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15 Feb The government have revised their guidance on the Job Retention Scheme regarding furloughing staff.

The government have revised their guidance on the Job Retention Scheme regarding furloughing staff.  They key points are below and we will provide more detailed guidance shortly.  Please call us on 01904 360 295 or email enquiries@bridgeehr.co.uk if you have any questions

  • The situation regarding rehiring previous employees has now extended from those made redundant to those who also resigned – the continuing rule is that they must have been on your payroll on the 28th February 2020
  • Specific guidance has been issued for apprentices, how they can continue to train during this period and what rates of pay they should receive
  • Confirmation that if you employ an individual, such as a Nanny, as long as they were on your payroll on the 28thFebruary 2020 then they too can be furloughed
  • Further details regarding Administrators accessing the scheme have been clarified, this is only to be used where “there is a reasonable likelihood of rehiring workers”
  • Any employee who is shielding, or needs to stay home as someone in their household needs to shield can be furloughed when they cannot undertake work from home
  • Those with caring responsabilitites such as caring for children as a result of the school closures can be furloughed if they cannot work from home
  • Fixed term contracts can be extended during the furlough period, some specific rules may apply it is best to seek advice on extending contracts and the impact of doing so
  • The scheme is open to company directors, agency workers, partners of a LLP, those employed via umbrella companies and limb workers – specific rules apply for each of these individual groups
  • You can reclaim any enhanced family leave pay above the normal stautotry payments
  • The calculation of the grant which can be paid and reclaims has been further defined to confirm what elements specifically are included or exluded
  • Student loans will be paid and deducted as normal

The one thing the guidance is explict on and repeats signficantly is that normal employment law rules continue to apply and that furloghed workers continue to have certain right such as the right to not be unfairly dismissed (this includes fairly selecting staff for redundancy) – speak to us if you need to start thinking about what happens next

 

Posted by Lee Stephens

Lee Stephens heads up the team with the help of his co-Directors, Lee has practiced as a specialist employment Solicitor for almost 20 years now, formerly as a Partner with a leading UK law firm Lee Stephens advises SME’s to PLCs and he has a wealth of experience in successfully helping businesses with all aspects of employment law from the day to day to complex reorganizations, TUPE, senior executive removals and disputes through to Tribunal too. KEY AREAS OF WORK Lee has significant experience on:- Post termination and confidentiality breaches and injunctive relief work TUPE transfers and consultations; Senior executive disputes and removals Re-organizations and restructures in various sectors from healthcare, manufacturing to independent schools Agency and self-employed contracts and related claims Employment Tribunal defence and claims Lee has spoken on invitation on various aspects of employment law for various groups across the UK. Using his knowledge and experience Lee solves problems for clients and provides excellent service too. Lee also undertakes his own advocacy and delivers management training workshops and he has particular experience working with clients within the Private School, Veterinary, Care, Recruitment and Production, Logistics & Manufacturing sectors.

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