London, 03. Nov 2020  |  Just as the recent announced amended Job Support Scheme was about to commence, the position has changed again… and in a big way. The Coronavirus Job Retention Scheme (CJRS) is continuing.

On Saturday, HM Treasury announced that the CJRS, which was due to come to an end that day, would be extended, to provide support to businesses and employees during the new national lockdown due to begin on Thursday 5 November. In summary:

The CJRS remains available to businesses as of 1 November and will be open until December.
The level of support available under the extended scheme mirrors that available under the CJRS in August, with the Government paying 80% of wages up to a cap of £2,500.
Flexible furloughing is allowed under the extended CJRS, as well as full-time furloughing.
The Job Support Scheme, which was scheduled to come into effect today, has been postponed until the CJRS ends.

The HM Treasury press release outlines the eligibility rules governing the extended CJRS. It states that:

Neither the employer nor the employee needs to have previously used the CJRS, and that the scheme is available in respect of employees who were on the employer’s PAYE payroll by 23.59 on 30 October 2020.
Employers can claim the grant for the hours that their employees are not working, calculated by reference to their usual hours worked in a claim period.
When claiming the CJRS grant for furloughed hours, employers need to report and claim for a minimum period of seven consecutive calendar days. For hours not worked by the employee, the Government will pay 80% of wages up to a cap of £2,500, which must be paid to the employee in full.
Employers will pay employer NICs and pension contributions, and should continue to pay the employee for hours worked in the normal way.
As previously under the CJRS, employers are still able to choose to top up employee wages above the scheme grant at their own expense if they wish.

We expect the Government to confirm soon when claims can first be made in respect of employee wage costs during November, but we understand that there will be no gap in eligibility for support between the previously announced end-date of the CJRS and this extension. As always, the devil will be in the detail and we expect the Government to publish further information and guidance shortly.

If you are struggling to keep up with the volume of changes and last minute about-turns in policy on employee support, you are not alone. These are frustrating and unprecedented times for all.

If you require any further advice on this or any other employment matter, then please do not hesitate to contact Jonathan Bruck.

This article is provided for general information purposes only. Although every effort has been made to ensure that the information in this article is accurate, it does not constitute legal advice and should not be relied on as such. Should you require legal advice, please do not hesitate to contact us.

Kerman & Co Solicitors
Jonathan Bruck, Partner, Head of Employment
Direct Line: +44(0)207 539 7305

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