16 November 2020

New CJRS Treasury Direction and clarity on notice pay

Under the guise of a 'change to the guidance' email, which usually means an error has been rectified or there has been some other minor amendment, the Government has now clarified the position on notice and the Coronavirus Job Retention Scheme (CJRS). The amended guidance makes it clear that an employer cannot claim under the scheme for any period on or after 1 December 2020 during which a furloughed employee is under notice of termination, whether contractual or statutory.

The guidance also expands on the Government's earlier promise to make public details of claims under the scheme. HMRC will publish employers names (and the Company registration number where relevant) and an indication of the value of the claim for those who make claims after 1 December 2020. An exception will apply where an employer can show that publicising these details would result in a serious risk of violence or intimidation to their workforce.

The amended guidance is here and here.

As well as issuing the guidance on Friday 13 November 2020, HM Treasury also published a new Treasury Direction formally extending the CJRS until 31 March 2021, setting out the details of how it will operate until 31 January 2021 and withdrawing the Coronavirus Job Retention Bonus.

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