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Job Retention Scheme

Contents

  • HR for Reopening
  • Employment Law
  • Job Retention Scheme
  • WorldHost 2020 Training - Keeping Customers Safe

Contents

  • HR for Reopening
  • Employment Law
  • Job Retention Scheme
  • WorldHost 2020 Training - Keeping Customers Safe

Job Retention Scheme

It's important to remember that there are options for you as a business at this time.

Following an announcement on 31 October 2020, coronavirus job retention scheme will now be extended as follows:

  • The CJRS is being extended until December. The level of the grant will mirror levels available under the CJRS in August, so the government will pay 80% of wages up to a cap of £2,500 and employers will pay employer National Insurance Contributions (NICs) and pension contributions only for the hours the employee does not work.
  • This extended Job Retention Scheme will operate as the previous scheme did, with businesses being paid upfront to cover wages costs.
  • As under the current CJRS, flexible furloughing will be allowed in addition to full-time furloughing.
  • Further details, including how to claim this extended support through an updated claims service, will be provided shortly.

The Job Support Scheme will be introduced following the end of the CJRS.

For the most up-to-date information for employers on the Job Retention Scheme, see here. 

DOCX

Job Retention Scheme template letter for furloughing staff.docx

FAQs about the Job Retention Scheme - for a downloadable copy, click here.

What is the Job Retention Scheme (JRS) ?

The JRS is a temporary scheme open since 1 March 2020 until at least 30 April 2021 which is designed to support employers severely affected by COVID 19.

Which employers are eligible?

Any UK employer, irrespective of size or sector can apply for eligible employees. An employer must have a UK, Isle of Man or Channel Island bank account and have a PAYE payroll scheme.

Where a company is in administration, the administrator will be able to access the JRS if there is a reasonable likelihood of retaining the workers.

Where an employer receives public funding for staff costs, or to provide services necessary to the response to COVID-19, the employer is not expected to apply for funding under the JRS.

What does it mean to furlough workers under the JRS?

Furloughed status is not a concept that is recognised in existing employment legislation. Current Government Guidance states that an employee is “on furlough” if they remain on the payroll but are not carrying out work for the employer because of COVID 19.

Are all employees covered under the JRS?

The Scheme covers:

  • Full time employees
  • Part time employees
  • Employees on agency contracts
  • Employees on flexible or zero hour contracts
  • Employees made redundant or stopped working for you since 23 September then re-hired as long as the employee was employed by you on September 23 2020 and you made a PAYE RTI submission to HMRC between 20 March 2020 and 30 October 2020, notifying a payment of earnings for that employee.
  • Employees on unpaid leave since 28 February
  • Employees who are clinically extremely vulnerable (at the highest risk of severe illness from coronavirus) and are unable to work from home following public health guidance or ill (but short term illness should not be claimed under the Scheme)
  • Employees who have caring responsibilities (including childcare)

You can claim for employees who were employed on 30 October 2020, as long as you have made a PAYE Real Time Information (RTI) submission to HMRC between 20 March 2020 and 30 October 2020, notifying a payment of earnings for that employee. You do not need to have previously claimed for an employee before the 30 October 2020 to claim for periods from 1 November 2020.

What if there has been a recent TUPE transfer of employees?

A new employer is eligible to claim in respect of the employees of a previous business transferred if the TUPE or PAYE business succession rules apply to the change in ownership. The employees being claimed for should have been employed by their prior employer on or before 30 October 2020 and transferred from them to their new employer on or after 1 September 2020. The employee can have been employed by either their old employer or their new employer on 30 October 2020.

What about employees on fixed term contracts?

Employees on fixed term contracts can be furloughed. Their contracts can be renewed or extended before their natural conclusion during the furlough period without breaking the terms of the scheme. There is no minimum period which must be left to run on a fixed term contract to enable it to be renewed or extended.

If the employee’s fixed term contract has not already expired, it can be extended or renewed. You can put the employee on furlough as long as they were employed by you on or before 30 October 2020. You must have made a PAYE Real Time Information (RTI) submission to HMRC between 20 March 2020 and 30 October 2020, notifying a payment of earnings for that employee.

If the employee’s fixed term contract expired after 23 September, they can be re-employed and claimed for as long as the other relevant eligibility criteria are met.

How do you furlough an employee?

HMRC guidance states that to be eligible for the grant employers must confirm in writing (which can be by email) to their employee confirming that they have been furloughed. If this is done in a way that is consistent with employment law, that consent is valid for the purposes of claiming the Scheme. There needs to be a written record, but the employee does not have to provide a written response. New guidance also states that collective agreement reached between the employer and the trade union is also acceptable for the purposes of a claim. A record of this communication must be kept for five years until 30 June 2025.

In the absence of a contractual right to lay off, it would be advisable to obtain consent from employees. The easiest way to do this is by email. To impose furlough status without consent is likely a breach of contract, particularly if the employee’s wage is being reduced as a result.

Do you need to update your furlough agreements for the extended period?

Employers should review their furlough agreements with employees for any periods after 1 November 2020 as they may not be covered for this extended period otherwise. This will require written confirmation from the employer by this date. Remember that HMRC can audit employers and you must retain records for five years. Therefore, employers should review their furlough agreements as soon as possible and make any updates that are required.

Can employees insist on being furloughed?

No, it is a decision for the employer. However, if an employer were to refuse to put an eligible employee on furlough and instead made them redundant arguably this would be an unfair dismissal as there was a clear alternative. However, these arguments are yet to be tested in the Tribunal. Also as employers now need to contribute to cover the costs these arguments may now be harder for an employee to make.

How do you move an employee from furlough to flexible furlough?

If you flexibly furlough employees, you’ll need to agree this with the employee (or reach collective agreement with a trade union) and keep a new written agreement that confirms the new furlough arrangement. You’ll need to:

  • make sure that the agreement is consistent with employment, equality and discrimination laws (please see the “how do you furlough an employee” question above for more information on this.
  • keep a written record of the agreement for five years.
  • keep records of how many hours your employees work and the number of hours they are furloughed (i.e. not working).

You do not need to place all your employees on furlough and you can continue to fully furlough employees if you wish. Employees cannot undertake any work for you during time that you record as them being on furlough.

Is there any limit on how many employees can be furloughed?

There is currently no limit to how many employees can be furloughed.

What can an employer claim under the JRS?

For the period 1 November 2020 to 30 April 2021 the government grant will cover the full 80% of wages. Employers will not be required to contribute or top-up for the hours not worked. You will still need to pay employer National Insurance contributions and employer pension contributions; you cannot claim for these. Discretionary fees, tips, commission and bonuses are excluded as are additional employer pension contributions above the minimum automatic enrolment amount. However, guaranteed contractual commission and fees can be covered. Enhanced maternity, paternity, adoption and shared parental pay can be claimed up to the limits noted above.

What about employees that work regular overtime?

Previous guidance stated that only non-discretionary payments for overtime could be included in a claim under the Scheme. This had created some confusion for employers so HMRC has elaborated to say that if your employee has worked enough overtime (in the tax year 2019 to 2020) to have a significant effect on the amount you need to claim, you should calculate the applicable percentage of their usual wages in the same way as you would for employees who work variable hours (i.e. you can take the higher of what they earned in the corresponding month last year or by taking an average figure).

Examples of situations where overtime could have a significant effect on the claim amount include where the employee worked overtime:

  • in the last pay period ending on or before 19 March 2020
  • in the corresponding calendar period to the period you are claiming for
  • a lot, or often, in the tax year 2019 to 2020

You do not need to amend any previous claims, however if these circumstances apply you may use the calculation for future claims.

What about employees getting maternity allowance while on maternity leave?

If your employee is getting Maternity Allowance while they’re on maternity leave, they should not get furlough pay at the same time. However, your employee can end her maternity leave early to be put on furlough. If your employee agrees to be put on furlough and end their maternity leave early, they will need to give you at least 8 weeks’ notice and they will not be eligible for furlough pay until the end of the 8 weeks.

What about employees whose pay varies?

If your employee has variable pay, how you work out their usual wages depends on when they were on your payroll.

For employees’ who were on your payroll on 19 March 2020, that is you made a payment of earnings to them in the tax year 2019 to 2020 which was reported to HMRC on a Real Time Information (RTI) Full Payment Submission (FPS) on or before 19 March 2020 you should calculate 80% of the higher of:

  • the wages earned in the corresponding calendar period in the tax year 2019 to 2020
  • the average wages payable in the tax year 2019 to 2020

This also applies to employees for whom you made a valid Job Retention Scheme claim in a claim period ending any time on or before 31 October 2020.

For all other employees’ you should calculate 80% of the average wages payable between 6 April 2020 (or, if later, the date the employment started) and the day before they are furloughed on or after 1 November 2020.

If your employee has variable hours you will have completed a similar comparison to work out their usual hours but the outcome may be different.

Can I start by paying full pay to furloughed workers and then reduce this to 80% later?

This is possible and employers are free to agree this with employees.

Is the wage grant subject to income tax and national insurance?

Yes, in the same way as normal pay.

What if 80% of the employee’s wage would be less than minimum wage?

This is fine as employees are not working anyway. However, employees must receive at least minimum wage for time spent training and, if necessary, this will be at the employer’s cost.

Can employees do any work for an employer when furloughed?

No. When on furlough an employee cannot undertake work for or on behalf of the employer. This includes providing services or generating revenue. Employees on furlough are permitted to undertake voluntary work and/or training provided that employees undertaking online training, for example, must be paid National Minimum Wage or National Living Wage for the time spent training. Voluntary work does not mean that the employee can volunteer their services to continue working for the employer but rather is in relation to voluntary work unconnected to work which is providing services to the employer. The JRS does not cover employees who are working reduced hours or placed on short time working. Employers are able to bring back to work eligible employees for any amount of time and any shift pattern, while still being able to claim under the Scheme for their normal hours not worked.

Can furloughed employees continue to work as union representatives while furloughed?

Yes, recent guidance has confirmed that whilst on furlough, employees who are union or non-union representatives may undertake duties and activities for the purpose of individual or collective representation of employees or other workers. However, in doing this, they must not provide services to or generate revenue for, or on behalf of the organisation or a linked or associated organisation.

If an employer chooses to top up salary by 20% can they request a furloughed employee to do some work for them?

No. Under the JRS employees are not permitted to undertake work even if the employer tops up salary unless they are simply undertaking training or volunteer work as outlined above.

How long can employees be furloughed for?

The JRS is scheduled to run from 1 March 2020 until 30 April 2021 (as announced on 17 December 2020.) It may be extended. An employee could be placed on furlough leave for the whole of that period (claims can be backdated if applicable).

Flexible furlough agreements can last any amount of time. Employees can enter into a flexible furlough agreement more than once.

Although flexible furlough agreements can last any amount of time, the period that you claim for must be for a minimum claim period of 7 calendar days. You can only claim for a period of fewer than 7 days if the period you are claiming for includes either the first or last day of the calendar month, and you have already claimed for the period ending immediately before it.

Can employees who are clinically extremely vulnerable be furloughed?

Yes, the Government Guidance confirms that employees who are clinically extremely vulnerable can be furloughed.

Can an employee object to being furloughed?

In the absence of a contractual lay off clause, yes. This means that an employer should consult with employees and seek their consent. In the absence of consent, it may be that there will be a redundancy situation and the normal redundancy rules will apply.

Can an employer re-hire an employee that it has made redundant and then furlough them?

Yes, if you made employees redundant, or they stopped working for you on or after 23 September 2020 you can re-employ them and put them on furlough. This applies as long as the employee was employed and on your PAYE payroll on or before 23 September 2020. This means an RTI submission notifying payment in respect of that employee to HMRC must have been made between 20 March and 23 September 2020.

If an employee works for two employers can they be furloughed from both?

Yes, an employee could be furloughed by both employers.

Can a furloughed employee obtain another job and while on furlough?

Subject to any restrictions in the employment contract (which could be waived at the employer’s consent), yes the employee can get another job and receive that wage as well as the furlough wage.

Do furloughed employees retain all their normal employment rights?

Furloughed employees remain employed and will retain all of their normal employment rights, for example the right to SSP and the right to annual leave.

What information must an employer submit to HMRC?

An employer will need to submit the following information to HMRC’s online portal, once it is operational:

  • your ePAYE reference number;
  • the number of employees being furloughed;
  • national insurance numbers for the furloughed employees (if you have one or more without a National Insurance number you should contact HMRC);
  • names of the furloughed employees;
  • payroll/employee numbers for the furloughed employees (optional);
  • your Self-Assessment Unique Taxpayer Reference or Corporation Taxpayer Reference or Company Registration Number;
  • the claim period (start and end date);
  • amount claimed;
  • your UK Isle of Man or Channel Island bank account number and sort code;
  • the billing address on your bank account;
  • your contact name; and
  • your phone number

You will also need to provide either:

  • your name;
  • your Corporation Tax unique taxpayer reference;
  • your Self-Assessment unique taxpayer reference;
  • your company registration number.

If you flexibly furlough employees, you’ll need to agree this with the employee (or reach collective agreement with a trade union) and keep a new written agreement that confirms the new furlough arrangement. You’ll need to:

  • make sure that the agreement is consistent with employment, equality and discrimination laws
  • keep a written record of the agreement for five years
  • keep records of how many hours your employees work and the number of hours they are furloughed (i.e. not working).

You do not need to place all your employees on furlough and you can continue to fully furlough employees if you wish. Employees cannot undertake any work for you during time that you record as them being on furlough.

If the employer is claiming for more than 100 furloughed employees, then it is necessary to upload a file containing each employee’s:

  • full name
  • National Insurance number
  • payroll number (optional)
  • furlough start date
  • furlough end date (if known)
  • full amount claimed

The format of the file you upload must be either:

  • .xls
  • .xlsx
  • .csv
  • .ods

Employers will need to calculate the amount that they are claiming and should note that HMRC retains the right to retrospectively audit all aspects of the claim.

If you do not finish your claim in one session, you can save a draft. You must complete your claim within 7 days of starting it.

What happens after the claim is submitted?

HMRC will then check that the claim is correct and pay the claim amount by Bacs into your bank account within 6 working days.

Employers must keep all records for six years including:

  • the amount claimed and claim period for each employee
  • the claim reference number
  • the calculations in case HMRC need more information about the claim

What if I can’t afford to pay employees without receipt of the money from HMRC?

It is still up to the employer to pay the wages to the employee directly. If this is not done, then this will be a breach of contract regardless of whether or not money has been received from HMRC. However, it may be possible to agree with employees that payment will be late. Employees would be within their rights to refuse to consent to this and to make a claim to the Tribunal for unlawful deduction from wages. However, it would take some time for this claim to be processed and, in the circumstances, the employees may be content to wait.

Is it possible to contact HMRC about my claim?

Yes, details are available here https://www.gov.uk/government/organisations/hm-revenue-customs/contact/get-help-with-the-coronavirus-job-retention-scheme but a high number of calls are anticipated and employers are encouraged to only contact HMRC if it is essential.

I am a director of a Limited Company. My salary is made up of dividends and a minimal salary via PAYE. Can I access the Job Retention Scheme for 80% of my salary paid via PAYE and the Self Employment Scheme for 80% of my salary taken by dividends?

In relation to your salary which goes through the PAYE scheme – yes, you can access the Job Retention Scheme for support up to a maximum permitted under the scheme if you were on the scheme as of 19 March 2020. However, as with normal furloughed employees you cannot work for the company. However, there are limited exceptions in relation to doing work which include: where it is necessary in fulfilling a duty or other obligation arising by or under an Act of Parliament relating to the filing of company accounts or provision of other information relating to the administration of the director’s company, making a claim under the Scheme in respect of an employee of the director’s company; and making a payment of salary or wages of an employee of the director’s company.

In relation to the balance of your income which is extracted via dividends, unfortunately the Self-Employment Income Support Scheme (SEISS) will only support self-employed individuals (including members of partnerships) however is not extended to directors of limited companies.

Those who do not qualify for the scheme will be able to explore other support including an increase in the Universal Credit allowance, income tax deferrals, £1 billion more support for renters and access to three-month mortgage holidays.

I am a director of a limited company and have an annual pay period. Can I be furloughed?

Yes, those paid annually are eligible to claim, as long as they meet the relevant conditions. This includes being notified to HMRC on an RTI submission on or before 19 March 2020, which relates to a payment of earnings in the 19/20 tax year. The requirement for there to be payment of earnings in the 19/20 tax year applies for any employee being claimed for under the scheme, irrespective of how frequently they are paid (e.g. weekly, fortnightly or monthly). This will be relevant for those on an annual pay period if the last payment notified to RTI was before 5 April 2019 and no further payments were notified until after 19 March 2020. An employer can make their claim in anticipation of an imminent payroll run, at the point they run their payroll or after they have run their payroll.

I cannot be certain if I will be in a position to keep the current levels of staff on my payroll after the Job Retention Scheme closes. Will I have to repay the grant support?

There is no obligation to bring an employee back to work after the period of furlough. If the employer chooses to make individuals redundant the usual rules for redundancy will apply. While it was previously possible to furlough an employee during their notice period and claim part of this pay through the furlough scheme since 1 December this is no longer allowed. Grants cannot be used to substitute redundancy payments.

Note employees will maintain rights against unfair dismissal and to redundancy payments during the period of furlough.

A number of my employees are part of a salary sacrifice scheme. When calculating the grant due under the Job Retention Scheme do I need to take these deductions into account?

The reference salary should not include the cost of non-monetary benefits provided to employees, including taxable Benefits in Kind. Similarly, benefits provided through salary sacrifice schemes (including pension contributions) that reduce an employee’s taxable pay should also not be included in the reference salary. Where the employer provides benefits to furloughed employees, this should be in addition to the wages that must be paid under the terms of the Job Retention Scheme. It is a condition of the Scheme that all of the money received goes to the employee without deduction. However, recent guidance has confirmed that if an employee had previously authorised their employer to make deductions from their salary, these deductions can continue while the employee is furloughed provided that these deductions are not administration charges, fees or other costs in connection with the employment.

I have more than one company. Can this company hire my furloughed staff giving them two wages?

While it is possible for furloughed employees to get a new job the Scheme states that furloughed employees cannot work for a linked organization so this would not be permissible. Specialist advice should be sought before engaging in any arrangement such as this to ensure that you are acting in accordance with the Scheme.

What can I do if I have made a mistake and claimed too much or not enough?

If you make a mistake it is possible to delete a claim in the online service but you must do this within 72 hours. If you have made an error in a claim that has resulted in an over-claimed amount, you must pay this back to HMRC. You can report an over-claimed amount as part of your next claim. You will be asked when making your claim whether you need to reduce the amount down to take account of a previous over-claim. Your new claim amount will be reduced to reflect this over-claimed amount and you should keep a record of this adjustment for six years.

If you have made an error in a claim and do not plan to submit further claims or you’d like to make a voluntary repayment because you do not want or need the grant to pay your employees’ wages, tax and National Insurance and pension contributions, you should use the online service to get your payment reference number before you can pay HMRC back. Once you have your reference number you can pay by Faster Payments, CHAPS or Bacs to HMRC’s account. You can also pay by debit card or corporate credit card.

If you’ve over-claimed a grant and have not repaid it, you must notify HMRC by the latest of either:

  • 90 days after the date you received the grant you were not entitled to
  • 90 days after the date you received the grant that you were no longer entitled to keep because your circumstances changed
  • 20 October 2020

If you do not do this, you may have to pay a penalty. If you do repay any over-claimed grant, this will prevent any potential tax liability in respect of the overpayment of Scheme. HMRC has confirmed that it will not be actively looking for innocent errors in their compliance approach.

If you have made an error that has resulted in an under-claimed amount, you should contact HMRC to amend your claim. As you are increasing the amount of your claim, they will need to conduct additional checks.

The deadlines to amend claims are as follows:

To amend a claim for:

You must amend the claim by 11:59pm on:

December 2020

28 January 2021

January 2021

1 March 2021

February 2021

29 March 2021

March 2021

28 April 2021

April 2021

28 May 2021

 

What enforcement powers does HMRC have?

HMRC may recover the full amount of the overpaid grant by making a tax assessment for the amount that you were not entitled to and have not repaid. If HMRC makes an assessment, they will write to you tell you about it. The assessment is equal to the amount to which you’re not entitled including any amounts that you have not used to pay furloughed employee wages and associated costs within a reasonable period. Payment of the amount assessed is due 30 days after the assessment. HMRC will charge interest on late payments. HMRC may also charge late payment penalties if the amount remains unpaid 31 days after the due date.

Company officers, who knew the company had over-claimed a CJRS grant at the time it was received or knew at such other time when a tax liability arose the claim was overpaid or not used for the intended purpose, can be made personally liable to pay the tax charged on their company’s overpaid CJRS grants in circumstances where the company is in insolvency and the tax cannot be recovered from the company. HMRC may charge you a penalty in addition to the over-claimed amount. When deciding the amount of any penalty, they will take account of whether you knew you were entitled to the CJRS grant when you received it, or you knew when it became repayable or chargeable to tax because your circumstances changed. If you knew you were not entitled to your grant when you received it or knew when you had stopped being entitled to it because of a change of circumstances and didn’t tell HMRC in the notification period then the law treats your failure as deliberate and concealed. This means a penalty of up to 100% could be charged on the amount of the CJRS grant that you were not entitled to receive or keep and had not repaid by the last day of the notification period.   Other factors that are typically taken into consideration when calculating a failure to notify penalty will also be considered.

Deliberate penalties, arising as a consequence of an incorrect CJRS grant claim, will fall under the Publishing details of Deliberate Defaulters (PDDD).

In particularly serious breaches there could also be criminal repercussions as was seen in the arrest of several men in England on suspicion of involvement in a £495,000 fraud on the CJRS. In this case HMRC executed a search warrant, seized computers and froze funds held in a bank account connected to the business.

What information will HMRC make public?

From February HMRC will publish information about employers who claim for periods starting on or after 1 December 2020. This information will be published each month, after the deadline for making amendments to claims. The following details will be published on GOV.UK:

  • the employer name
  • an indication of the value of the claim within a banded range
  • the company number for companies and Limited Liability Partnerships (LLPs)

The banded ranges are:

  • £1 to £10,000
  • £10,001 to £25,000
  • £25,001 to £50,000
  • £50,001 to 100,000
  • £100,001 to £250,000
  • £250,001 to £500,000
  • £500,001 to £1,000,000
  • £1,000,001 to - £2,500,000
  • £2,500,001 to £5,000,000
  • £5,000,001 to £10,000,000
  • £10,000,001 to £25,000,000
  • £25,000,001 to £50,000,000
  • £50,000,001 to £100,000,000
  • £100,000,001 and above

HMRC will also be improving the information available to furloughed employees by including details of claims made for them, for claim periods starting on or after 1 December 2020 in their Personal Tax Account on GOV.UK.

Are there any exceptions to the publishing of furlough details by HMRC?

HMRC will not publish details of employers claiming through the scheme if you can show that publicising these would result in a serious risk of violence or intimidation to certain relevant individuals, or any individual living with them.

Those individuals include:

  • employers that are individuals - a relevant individual can be the employer themselves, or any employee of the employer
  • employers that are companies - a relevant individual can be a director, officer or employee of that company
  • employers that are partnerships - a relevant individual can be a partner, officer or employee of that partnership
  • employers that are limited liability partnerships - a relevant individual can be a member or employee of that limited liability partnership
  • trustees of a trust - a relevant individual can be a settlor, trustee or beneficiary of the trust

If you are an employer and think that a serious risk of violence or intimidation will come from publicising your name, company registration number and amount of claim, you will need to tell HMRC and provide them with evidence of why you think this.

This evidence could include:

  • a police incident number if you’ve been threatened or attacked
  • documentary evidence of a threat or attack, such as photos or recordings
  • evidence of possible disruption or targeting

How do I un-furlough staff?

The conditions of furlough, including how long it will last, should be notified to the employee at the time when they are furloughed. Complications may arise where the employer I seeking to un-furlough some employees, but not others. As with the decision to furlough employees in the first place, the decision to un-furlough them should be on justifiable, non-discriminatory, business grounds. Justifiable considerations may include skills/experience of employees, time spent on furlough (first furloughed first un-furloughed), the amount of work available and the preferences of the employees.

Communication with staff is key and returners will have to be reassured that their return is in accordance with public health guidance. Where possible, working from home should be encouraged.

What is the situation following the Chancellor’s decision to extend the furlough scheme?

On 17 December 2020 it was announced that the Scheme would be extended until 30 April 2021 with the government contribution back up to 80%. To be eligible to be claimed for under this extension, employees must be on an employer’s PAYE payroll by 23:59 30th October 2020. This means a Real Time Information (RTI) submission notifying payment for that employee to HMRC must have been made on or before 30th October 2020. Employers can claim even if they, or the relevant employees, had not used the Scheme previously.

Since August 2020, the level of government grant provided through the Scheme has been slowly tapered to reflect that people will be returning to work. However, the support has been increased again since November 2020. The Scheme updates mean that the following will apply for the period people are furloughed:

  • November –30 April 2021: The government will pay 80% of wages up to a cap of £2,500. Employers will pay ER NICs and pension contributions.
  • April 2021 onwards: the Scheme will close (and potentially be replaced by the Job Support Scheme)

If an employee was already on notice of redundancy could we agree to extend this so that the employee remains eligible for furlough during the extension?

HMRC has confirmed that while it was previously possible to furlough an employee during their notice period and claim part of this pay through the furlough scheme since 1 December this is no longer allowed. Therefore, it would not be possible to keep the employee on notice of redundancy while they are furloughed. This also applies to employees that are serving notice following resignation or retirement.

What if I had already made the employee redundant prior to the extension?

Employees that were employed and on the payroll on 23 September 2020 who were made redundant or stopped working for their employer after that date can be re-employed and claimed for.

How does flexible furlough work?

Employers are able to bring back to work eligible employees for any amount of time and any shift pattern, while still being able to claim under the Scheme for their normal hours not worked. This means that furloughed employees will no longer need to avoid doing any work for you. They can start to work for some of the week but be furloughed for the rest of it. It is up to the employer (with agreement from the employee) to decide the hours of work and the hours of furlough.

Flexible furlough agreements can last any amount of time. Employees can enter into a flexible furlough agreement more than once.Although flexible furlough agreements can last any amount of time, the period that you claim for must be for a minimum claim period of 7 calendar days. You can only claim for a period of fewer than 7 days if the period you are claiming for includes either the first or last day of the calendar month, and you have already claimed for the period ending immediately before it.

How do you calculate a claim under the flexible furlough?

If your employee is fully furloughed, you do not need to work out their usual and furloughed hours and you should claim in the same way you have previously. If your employee is flexibly furloughed, you’ll need to work out your employee’s usual hours and record the actual hours they work as well as their furloughed hours for each claim period. This can be complicated particularly if your employee works variable hours or if you are only claiming for part of a pay period. HMRC has produced a number of worked examples which may be of assistance.

You can calculate the usual hours for the entire claim period or for each pay period, or part of a pay period, that falls within that claim period. If you calculate the usual hours for the entire claim period and the result is not a whole number, you should round it up to the next whole number. If you calculate the usual hours on a pay period basis you should round the result up or down to the nearest whole number.

You must subtract the amount which is paid to the employee for the claim period from the amount you claim under the scheme, if your employee is paid:

  • Statutory Maternity Pay
  • Statutory Adoption Pay
  • Statutory Paternity Pay
  • Statutory Shared Parental Pay

Your employee cannot be furloughed while they receive statutory sick pay and your employee cannot receive statutory sick pay while they are furloughed.

How do you work out the maximum amount that can be claimed under flexible furlough?

The maximum wage amount is £2,500 a month, or £576.92 a week. If the length of time you’re claiming for is not one or more weeks or one month, you’ll need to use the daily maximum wage amounts to work out the maximum amount for each employee.

To work out the maximum amount you can claim, multiply the daily maximum wage amount by the number of calendar days your employee is furloughed for in your claim.

Month

Daily maximum wage amount

December 2020

£80.65 per day

January 2021

£83.65 per day                                                                                                                                                                                                                                                                                                          

February 2021

£89.29 per day

March 2021

£80.65 per day

April 2021

£83.34 per day

 

If you’re claiming for multiple pay periods in one claim, you can calculate the total maximum using a mixture of:

  • the daily maximum wage amount
  • the weekly maximum wage amount
  • the monthly maximum wage amount

Do I have to use the flexible furlough?

No, you could choose to keep an employees furloughed.

Is there any change to holiday pay for employees that are on flexible furlough?

No, holiday pay continues to accrue at 100% regardless of whether the employee is working full time, furloughed or on flexible furlough.

Can we take advantage of the flexible furlough to furlough employees solely for the periods when they are on holiday?

Guidance has confirmed that employees should not be placed on furlough for a period simply because they are on holiday for that period. Similarly, employees should not be placed on furlough just because the employer normally does less business over the festive period and staff normally are made to take holidays then. Presumably this is because HMRC would view this as being an abuse of the scheme.

How are the claim periods changing?

If your employee stops being furloughed or flexibly furloughed partway through a claim period, when calculating the number of furloughed hours you can claim for, make sure you:

  • only calculate the employee’s usual hours up to the last day of furlough, instead of to the end of the claim period
  • do not include any working hours after the last day of furlough

This applies even if your claim period includes days after the employee’s last day of furlough (for example, because you’re claiming for multiple employees and some of them stay on furlough).

What are the deadlines to claim?

It is no longer possible to claim for periods prior to December 2020.

Claims must be submitted by 11.59pm 14 calendar days after the month you’re claiming for. If this time falls on the weekend or a bank holiday. then claims should be submitted on the next working day.

Claim for furlough days in

Claim must be submitted by

December 2020

14 January 2021

January 2021

15 February 2021

February 2021

15 March 2021

March 2021

14 April 2021

April 2021

14 May 2021

HMRC may accept a claim made after the relevant deadline if you had a reasonable excuse for failing to make a claim in time and you then claimed without delay after the excuse no longer applied.

HMRC will not consider reasonable excuses in advance of a claim deadline.

Are there any exceptions to the deadlines to claim?

HMRC may accept a claim made after the relevant deadline if you had a reasonable excuse for failing to make a claim in time despite taking reasonable care to do so and you then claimed without delay after the excuse no longer applied. You may have a reasonable excuse if for example:

  • your partner or another close relative died shortly before the claim deadline
  • you had an unexpected stay in hospital that prevented you from dealing with your claim
  • you had a serious or life-threatening illness, including Coronavirus related illnesses, which prevented you from making your claim (and no one else could claim for you)
  • a period of self-isolation prevented you from making your claim (and no one else could make the claim for you)
  • your computer or software failed just before or while you were preparing your online claim
  • service issues with HMRC online services prevented you from making your claim
  • a fire, flood or theft prevented you them from making your claim
  • postal delays that you could not have predicted prevented you from making your claim
  • delays related to a disability you have prevented you from making your claim
  • an HMRC error prevented you from making your claim

HMRC will not consider reasonable excuses in advance of a claim deadline.

How does the “Job Retention Bonus” work?

The Job Retention Bonus was to be a one-off payment to employers of £1,000 for every employee who they previously claimed for under the Scheme, and who remained continuously employed through to 31 January 2021. Since the Scheme has been extended to the end of March 2021 the Job Retention Bonus is currently on hold.

Is it possible to check previous iterations of the guidance for the Scheme?

You can read previous versions of the Coronavirus Job Retention Scheme guidance on The National Archives to check the eligibility of claim periods ending on or before 30 June and check which employees you could put on furlough.

What is the Job Support Scheme (JSS)?

JSS was designed to protect jobs in businesses which are facing lower demand over the winter months due to Covid-19, to help keep their employees attached to the workforce. Since the Scheme has been extended to 30 April 2021 JSS is currently on hold.

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