From 1 July 2020 employers will have the flexibility to bring furloughed employees back into the workplace on a part-time basis and from 1 August 2020 employers will be expected to contribute towards the CJRS on an incremental basis until the scheme closes on 31 October 2020.
Some key points to note from the new and updated guidance:
Closure to new entrants – The Chancellor made it clear that the CJRS would be closed to new entrants from 30 June 2020, meaning the final date an employee could be furloughed for the first time was 10 June 2020, to allow for the minimum three week furlough period. However, on 9 June 2020, the government announced that parents returning to work after extended maternity or paternity leave are eligible for furlough even after 10 June 2020.
Some key dates when making a claim – The first time employers will be able to make claims for July will be 1 July; employers cannot claim for periods in July before this point. 31 July is the last day that employers can submit claims for periods ending on or before 30 June.
Minimum furlough periods – From 1 July 2020 agreed flexible furlough agreements can last any amount of time. Employees can also enter into a flexible furlough agreement more than once. It is important to note that where an employee starts a new furlough period before 1 July 2020, this must be for a minimum period of 3 weeks, even if this takes the employee past 1 July. This means that there will need to be two claims for any overlapping claim of 21 days from 10 June onwards because of the need to claim on a month by month basis from 1 July. Although there is flexibility over the length of the furlough agreement, the period that employers claim for must be for a minimum claim period of seven calendar days.
Written agreement – The guidance states that “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”. The agreement must be consistent with employment, equality and discrimination laws. References to equality and discrimination laws is a change to the guidance. A written record of the agreement should be kept for five years which differs from record keeping on pay which is dealt with below. The guidance is also updated to reflect that employers must tell an employee that they have made a claim.
Can employers still fully furlough? – Employers can continue to fully furlough; flexible furloughing is optional.
Calculating usual hours and furloughed hours – In order to claim under the CJRS employers will need to work out the employee’s usual hours and record the actual hours they work as well as their furloughed hours for each claim period. The guidance on “usual hours” is detailed and quite complex. In summary:
- Employees who have fixed hours and whose pay does not vary – The calculation is relatively straightforward and is based on the numbers of hours the employee was contracted to work at the end of the last pay period ending on or before 19 March 2020.
- Employees who work variable hours – The usual hours are calculated based on the higher of either the average numbers of hours worked in the tax year 2019 to 2020 or the corresponding calendar period in the tax year 2019 to 2020.
Once the usual hours are ascertained employers will then need to calculate the number of working and furloughed hours for each employee. Employers must agree with the employee how many hours will be worked. The employee will be furloughed for the rest of their usual hours. Employers will need to calculate 80% of their employees’ usual wages to determine how much they can claim under the CJRS for the furloughed hours.
Record keeping – Strict requirements are set out in the guidance requiring employers to keep the following records for pay for six years:
- the amount claimed and claim period for each employee
- the claim reference number for the employers’ records
- the employers’ calculations in case HMRC need more information about the claim
- usual hours worked, including any calculations that were required, for employees flexibly furloughed
- actual hours worked for employees flexibly furloughed
Conclusion – Undoubtedly employers will be keen to utilise the flexible arrangements as the lockdown measures ease. With the focus very much on allowing employees to get back to work, the flexible arrangement will allow employers to take a considered approach to returning to the workplace, however the rules are complex and lengthy. The short-term priority will be for employers to focus on the furlough agreement evidencing their arrangements.
It is important to note that from 1 August 2020 employers will be asked to contribute towards the cost of their furloughed employees’ wages.
14 day quarantine after returning from abroad
As well as grappling with the latest version of the CJRS, concerns have been raised as to the position of employees who need to quarantine for 14 days after returning from overseas. As summer holidays approach and airlines are starting to open up flights. Whilst the position is more straightforward for those who can work from home, it is less clear for those who cannot.
Trade Unions are currently lobbying Government to be clearer that the self-quarantine period should be considered as a working from home period where the employee is able to work from home or that the Government should be clear that the employee is on SSP and ideally on full pay funded by Government otherwise we could see a further situation where employees will risk health to continue to put food on the table.
T: 0300 333 0303 www.unionline.co.uk