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Added by Love Business East Midlands | 8 April 2020
UPDATED: 10 April 2020
The Government has announced that all UK employers will be able to access support to continue paying part of their employees’ salary for those employees that would otherwise have been laid off during this crisis. BCC has sought clarification from Ministers on the detail of the scheme and will update these FAQs as further information is obtained.
The official guidance states businesses will need to:
HMRC will reimburse 80% of furloughed workers wage costs, up to a cap of £2,500 per month. HMRC are working urgently to set up a system for reimbursement. Existing systems are not set up to facilitate payments to employers. The scheme will cover the cost of wages backdated to March 1st and is initially open for 3 months but will be extended if necessary.
If your business needs short term cash flow support, you may be eligible for a Coronavirus Business Interruption Loan.
Answer:
A schedule of furloughed workers will need to be produced and submitted to HMRC through a new portal being created for the purpose. Still waiting further guidance but would assume the following information will need to be included:
Answer:
Full details are still awaited. HMRC are having to build a new portal for this and in effect will be reversing the normal flow of monies from collection, to payment. We understand that this will be via a grant from HMRC (not a loan). They are aiming to have this in place by the end of April.
You can only submit one claim for a minimum 3 week period which is also the minimum term an employee can be furloughed for.
Answer:
The scheme will continue for 3 months currently but will be reviewed by the government.
We expect that you will be able to recall employees before 3 months should your business require them.
The minimum term for an employee to be furloughed is 3 weeks. The scheme is backdated to 1st March 2020 but only for employees who may already have been affected prior to the announcement on 20th March.
Answer:
This has now been confirmed to be only on base salary and excludes commission and bonuses, but employers are able to include employers National Insurance contributions and minimum automatic enrolment employer pension contributions.
There is a maximum payment cap of £2,500 for employees however the employer is able to add the aforementioned Employers National Insurance and minimum automatic employer pension contributions to the calculation.
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Employees on sick leave should be paid SSP for the duration.
They can subsequently be furloughed.
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As above (5a).
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No. For employees on maternity leave the normal rules apply. If you offer enhanced (earnings related) contractual pay to women on Maternity Leave, this is included as wage costs that you can claim through the scheme. The same principles apply where your employee qualifies for contractual adoption, paternity or shared parental pay.
Answer:
Furlough is a temporary lay off and in this case the government have undertaken to pay up to 80% of salary as a mechanism to prevent mass unemployment where an employee may be expected to resume work again in the future. It will not replace other schemes such as Maternity leave which will remain in place. Most of the SMP can already be recovered by employers.
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You can furlough additional workers during the period the scheme is in operation in line with business requirements in line with the claim periods.
Answer:
At present, furloughed employees cannot work for you during this period and their NI number will be supplied to HMRC. This is a unique identifier so unless their work was voluntary and unpaid (and not for your organisation), they are not able to work for other organisations. They still remain your employees.
Love Business Editor Note: This very much depends upon the 'employees' contract of employement - as it is possible for an employee to take on other work, if their contract allows. The NI number will take into considerration their 'furlough leave' and 'additional pay' and the 'employee' will be taxed accordingly.
Here's what the .Gov site says:
If your contract allows, you may undertake other employment while your current employer has placed you on furlough, and this will not affect the grant that they can claim under the scheme. You will need to be able to return to work for the employer that has placed you on furlough if they decide to stop furloughing you, and you must be able to undertake any training they require while on furlough. If you take on new employment, you should ensure you complete the starter checklist form with your new employer correctly. If you are furloughed from another employment, you should complete Statement C. Any activities undertaken while on furlough must be in line with the latest Public Health guidance during the COVID-19 outbreak.
Answer:
Further clarity is still required but theoretically each claim covers specific employees therefore you may be able to bring them back into work for the following period to undertake paid work. It should be noted that employees will continue to accrue annual leave whilst furloughed so you wouldn’t change an employee’s status from furlough due to holiday.
Love Business Editor Note: The minimum period of 'furlough leave' is 3 weeks. It may be very administration heavy if you were to rotate staff, but there is a good argument for doing so - this was discussed in the video conference podcast with Andrew Bridgen MP and Chris Hobson, Director of Policy and External Affairs. Watch the 4:36 'What can 'furloughed staff' do for the business whilst on leave? Video debate here.
Answer:
As it is a separate claim for each period furloughed workers can be brought back into work on a gradual basis as required by the business recovery within the time parameters of the scheme (currently 3 months). Unless the government elect to extend the scheme other action may need to be considered beyond the initial term.
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Furloughed workers are not allowed, to undertake any work for the business. The BCC has asked the government for more flexibility in the scheme.
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Holiday leave will continue to be accrued during the furloughed period.
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Whilst an employee is furloughed, no other payments, such as holiday pay should be made. The employee is in effect temporarily ‘laid off’ as opposed to permanently laid off.
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No. This is not necessary as holiday leave will continue to accrue whilst they are furloughed.
Answer:
This is a matter for each business to consider. The purpose of furloughing is to prevent unemployment and to ease financial pressures on a business in order that it can survive a temporary downturn in business. Asking an employee to take leave will result in the company continuing to pay the employee which in the current climate may not be an attractive proposition
Answer:
No. The worker will still remain an employee during the period of furlough and retain contractual benefits other than that around pay.
Answer:
HMRC will pay a grant to the employer who will process through their payroll as normal so PAYE and Employee National insurance contributions will be deducted. Employees will also continue to make automatic enrolment contributions on qualifying earnings unless they have elected to opt out or have ceased savings into a workplace pension plan.
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Yes, this is possible where such an agreement is in place.
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Employees will continue to make automatic enrolment contributions on qualifying earnings unless they have elected to opt out or have ceased savings into a workplace pension plan.
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Pension contributions will continue as outlined above (11a).
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The scheme is open to all UK employers that had created and started a PAYE payroll scheme on 28 February 2020. Therefore, it does not cover:
Answer:
Provided they were on the payroll before 28 February you can claim for any type of employee including:
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A furloughed employee can take part in training as long as it does not provide services or revenue to the business. If workers are required to complete training in connection with the business, they must be paid the National Living Wage or National Minimum Wage for the time spent training.
Love Business Editor Note: Employees can be asked to undertake training, and are obliged to do so, so long as it doen't generate profit.
Here's what the .Gov site for employees on furlough says:
While you’re on furlough
Once you are on furlough you will not be able to work for your employer. You can undertake training or volunteer subject to public health guidance, as long as you’re not:
If workers are required to, for example, complete training courses whilst they are furloughed, then they must be paid at least their appropriate minimum wage (NLW/NMW/AMW) for the time spent training, even if this is more than the 80% of their wage that will be subsidised.
Answer:
Your affected employees will need to be designated ‘furloughed workers’ and this will need to be confirmed in writing. It is important to note that changing employees’ employment rights is still subject to employment law and unless lay off or short time working clauses are included in contracts of employment, separate negotiation may be required. It is best to take employment advice on this point.
Answer:
Yes, we have made a template furlough letter available, located in the ChamberHR reference library under the Redundancy section. Alternatively if you don’t have access to ChamberHR please send an email to hello@questcover.com and a free template letter will be sent to you.
Answer:
You can fund the difference if you wish but there is no obligation to do this under the scheme.
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The employee cannot work for you if furloughed. The scheme will continue for at least 3 months. The government has indicated that there is no requirement on the employer that employment needs to be guaranteed afterwards. At this point it may be necessary to consider termination of employment. It is important that you seek further advice on this prior to taking any action as employment law still applies and if carried out incorrectly you may find yourself subject to an employment tribunal claim.
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The idea behind the Coronavirus Job Retention Scheme is for businesses to retain employees during the period in order that they can bring them back when the business situation improves (subject to the current scheme duration)
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Furlough is an alternative to permanent lay off/redundancy. Provided your contracts of employment include the appropriate clauses to enable you to change their status you can impose this.
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The employee cannot work for you during this period (even making phone calls or sending email); however, we would imagine that it would okay to periodically keep in touch from an employee welfare aspect.
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The scheme is to be backdated to 1st March 2020 so therefore you could theoretically withdraw the redundancy notice if it took place within this period. You would need to seek employment advice as to how to achieve this through the ChamberHr advice lines. Anyone made redundant prior to this date is not eligible for this scheme.
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No. You can only furlough employees who were on the payroll as at 28 February 2020.
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Commission and bonus earning are excluded. For employees whose earnings fluctuate for other reasons you can claim the following:
Answer:
Companies should explore all options and adopt the best option for their company. The job retention scheme is to avoid mass redundancies and unemployment; however, in some cases there may be no alternative.
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Companies must ensure they always follow due process; failure to do so may result in unfair dismissal claims. Employment Tribunals may be sympathetic to the current situation but will not look favourably where companies have deliberately failed to follow a fair and reasonable process.
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Possibly, depending on how long the crisis continues but the decision lies with the government and currently there is no guarantee beyond the 3 month period.
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The scheme is available to employees remunerated through the PAYE. Charity workers remunerated this way will qualify
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The Home Office has confirmed that migrants can be furloughed, as this does not count as a benefit.
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