2. Flexible Furloughing – what you
need to know
From 1 July 2020, employers can bring furloughed employees
back to work for any amount of time and any work pattern, while
still being able to claim under the Coronavirus Job Retention
Scheme for the hours not worked on a pro rata basis.
3. • You can only claim for employees that have
previously been furloughed for at least 3 consecutive
weeks between 1 March and 30 June 2020. The last
day an employee could have started furlough for the
first time was therefore 10 June.
Flexible Furloughing – what you
need to know
4. • There is an exception to the 10 June deadline for
anyone returning from maternity, adoption,
paternity, shared parental or parental bereavement
leave and these employees will be eligible for the
scheme even if they had not been previously
furloughed by 10 June, provided the employer has
used the scheme for other eligible employees by that
date.
Flexible Furloughing – what you
need to know
5. • Flexible furloughing must be agreed with employees
and confirmed in writing (the confirmation must be
retained for 5 years). Existing furlough
letters/agreements will need to be reviewed if you
are to flexibly furlough as previous letters should
have made clear that the employee could not carry
out any work whatsoever. We can provide an
agreement for you.
Flexible Furloughing – what you
need to know
6. • From 1 July, flexible furlough agreements can last any
amount of time and the minimum 3 week period no
longer applies. It is worth bearing in mind however
that the minimum period of time you can claim for
under the scheme is 7 days. Also, any employee
furloughed before 1 July must still be furloughed for
at least 3 weeks.
Flexible Furloughing – what you
need to know
7. • Flexible furloughing agreements can be entered into
more than once which means rotas can continue to
be used provided the employees have previously
been furloughed for at least 3 consecutive weeks
between 1 March and 30 June 2020.
Flexible Furloughing – what you
need to know
8. • Employees cannot do any work for you if they
continue to be fully furloughed or during the hours
that they are furloughed if they are flexibly
furloughed. They can however continue to take part
in training, volunteer for another employer or
organisation and work for another employer (if
permitted by you).
Flexible Furloughing – what you
need to know
9. • For flexible furloughing, you will need to provide and
keep a record of the number of hours the employee
usually works, the number of hours actually worked
and the number of hours they were furloughed. You
must keep a copy of all relevant pay roll records for 6
years. In respect of calculating the hours, there are
different and complex calculations depending upon
whether the employee has fixed or variable hours or
variable pay.
Flexible Furloughing – what you
need to know
10. • By way of a reminder, employers have to contribute
to their furloughed employee’s wages as of 1 August
2020.
Flexible Furloughing – what you
need to know
11. • If you are contemplating making redundancies, note
redundancy payments can’t be claimed under the
scheme although notice pay (but not payments in
lieu of notice) and holiday pay can be claimed.
Flexible Furloughing – what you
need to know
12. • The maximum number of employees you can claim for in any
single claim period starting from 1 July cannot exceed the
maximum number of employees you claimed for under any
claim ending by 30 June. For example, if you previously
submitted three claims between 1 March 2020 and 30 June, in
which the total number employees furloughed in each
respective claim was 30, 20 and 50 employees, then the
maximum number of employees you could furlough in any
single claim starting on or after 1 July would be 50.
Flexible Furloughing – what you
need to know
13. Sarah Furness
T: 0191 227 6722
E: sarah.furniss@hay-kilner.coc.uk
Flexible Furloughing – what you
need to know
Sarah Hall
T: 0191 227 6730
E: sarah.hall@hay-kilner.coc.uk
For further info, please get in touch
