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On 27 March the government amended the Working Time Regulations 1998 (WTR) to allow workers to carry forward unused holiday for up to two years where they have been unable to take it due to COVID-19.
Yes. You will continue to accrue leave in the usual way during your time on furlough. The government have not made it clear what you should be paid but our view is that you should be paid 100% and in line with your salary for the time that you are on leave. Your employer can recover 80% through the HMRC Job Retention Scheme but must top up the 20%.
The Working Time Regulations allow your employer to require you to take leave. They must give you double the amount of notice that they want you to take as leave. So if they want you to take one week of leave, you would need to be given two weeks’ notice. This does still apply.
So yes, you can be required to take holiday while on furlough but your employer will need to think carefully about this and if doing this means you will have little or no leave when you come out of furlough, you may want to take advice. Again, you should get full pay while taking holiday even when furloughed.
HMRC will contact you directly and you will have to complete a form. HMRC will then pay the grant directly to bank accounts and the aim is for this to be implemented in June (backdated by three months).
In order to lawfully exercise lay-off or short-time working, your contract must have a clause allowing your employer to do so. In this situation, you would not receive your normal pay and, depending on the length of the lay-off or short-time working, you may be able to claim for redundancy pay. If your employer wanted to reduce your hours, they would need to consult and reach an agreement with you.
Your employer should hold meetings with employees informing them that redundancies are possible. Your employer should consider ways of avoiding redundancy but in the circumstances - such as placing you on furlough leave - if there are no alternative options they may be forced to terminate your contract of employment. Your redundancy pay will depend upon your age, weekly pay and length of service.
If you were made redundant after 19 March 2020 (formerly 28 February 2020), your former employer could re-engage you and place you on furlough leave, claiming under the Job Retention Scheme. Ultimately employers should be looking to avoid redundancies by using the scheme.
If your place of work has shut down (but not closed) or there’s no work for you because of coronavirus, you can carry on getting paid. Your employer can use the government Coronavirus Job Retention Scheme (CJRS) to pay you while there’s no work to do.
If your employer applies to the scheme, you’ll be paid 80% of your normal pay up to a maximum of £2,500 per month. This will continue until the government ends some time in July 2020 or you return to work. Under the scheme, your normal pay does not include bonuses or commission that are discretionary but if your contract entitles you to commission, you should be paid 80% of this so long as you are not exceeding £2,500 for the month’s pay.
The 80% does not include benefits that are non-monetary such as a company car. Your employer may choose to ‘top up’ your pay by 20% to give you full pay but in most cases, the chances are they probably won’t.
When your employer applies for money through the scheme, they have to pay you for any time you were sent home from 1 March 2020. This is called ‘backdating’ your pay. Your employer still has to pay you on the usual pay date regardless of whether the claim from the scheme has paid out unless you agree otherwise with your employer.
The Coronavirus Job Retention Scheme (CJRS) only covers you if you’re not working. If you’re working from home you should get your normal pay from your employer.
The CJRS has been extended until October 2020 but it is unlikely that the contribution will still be 80% especially if you work outside of the hospitality and entertainment sector.
This means your employer is using the Coronavirus Job Retention Scheme as there is little or no work for you to do. You will still remain employed while you are not working - this is called being a ‘furloughed worker’.
If your employer has selected you to be furloughed, they will need to notify you and obtain your agreement and keep that agreement for 5 years. If there is no clause in your contract that allows your employer to change your terms and conditions, your employer will need to consult with you and agree this change. There is no requirement to have a response from you in writing but there must be an agreement.
If your employer does not comply with this, there could be an issue in that your wages are being unlawfully deducted and your employer may have a bigger issue in raising a successful claim through the Job Retention Scheme.
You can be furloughed for a minimum of three weeks and a maximum of three months. You can be furloughed multiple times. So it is possible for you to be furloughed, return to work after say three weeks, and then be re furloughed if the situation has not changed.
You cannot work for an employer that has placed you on furlough leave. You are not allowed to work at all for that employer and you cannot participate in any work that generates income for the business. However, you can complete training.
If you have two jobs and are not furloughed by both employers, you can continue to work for the employer that does put you on furlough. So, you can be furloughed and be paid 80% of your wages but work for another company and receive full pay. If your contract of employment does not allow you to work for another company, you are likely to be in breach of your contract so ensure that you check this first and, if in doubt, take advice.
Yes. But your employer must ensure that you are paid in line with the National Minimum Wage. Whilst you are not able to work, you are able to continue with training to further your qualification if possible from home.
You will be entitled to SSP (subject to the usual eligibility criteria) if you are self-isolating (your contract of employment may provide for enhanced pay). This also applies to those who are self-isolating as a result of members of their household who have COVID-19 symptoms. You cannot be furloughed while you are off sick and in receipt of SSP but when you are declared fit to return, it is possible for you be placed on the furlough scheme.
The Government launched the new ‘Test and Trace’ system on 28th May 2020 in England. If you are told that you have been in contact with a person that has coronavirus, you will be required to self isolate for 14 days. If this happens to you, you will be entitled to receive SSP.
As long as you meet the usual eligibility criteria for SSP, you will be entitled to the same. You should check your contract of employment as you may be entitled to an enhanced rate of sick pay.
You may ask to take holiday instead of sick leave however this will generally be at the discretion of your employer who may refuse as annual leave should be used for rest away from work and not recovering from illness. If you are sick, you will be paid SSP or sick pay if you are entitled to it via your contract of employment.
In this situation, you would usually be entitled to unpaid time off (time off for dependents). You may request annual leave but this will be at the discretion of your employer. If you are unable to work because you have caring responsibilities resulting from COVID-19, you can be furloughed but this is ultimately a decision for your employer to make. There is no right to be furloughed on this basis.
If you are struggling to work from home due to caring responsibilities, it is advisable to discuss furlough with your employer but remember, you cannot carry out any work for the business if you are placed on leave.
The government has confirmed that employees or workers caring for an elderly or sick relative with coronavirus are entitled to Statutory Sick Pay (SSP). If you need to look after a sick or elderly relative as an emergency you could apply for unpaid leave. If you need to care for a sick or elderly relative on a long term basis you can request to work flexibly or you may request to be furloughed. However, the decision to furlough you will be with your employer.
There is no change to the rules on maternity or paternity leave if you are receiving statutory maternity or paternity pay. If you are entitled to enhanced pay through your contract, your employer can claim 80% of this back through the job retention scheme.
The guidance from the Government is being updated regularly. You can find out further COVID-19 information by visiting the UK government COVID-19 employee pages.
The Foreign & Commonwealth Office (FCO) currently advises against all non-essential overseas travel for British nationals for the foreseeable future. Lack of clarity on the period of restriction is largely due to the unprecedented international border closures and various restrictions.
Booking any holiday obviously does carry a degree of risk. Due to the uncertainty of the current climate it is possible that the airline or the tour operator may no longer exist at the time of the holiday. To minimise such risk there are few steps that can be taken:
Nevertheless, it is best to wait for the situation to stabilise before proceeding with any bookings.
Businesses providing holiday accommodation have been advised by the government to close for commercial use. There are few exception where holiday accommodating could still be provided; for example to key workers or vulnerable groups.
Following on from the government’s guidance on social distancing in relation to COVID-19, people are also advised to avoid travelling unless it is essential. If one is planning on booking a place on AirBnB for the purposes of self-isolation or a holiday then this would be against the government guidance. Most people should therefore not place a booking on AirBnB unless the stay is essential; for example, an NHS worker having to stay at a different location due to work commitments.
Under the Consumer Rights Act 2015, the trader must deliver the goods to the consumer without undue delay and within 30 days after the contract is made, unless a separate agreement is reached between the consumer and trader.
If the goods are not delivered within the 30 day period or the agreed time, the consumer can impose a timeframe within which the trader is required to deliver the goods. If the trader again fails to deliver the goods in this time frame, then the consumer may treat the contract as at an end and ask for a refund.
Government guidance has outlined that “Where parents do not live in the same household, children under 18 can be moved between their parents’ homes.”
The Head of the Family Law Division, Sir Andrew McFarlane has offered guidance in relation to this matter, expressing that this does not mean children must move between their parents’ homes. Parents should:
If parents cannot reach agreement, it is suggested that they each take legal advice.
The government has urged childcare providers to be reasonable in relation to charging parents fees. A number of measures have been put in place to assist businesses financially in order to try and limit the detrimental impact COVID-19 has on both parents and child care settings.
Many childcare services are not charging during this time but this does not mean that all are taking the same approach. The contract between the parents and the childcare provider should be considered in terms of whether this gives guidance on a situation such as COVID-19.
A parent should take legal advice on this matter, as failure the pay fees could result in a breach of contract.
Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created. Note that the information was accurate at the time of publication but laws may have since changed.
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DAS Coronavirus customer updates