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    Coronavirus Job Retention Scheme - some new and important issues...

    Coronavirus Job Retention Scheme - some new and important issues...

    The Government has recently published several amended guidance documents which can be found on the Government website. The guidance confirms much of what we already knew and expected concerning the extension to the Coronavirus Job Retention Scheme (CJRS). However, it also introduces some new and important issues, including:

    • HMRC has confirmed that employers can access the CJRS from 1 November 2020, irrespective of whether or not they have accessed CJRS before; and
    • Employers can also furlough employees from 1 November 2020, conditional upon them putting in place a retrospective furlough agreement by 13 November 2020 (i.e. today)! It is imperative however that the employee has been furloughed during that period and has therefore not been working their normal hours.

    Their guidance also suggests that from 1 December 2020:

    • Employers will no longer be able to claim in respect of employees who are serving their notice (this is in contrast to what was allowed previously under CJRS); and
    • HMRC will start publishing the names of all employers who make claims under the CJRS from December 2020 onwards.

    What appears constant is the lack of restriction on the number of employees who can be furloughed under the extended CJRS and the fact that typically, employers can claim for any employees on their payroll as of 30 October 2020, albeit there are some exclusions. Employees can also still be furloughed if they are shielding in line with public health guidance (or need to stay at home with someone who is shielding).

    Employers must also continue to confirm in writing to the employee that they have been furloughed and keep written records of their agreement for a further five years.

    If you need any help or advice concerning your furlough/CJRS compliance, please do not hesitate to get in touch with a member of our Employment Law Team.

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