The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
“That Friday feeling” has been redefined during this pandemic. Pre Covid-19, it was a feeling of kicking back and easing ourselves into the weekend. Now it seems to be characterised by an anxious wait for new Government guidance with a vain hope it will be published at a reasonable working hour. And so it was with the Government guidance on the new flexible furlough arrangements, published at 9.30 pm on Friday 12 June!
The three key guidance documents can be found here:
And their essential ingredients are as follows;
- Post 1 July, employers can only make claims for employees who have been previously furloughed for a minimum of three weeks at any time between 1 March and 30 June 2020. The last date for “enrolling” employees on the Coronavirus Job Retention Scheme (CJRS) was 10 June 2020.
- The only exemption to this is for employees returning from statutory parental leave (maternity, paternity, adoption, shared parental leave and parental bereavement leave). Employees who started their statutory parental leave period before 10 June and returned after 10 June and were on their employer’s payroll on or before 19 March 2020 can still be furloughed after 10 June 2020 for the first time.
- Post 1 July, employers can furlough employees on a flexible basis “for any amount of time and any shift pattern” whilst still being able to claim under the CJRS for hours not worked. This is provided that these employees were furloughed for three consecutive weeks at any time between 1 March 2020 and 30 June 2020. Employers must pay the employee for the hours worked but the non-working hours can be reclaimed under the CJRS.
- Where necessary, employees who had been furloughed for 3 consecutive weeks before 1 July can still be fully furloughed after 1 July 2020, there is no requirement to flexibly furlough. The cost, however, to the employer will start to rise from 1 August 2020 as outlined in our previous ebriefing.
- Employers must agree the flexible furlough arrangements with the employee and retain a copy of this written agreement. The employee guidance notes that that employer must “agree this [flexible furlough arrangements] with you”. This differs from full furlough agreements where the employee guidance notes that “this [furlough agreement] must be confirmed to you”. Practically speaking this makes sense; an employer will need to know that an employee is aware of which days/shifts they are required to work and has agreed to this pattern. Contrast this with a full-time furlough agreement where the requirement is simply not to attend work.
- The number of furloughed employees an employer can claim for in any one single claim under the CJRS post 1 July cannot exceed the maximum number claimed in any one single claim between 1 March and 30 June 2020. For example, any employer who made claims in April, May and June of 20, 40 and 25 employees respectively cannot claim for any more than 40 employees in any one claim period from 1 July.
- Flexible furlough agreements can last for any period of time as the 3-week minimum period has been removed. The minimum claim period is now 7 calendar days.
This information was current and correct at the time of publication on 15 June.
For more information
For further information please contact Matthew Wort.
Changing charitable purposes and amending governing documents.
Charity registration financial thresholds.
One of the stated aims of the Green Paper is “to deliver the best commercial outcomes with the least burden on the public sector".
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the Green Paper.
Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
On 11 February 2021, the Pension Schemes Act 2021 was given royal assent, setting out a framework for several major changes that will certainly be of interest to employers and pension funds alike.
Matthew Wort, partner, speaks on today’s Supreme Court judgment for sleep-in shifts.
The Supreme Court has today (19 March 2021) handed down judgment in the cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (t/a Clifton House Residential Home).
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.