was unable to work on or after 13 March 2020 and entitled to SSP, because they either:

have coronavirus
are self-isolating and unable to work from home
are shielding because they’ve been advised that they’re at high risk of severe illness from coronavirus.

For more information about eligibility and how employers can prepare to use the scheme, Employers can visit GOV.UK and search ‘Check if you can claim back Statutory Sick Pay paid to employees due to coronavirus (COVID-19)‘.

Support for Employers

If you are an employer and require advice and support on any employment related matter, COVID-19 or otherwise, call us now on 0800 612 4772 or Contact us via our website.

Furlough Scheme Extended to October 2020

Posted on 12 May 20208 June 2023 by @deliver_els

The Chancellor Rishi Sunak has today announced the Coronavirus Job Retention Scheme (CJRS) will be extended for four months, until the end of October 2020 but in doing so, he said he will ask companies to start sharing the cost of the scheme from August 2020.

Furlough Scheme Extended to October 2020

Until the end of July, there are no changes, which will be warmly welcomed by the devolved administrations of Scotland, Wales and Northern Ireland who, unlike England, have not yet decided not to relax lockdown restrictions.

Although the scheme will continue for all sectors and regions until October, the Chancellor announced that from August to October 2020, the scheme will continue on the basis furloughed employees can be brought back part-time.

Full details will be published by the end of May.

With this additional clarity form the UK government, now is the ideal time for employers to start planning what a return from furlough might look like. To assist Employers, we have added a new section to our COVID-19 Furlough FAQs – RETURNING TO WORK FROM FURLOUGH.

Support for Employers

If you are an employer and require advice and support on any employment related matter, COVID-19 or otherwise, call us now on 0800 612 4772 or Contact us via our website.

Disciplinary & Grievance Procedures During COVID-19 Lockdown

Posted on 7 May 20207 June 2023 by @deliver_els

In early May 2020, Acas published Disciplinary and grievance procedures during the coronavirus pandemic which states that existing employment law and the Acas Code of Practice on Disciplinary and Grievance Procedures (the Acas Code) continue to apply during the COVID-19 pandemic.

Disciplinary & Grievance Procedures During COVID-19 Lockdown

The guidance notes that it is for an employer to decide if it would be fair and reasonable to carry on with, or start, a disciplinary or grievance procedure while an employee is furloughed, social distancing and other public health guidelines are being followed, or an employee is working from home. It suggests some practical measures that employers can take, depending on whether a workplace is open or not.

The guidance states that a furloughed employee can take part in a disciplinary or grievance investigation or hearing however, the participation must be voluntary (an individual must be “doing it out of their own choice”) and take place in accordance with current public health guidance.

Employers Must Proceed Cautiously

It is unclear how the Acas guidance should be read alongside the HMRC guidance and the Treasury direction, which require employees to cease all work in relation to their employment during furlough. Arguably, acting as a meeting chairperson, notetaker or even a witness could amount to “work” for the purposes of paragraph 6.1 of the Treasury direction and is providing a service for the employer contrary to the Employers’ CJRS guidance. Accordingly, following the Acas guidance could mean that an employer is unable to claim for reimbursement of an employee’s wages under the CJRS.

In practice, similar principles will apply to those that are relevant when an employee is on sick leave.

We provide detailed guidance in our Furlough Scheme FAQ’s, in the “Activities During Furlough” section.

Support for Employers

If you are an employer and require advice and support on any employment related matter, COVID-19 or otherwise, call us now on 0800 612 4772 or Contact us via our website.

Furlough Scheme: An Important Change to Eligibility for TUPE Transferees

Posted on 4 May 20208 June 2023 by @deliver_els

On 30 April 2020, HMRC published another updated version of its guidance on the Coronavirus Job Retention Scheme which will directly affect the ability of employers who inherited employees through the operation of a TUPE transfer between 28 February and 19 March 2020.

Furlough Scheme: An Important Change to Eligibility for TUPE Transferees

Under the current version of the Employers’ CJRS guidance , an employer can claim under the CJRS in respect of employees who TUPE transferred after 28 February 2020. However, between 15 April and 30 April 2020, the guidance was updated to state that an employer who inherited employees through the operation of a TUPE transfer prior to 19 March 2020 would be in the same position as any other employer in terms of eligibility.

That change put employers who inherited employees close to the 19 March eligibility cut-off at a disadvantage because eligibility under the CJRS is subject to the existence of an RTI submission notified to HMRC on or before 19 March 2020. If the inherited employees’ pay was processed for the first time in the March payroll towards the end of the month, which may have been the case where, for example, there was a TUPE transfer during early March, then the cut-off date for an RTI submission of 19 March 2020 may not be met, effectively creating a ‘black hole’ for employees who TUPE transferred between 28 February and 19 March and who weren’t notified to HMRC on an RTI submission before 19 March 2020.

Welcome Furlough News for TUPE Transferees

On 30 April 2020, the Employers’ CJRS guidance was updated to change the relevant date for TUPE transfers from 19 March 2020 back to 28 February 2020 (the date given in the guidance until it was updated on 15 April 2020 to refer to 19 March 2020).

The terms of the Treasury’s Direction, paragraphs 9.1 to 9.3 which still refer to 19 March 2020 as the relevant date, will also need to be amended to give legal force to this change but given the updated guidance for employers on checking eligibility to claim now states that “a new employer is eligible to claim under the CJRS in respect of the employees of a previous business transferred after 28 February 2020 if either the TUPE or PAYE business succession rules apply to the change in ownership.” this should now be a formality.

Support for Employers

If you are an employer and require advice and support on any employment related matter, COVID-19 or otherwise, call us now on 0800 612 4772 or Contact us via our website.