Furlough Guidance and Legislation (November 2020)

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Xeinadin Group

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Furlough guidance and legislation was issued at the end of last week, here are our takeaways from it:

1. Annual PAYE scheme directors

  • Seems they will qualify if they have an RTI dated between 20/3/20 & 30/10/20
  • Neither the guidance nor legislation mentions anything about the RTI also having to be in this tax year

2. Maximum number of employees on a claim

  • No maximum number of employees on a furlough claim from 1st November

3. Claim period minimum 7 days

  • No minimum furlough period but a claim form is for minimum of 7 days

4. Holiday pay

  • “Employees should not be placed on furlough for a period simply because they are on holiday for that period.” So furlough must extend pre and/or post holiday days and the employer needs to top up holiday pay to usual amounts

5. Notice periods

  • Companies won’t be able to use furlough to contribute towards pay for notice periods from 1st December

6. Publishing companies names

  • Companies claiming furlough will be published from 1st December
  • There can be exceptions if publication would risk violence or intimidation, check guidance for examples and action you need to take if this could be an issue

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