On 17 July, HMRC updated its guidance: Check which employees you can put on furlough to use the Coronavirus Job Retention Scheme to make it clear under the heading ‘If you’ve made your employees redundant’ that employers can continue to claim for a furloughed employee who is serving out a statutory or contractual notice period. A previous change on 10 July which stated that a CJRS grant may be used to pay an employee during their ‘statutory notice period’. That created uncertainty as to whether a CJRS grant could be used to pay an employee working out the whole of a contractual notice period which provided more than the statutory minimum. The 17 July update now removes that doubt. The rule within the redundancy provisions that CJRS grants cannot be used to substitute redundancy payments remains.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.