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Coronavirus Job Retention Scheme Update – Key Dates

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On Friday 29 May, the Chancellor provided new details about the extended Coronavirus Job Retention Scheme (CJRS), which he had announced on 12 May.

We already knew that he had listened to industry bodies and was planning to introduce the ability to bring employees back on a part-time or reduced hours basis. But that can now take place more quickly than expected, on 1 July. Employers need to note however, that this new, flexible scheme will only be available to those employees that have already been furloughed for the minimum three week period. This means the deadline for furloughing new staff is 10 June.

Whilst Sunak had already made it clear that employers would be asked to contribute during this extended period, he has now set out what those contributions will look like. In addition, he has announced that the self-employed income support scheme, which was due to end last weekend (30/31 May), will now be opened for a second and final round in August. In line with the changes to the furlough scheme, the grants will drop to 70% of earnings, up to a maximum of £6,750 for three months.

The Timeline

10 June

The final date on which employers can furlough staff in order to ensure they will qualify for the new scheme.

1 July

Employers are able to bring back furloughed staff on a part-time basis.

1 August

Government contributions of 80% of salary (up to a maximum of £2,500) continue, but employers will have to pay employer’s National Insurance and pension contributions and cannot claim these back.

1 September

The Government contribution under the CJRS will drop to 70% of salary (up to a maximum of £2,190), but employers will need to top up to 80% (or whatever higher percentage has been agreed with the employee).

1 October

The Government contribution under the CJRS will drop to 60% of salary (up to a maximum of £1,875), but employers will need to top up to 80% (or whatever higher percentage has been agreed with the employee).

31 October

The furlough scheme ends.

The HR consultants at Narrow Quay HR are available to chat through any queries you may have related to new work arrangements under coronavirus (COVID-19). Please contact our HR specialists Caitlin Anniss on 07909 683 938, Sarah Martin on 07799 136 091 or Simon Martin on 07834 813076

What is Furloughing? Job Retention Scheme FAQs

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The Job Retention Scheme is an unprecedented government initiative designed to help employers avoid making large-scale redundancies, or laying staff off without pay, during the coronavirus pandemic.

The purpose of the Scheme is to provide employers with financial assistance during this uncertain economic time, and also to maintain job security and a certain level of income for staff whose jobs may otherwise be affected by the pandemic.

The Job Retention Scheme is an unprecedented government initiative designed to help employers avoid making large-scale redundancies, or laying staff off without pay, during the coronavirus pandemic. The purpose of the Scheme is to provide employers with financial assistance during this uncertain economic time, and also to maintain job security and a certain level of income for staff whose jobs may otherwise be affected by the pandemic.

The term ‘furlough’ is an American term which has not previously been used in UK employment law.  Essentially, it means temporarily laying off staff for a period of time whilst keeping them on the payroll.

Under the Scheme, the government will provide a grant to cover “the lower of 80% of an employee’s regular wage or £2,500 per month, plus the associated Employer National Insurance contributions and minimum automatic enrolment employer pension contributions on that subsidised wage.  Fees, commission and bonuses should not be included”.

More detailed guidance around how to calculate claims for Employer NI contributions and minimum automatic enrolment pension contributions is expected before the Scheme goes live.

The Scheme will be backdated to 1 March 2020 and will be in place for an initial three month period, although could be extended if necessary.

All UK employers who had created and started a PAYE payroll scheme on 28 February 2020 can ‘apply’ to use the Scheme, including:

  • businesses
  • charities
  • recruitment agencies (where agency workers are paid through PAYE)
  • public authorities

The government has said it does not expect the Scheme to be used by many public sector organisations as the majority continue to provide essential public services or are contributing to the response to the pandemic.

The government has also confirmed that where a public authority is in receipt of funding for staff costs, the expectation is for that money to be used to pay wages in the usual way.

We anticipate that any public authority seeking to use the Job Retention Scheme will be expected to justify its reasoning as the government will wish to avoid effectively paying twice for staffing costs.

The guidance confirms the Scheme is open to employees on the PAYE payroll at 28 February 2020 and on “any type of contract” including:

  • full-time employees;
  • part-time employees;
  • employees on agency contract; and
  • employees on flexible or zero hours contracts.

No.  Self-employed individuals may be eligible to claim Universal Credit and/or government self-employed income support, both of which are separate schemes.

It is important to understand that as the employer, you will still be required to pay staff salaries under the Scheme.  The government will then reimburse costs, subject to the limits set out above.

No, there is no obligation to make up the shortfall in furloughed staff salaries. Under some circumstances employers may wish to do so, but the implications of this should be carefully considered.

Where employers are imposing a furlough period on staff (if a consultation procedure is not followed, or if agreement has not been reached through consultation), employers may choose to make up the salary shortfall in order to mitigate the risk of claims, for example claims for breach of contract. However, thought should be given to the perceived unfairness of a scenario where furloughed staff and those who are required to continue to work, are in the same financial position.

Staff selection may be straightforward if the entire workforce is affected, or if whole categories of staff are affected. However the more likely scenario might be that a skeleton staff needs to be maintained during the pandemic, so staff will either be selected for furlough or selected to remain at work. In these circumstances, a fair and objective selection process should be designed in order to justify the designation of all staff into one or other of these categories. It might also be appropriate to invite volunteers for remaining at work, and to discuss an employee’s proposed selection with them as part of a consultation procedure with a view to agreeing the change.

No, any employee who is furloughed should not perform any work for their furloughing employer whilst they are on furlough leave. They are however entitled to perform voluntary work and/or complete training.

The guidance confirms staff on sick leave can be placed on furlough leave once their sick leave comes to an end. The guidance also confirms staff who are “shielding” can be placed on furlough leave.

Yes, the updated guidance confirms furloughed employees retain their SSP entitlement. However, depending on the financial arrangements in place during the furlough period, staff who fall ill whilst on furlough leave may well not report this to their employer.

Employees who are furloughed continue to be employed and will therefore continue to accrue annual leave. The guidance issued to date also does not prevent annual leave from being taken during furlough leave.

The government grant will include the minimum automatic enrolment employer pension contributions on the subsidised wage.

The guidance confirms fees, commission and bonuses should not be included in the grant claim. However, this does not mean the employer can automatically stop providing contractual benefits during the furlough period. If there is a proposal to reduce or pause benefits during the furlough period, consultation should take place on this basis with a view to reaching agreement.

To discuss the steps your organisation should take now in relation to coronavirus, please contact Sarah Martin on 07799 136 091, Caitlin Anniss on 07909 683 938 or Michaela Calcutt on  0117 314 5619.