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Flexible Furlough Scheme Changes

Employment Law

From 1st July 2020, employers are able to bring back employees who were previously furloughed on a part-time basis. Furloughed employees will continue to receive 80% of their salary for the hours that they do not work and employers will have to pay staff 100% of their staff wages for the hours they work. The flexible furlough scheme is available until 31st Octobers 2020.

Can employers choose the working hours of returning employees?

Employers are able to choose the hours and shift patterns of returning employees to accommodate their business needs however, each employee will also need to agree on the arrangements being made regarding their part-time work. A written agreement should be produced, and this should be stored for a minimum of five years.

Additionally, employers will need to keep a record of the hours that each individual will be working and the hours that they are furloughed.

Eligibility and Conditions

In order to be eligible for the flexible furlough scheme, the following conditions must be me met:

• The furlough scheme is only available to employees who were furloughed on or prior to the 10th June 2020, although employees that are returning to work after taking statutory leave are exempted from this requirement.
• Employees must have been furloughed previously for a minimum of 3 consecutive weeks between 1st March and 30th June 2020.
• Employees that are returning to work after a long-term sickness cannot be furloughed.

Additional Changes

From 1st August, Employers will be expected to contribute a share of the job retention scheme grant covering the costs of National Insurance and pension contributions for furloughed workers. Employees will continue to receive 80% of their salaries.

For further advice regarding the Flexible Furlough Scheme, contact our employment law team today.

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