CJRS - Furlough Webinar HR Q&As

Pay and claims

Where a member of staff is paid monthly but was furloughed on the 26th March to 30 April. Can the claim be made for the period 26 March to 30 April or do 2 claims need to be made, one for 26 March to 31 March and then a separate claim for 1 April 2020 to 30 April 2020?

Where a claim covers multiple pay periods, this calculation should be done for each and then added together..

Can you use furlough as the notice period? If we top up their pay to full pay?

You can furlough an employee during the notice period, as long as the notice period is for 3 weeks or more. The pay may or may not be protected and you may or may not be required to top up as per s.86 of the ERA 1996.

How to claim furloughed wages for employees with variable wages ( e.g hourly workers)?

Using the amount the employee was paid for the same reference period last year or by using the average monthly earnings over the tax year 2019 - 2019.

I have a client that is an individual paye employer that have a live-out nanny. Both of the client couple are working from home and have not therefore lost income. Can they furlong their live-out nanny as she does not want to come to the house and they do not want her in the house either as they cannot comply with the 2-metre distance rule?

Individuals can furlough employees such as nannies provided they pay them through PAYE, and sent HMRC an RTI submission notifying a payment in respect of the employee on or before 19 March 2020, if the work has ceased temporarily because of Coronavirus.

Is there a different pay for Bank Holidays whilst furloughed?

Yes, holidays should be paid at the contractual rate.

Can you top up above 100%? ie where pay raises have been agreed and employers want to honour them?

Yes, that is fine - however, you will only be able to claim back the 80% on the previous rate of pay.

Furloughing and shielding

Is the refusal to agree to furlough terms sufficient reason to make someone redundant?

You wouldn't just be able to make that particular employee redundant but refusal may lead to a redundancy situation in the overall workplace.

Can an employer refuse to furlough someone that is over 70 and wants to isolate?

It is up to the employer if furlough an employee - if you refuse you need to avoid any discrimination.

If someone is unable to work because he is shielding his wife can he be paid ssp as his employer doesn't want to furlough him?

The SSP Regulations state that a shielding employee is one who is extremely vulnerable and at-risk should they come into contact with Coronavirus and have received such notification from the correct body with a shielding period on, therefore they are not entitled to SSP. Any SSP paid is not re-claimable.

Can Employee be on furlough for 3 weeks following 1 week off the scheme with the normal wage paid and after again 3 weeks on furlough?

Yes, you can make more than one claim as long as there is a minimum 3 week period.

Directors

Is there any way to furlough a sole director who has been paid yearly?

You can only furlough if the individual is PAYE and must have been on the payroll on 19 March 2020. That means that they must have been notified to HMRC via an RTI submission on or before that date.

Can a one-man co. director furlough?

You can only furlough if the individual is PAYE and must have been on the payroll on 19 March 2020. That means that they must have been notified to HMRC via an RTI submission on or before that date.

We have been advised that furloughed directors can't work for their company. So, can they take self-employed work?

There is nothing in the guidance that states that employees that have been furloughed cannot work anywhere else as long as their contract of employment supports this.

Can a furloughed OMB director take on self-employed work? e.g. I have a client who has been approached to carry out work under CIS while furloughed. He did not approach the contractor so was not seeking work. Would it make a difference if he worked on a labour-only basis rather than supplying materials?

As long the Director and employer can demonstrate that they are not working for their employer / providing a service to their employer and the current employer is happy for them to do so.

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