Coronavirus (COVID-19) UPDATE: See details

On Friday 20th March 2020, the UK Government announced the Coronavirus Job Retention Scheme

Under the new Scheme, all UK employers will be able to access additional financial support from the Government in order to continue paying part of their employees’ salaries. In particular, the salaries of those employees that will otherwise be laid off (or, ‘made redundant’) in light of the COVID-19 outbreak.

All UK employers are eligible for the Scheme: it is irrelevant whether the employer is a sole trader, a partnership or a limited company etc..

In order to access the Scheme, employers will have to designate affected employees, labelled under the Scheme as “furloughed workers”. The employer must then notify any affected employees that they have been designated a “furloughed worker”.

Please note, “furloughed worker” is not a concept recognised in English law

Chancellor Rishi Sunak announced the measures on Friday 20th March

Does this mean that the employer can simply tell the employee that they are a “furloughed worker”?

The starting point to look at is whether the employer has the contractual right to lay off the employee under their contract of employment. If such contractual right exists, the employer will be able to tell the employee that they are a “furloughed worker”.

In the absence of such an express contractual right, the employer will need to obtain the employee’s agreement, consenting to effectively being laid off and becoming a “furloughed worker”.

Is an employee likely to agree to become a “furloughed worker”?

It is highly likely that an employee will agree to become a “furloughed worker”. This is because the alternative to agreeing to the change is likely to be redundancy – in which case the employee would be entitled to redundancy pay: such redundancy pay available only where the employer could afford to pay and where the employer has not gone insolvent. Failing this, they would be left looking to the Government to pay out their redundancy pay. Following redundancy, the employee would also be left to face a very unstable job market. Alternatively, where the employer has the contractual right to lay off an employee, they could simply send them home, without pay.

The employee’s option of receiving 80% of their earnings through the Scheme and yet still retaining their employment, is therefore an attractive option to agree to.

What do employers do once they have designated a “furloughed worker”?

Employers must submit information to HMRC about the “furloughed worker” and their earnings via the online HMRC portal (which is to be set up imminently). Under the Scheme, HMR

For further details please contact; 

ami@travlaw.co.uk 

or call;

0113 258 0033

 

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