During the evening of November 13th 2020 the Treasury published some further guidance on the November – March furlough scheme.
- You cannot claim furlough monies for employees who are working their notice between December 1st and January 31st 2021. That is statutory or contractual notice. So, if your employee resigns giving a contractual months’ notice, you will not be able to claim furlough monies for them during any of their notice period which goes beyond 1st December. Likewise, if you give them notice (perhaps redundancy) which runs beyond 1st December you will not be able to claim furlough money for the latter part of their notice period. If you have a pay in lieu of notice clause (PILON) you could utilise it – but you can only use PILON if you are contractually entitled to do so.
- The Coronavirus Job Retention bonus has been withdrawn.
- Furlough agreements must be in place before the start of the relevant claim period. So, if you have furloughed an employee during November anticipating making a furlough claim but haven’t got them to sign an agreement, theoretically you have missed the boat for November. Although if the employee has previously been furloughed you could just amend the previous agreement.
- Claiming furlough monies is now contingent upon the employer’s name and a “reasonable indication” of the amount claimed being published on the internet. The only opt out from being published is if you can show that publication would expose your workforce to a “serious risk of violence or intimidation”.
If you are currently undertaking an acquisition, merger or anything else that might be covered by TUPE please get in touch as there are specific requirements around furloughing staff who are subject to TUPE.
Need help? Give me a call on 07766 167160 or through my website at www.bdroper-hr.co.uk