Returning to work after lockdown: changes to the furlough scheme and other practical issues Stephen ten Hove, Greg Burgess and Abigail Maino WWW.DMHSTALLARD.COM
A reminder: CJRS to date • For a minimum of 3 weeks • Cannot work for employer • 80% of salary plus employer NICs and pension contribution paid by Government Has proved popular : to 24 May • 1 million employers have furloughed 8.4 million employees and the CJRS has paid out £15 billion to date WWW.DMHSTALLARD.COM
CJRS changes from 1 July 2020 Y ou can only claim Y ou cannot make a new claim under after 30 June for the CJRS after 30 June 2020 those employees who have already been furloughed for 3+ weeks So if an employee is not furloughed Employees can return to work by 10 June 2020 part-time from 1 July 2020 and no claim can be can claim furlough for the time made they are not at work WWW.DMHSTALLARD.COM
Part time working • Are you planning to have employees both working part time and on furlough part time? Poll WWW.DMHSTALLARD.COM
Changes from 1 August 2020 The Government’s support to furlough will be reduced from 1 August 2020: In August 2020: employers will have to pay employer NIC and pension contribution on furlough payments In September 2020: employers will pay what they paid in August plus 10% of employee furlough cost. Furlough grant capped at £2,187.50 In October 2020: as September, but the employer contribution to furlough is 20% so furlough pay capped at £1,875.00 WWW.DMHSTALLARD.COM
An employee works a 38 hour week for £30,000 pa. A simple example In August 2020: £1,250 Returns to work for 19 salary plus employer NIC hours a week plus pension (+£1,000 CJRS payment) In September 2020: October 2020: £1.250 £1,250 salary plus plus tax plus NI plus employer NIC plus pension plus £200 pension plus £100 furlough contribution (+ furlough contribution £800 CJRS payment) (+£900 CJRS payment) WWW.DMHSTALLARD.COM
Points to note from 1 August... CJRS payments will Periods of work CJRS claims cannot be made against must be for at least be made across “ normal hours not a week different months worked” The employer must agree any new work Further detailed and furlough with guidance on August the employees “and – October CJRS confirm that expected 12 June agreement in 2020 writing” WWW.DMHSTALLARD.COM
The missing bits What will happen after 31 October 2020? WWW.DMHSTALLARD.COM
Q&A WWW.DMHSTALLARD.COM
Health and safety obligations Implied duty in employment contracts Statutory duties: • Health and Safety at Work Act 1974 • PPE Regulations 1992 Government guidance on COVID return to work WWW.DMHSTALLARD.COM
When planning for a return to work Undertake a risk assessment Consult and engage with staff Share the risk assessment Implement the risk assessment Follow all other steps in the government COVID-19 guidelines WWW.DMHSTALLARD.COM
Returning to work • Have you had any employees reluctant to return to work because of health and safety concerns arising from COVID-19? Poll WWW.DMHSTALLARD.COM
The law Section 44 and section 100 Employment Rights Act 1996 • The right not to suffer a detriment, or be dismissed where employees raise health and safety concerns Whistleblowing protection • Qualifying disclosure of information • Breach of a legal obligation/ danger to health and safety • In the public interest WWW.DMHSTALLARD.COM
Putting the guidance into practice Getting to work • Avoid public transport • Cycle racks? • Efficient use of parking spaces The working day • Consider staggering start and finish times • T eams A and B • Alternate weeks in the office • Deep clean at the weekends WWW.DMHSTALLARD.COM
Putting the guidance into practice The new office environment WWW.DMHSTALLARD.COM
Putting the guidance into practice The new office environment WWW.DMHSTALLARD.COM
Wellness and mental health Bereavement; anxiety over work, finances, family ACAS Guidance • Worrying about working from home, returning to work, the commute, the office environment • Appoint mental health champions • Set up mental health support group • Counselling and EAPs Mind – published Wellness Action Plans WWW.DMHSTALLARD.COM
Q&A WWW.DMHSTALLARD.COM
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