IF YOU WERE FURLOUGHED UNDER THE CORONAVIRUS JOB RETENTION SCHEME, YOU SHOULD HAVE PAID YOU 80% of YOUR WAGES FOR THE TIME YOU WERE FURLOUGHED
IF YOUR EMPLOYER THEN KEEPS YOU ON UNTIL AT LEAST JANUARY 2021, THEY CAN CLAIM A JOB RETENTION BONUS.
IF YOU HAVE BEEN UNFURLOUGHED WITHOUT BEING OFFERED WORK OR HAVE BEEN MADE REDUNDANT, PLEASE LET US KNOW.
In March 2020, the UK Government set up the Coronavirus Job Retention Scheme (CJRS) that would provide financial support to any UK employer to continue paying 80% of employees' salaries or wages rather than laying off staff or making them redundant. The scheme covers the cost of wages backdated to 1 March 2020. It applies to all workers who are employees on the PAYE system and who have been asked to stop working but are kept on the payroll (furloughed).
From 1 July, employers could only claim for staff who had been furloughed since before 10 June. The purpose of the change was to help employers gradually bring furloughed staff back to work. The CJRS comes to an end on 31 October. Employers can still continue to furlough staff beyond October if need be, but they cannot claim any furlough pay back from the government.
If you were furloughed between April and June and your employer claimed your furlough pay from the CJRS, then you should have been paid at least 80% of your salary or wages.
If you continued to be furloughed, or were part-furloughed, between July and October and your employer claimed your furlough pay from CJRS, then you still should have been paid the equivalent of 80% of your salary of wage for the days you were furloughed.
If you were furloughed but your employer chose not to claim from the CJRS, then your furlough pay should have been a matter of agreement between you and your employer. However, given the relatively unusual nature of furloughing in the UK workplace, one would expect employers to use the rules around the CJRS as a guide.
If you are being unfurloughed but are worried about safety in the workplace, you should discuss your concerns with your employer, who has a duty of care.
From 1 July, employers could only claim for staff who had been furloughed since before 10 June. The purpose of the change was to help employers gradually bring furloughed staff back to work. The CJRS comes to an end on 31 October. Employers can still continue to furlough staff beyond October if need be, but they cannot claim any furlough pay back from the government.
If you were furloughed between April and June and your employer claimed your furlough pay from the CJRS, then you should have been paid at least 80% of your salary or wages.
If you continued to be furloughed, or were part-furloughed, between July and October and your employer claimed your furlough pay from CJRS, then you still should have been paid the equivalent of 80% of your salary of wage for the days you were furloughed.
If you were furloughed but your employer chose not to claim from the CJRS, then your furlough pay should have been a matter of agreement between you and your employer. However, given the relatively unusual nature of furloughing in the UK workplace, one would expect employers to use the rules around the CJRS as a guide.
If you are being unfurloughed but are worried about safety in the workplace, you should discuss your concerns with your employer, who has a duty of care.
WHAT IF I WAS NOT FURLOUGHED?One thing we have seen is that many people on zero hours contracts were not furloughed at all. Instead, they simply saw their work disappear, agreed shifts cancelled and no pay.
Unfortunately, there was no legal right to be furloughed. Furthermore, with zero hours contracts and casual workers, employers were not usually contractually obliged to pay when no work was done. If you found yourself in this situation, please contact us and we can try to plead your case with your employer. CAN I BE LAID OFF INSTEAD OF UNFURLOUGHED?As many employers have had to close during the lockdown, it is expected that many may be forced to make staff redundant as social distancing measures continue to be put in place. Those on zero hours contracts may not see much work offered.
If your employer had decided to access the Coronavirus Job Retention Scheme, you should have been protected from being dismissed or made redundant while furloughed, as the purpose of the scheme is to help them pay staff in the absence of sales or revenue. However, employers were not prevented from making furloughed staff redundant. If you are being taken of furlough, your job may be protected as the government is offering a Job Retention Bonus to employers for every furloughed employee kept on until at least the end of January 2021. However, it is still up to the employer whether they make use of that support. If you are unfurlouged and made redundant before the end of January 2021, then your employer cannot apply for a Job Retention Bonus in respect of you. If you are on a zero hours contract, you may be completely unfurloughed but not offered any work, without being made redundant. If you find that you are not offered work for some time, you may be able to request to be made redundant. |
HOW SHOULD MY FURLOUGH PAY HAVE BEEN CALCULATED?If you were employed for 12 months or more when you were furloughed, your employer can claim the highest of either:
• your same month’s earning from the previous year • your average monthly earnings for the 2019-2020 tax year If you were employed for less than 12 months, your employer should claim for 80% of your average monthly earnings since you started work. If you only started with your employer in February 2020, they should work out your earnings pro-rata so far, and claim for 80%. 
Photo by Kate Trifo on Unsplash
WHAT DOES IT MEAN TO BE FURLOUGHED?You are furloughed if your employer tells you that you are being kept on the payroll but will not be undertaking work for them. This is a requirement for an employer to receive support from the Coronavirus Job Retention Scheme. If you are furloughed by one employer, you are not prevented from working for someone else.
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