What is Flexi-Furlough, and How Can Businesses Start Using it?

August 14, 2022

Furlough has been a newly implemented support system for employers and employees to remain employed without extra impact on the business, and without feeling a need to fire employees due to the Covid-19 impact on companies. The government has announced that changes will have to be made to the scheme, as the lockdown starts to lift, and employers need to provide more support and start the return to work process over the coming months.

The rules for Furlough, and what will change

The Job Retention Scheme was created to help business owners throughout the lockdown, so that employees who could not work due to the outbreak would still have 80% of their income paid by the government, with the option to "top up" the salary by the employer. This scheme was to help ease the drastic downturn of business for companies throughout the UK, who felt that they may have to make employees redundant due their jobs being impossible to do during the lockdown.Employees who were previously furloughed for three weeks prior to 30th June can continue to be part of the scheme, but if they were not put on furlough before this date, they cannot be put on Furlough thereafter. Employees do not need to be on Furlough on the 30th June to be part of the extended scheme, they can work at the end of June and be re-furloughed as long as they have been Furloughed before, and companies who have used the scheme cannot exceed the number previously claimed for.If a company has not used the scheme, they cannot now add employees to the scheme. However, if an employee has returned from maternity or other family leave, they can be added to the Furlough scheme, but this is the only exception to the "no new Furloughs" rule.

  • From the 1st July there will be changes made to the way claims must be made and flexible Furlough will start to be permitted from this date, with no change to the financial support offered by the government.
  • From 1st August, the monthly cap on the Furlough grant will remain at 80% of the employee wage capped at £2,500, but employers will be required to meet the cost of employer NICs and Pension Contributions.
  • From 1st September, employers will now have to pay 10% towards employee's wages, this means the monthly cap on the Furlough grant will reduce to £2,187.50.
  • From 1st October, an employer's contribution to the employee's wages will increase to 20%, meaning the monthly cap on the Furlough grant will reduce to £1,875.
  • 31st October will be the end date of the Furlough scheme.

How to make a claim on Furlough, from 1st July 2020

There will be new changes made from 1st July 2020, and they are:

  • Any claim in the period before 30th June must be made by 31st July
  • For the period after 1st July, a claim must start and end within the same calendar month, to accommodate the changes which are month to month. It will be possible to make more than one claim in each month, but each claim must be for a period of at least 7 days.  However, there is one exception to the 7 day rule - if you are making a claim for a few days at the start or end of a month for weekly employees and the month end means there is a week split across two months, you will need to make 2 claims (one per month).
  • You do not have to start Flexible Furlough, and can keep employees on full Furlough, but stick to the new grant requirements, until 31st October 2020.

How Flexi-Furlough Will Work

It will be possible to permit employees to work for some or part days, and be Furlough for others from 1st July, with the cap on the Furlough grant being proportional to the hours not worked.Any working pattern will be permitted under the Flexible Furlough Scheme, with no restriction on the length of time that it must last, but if you wish to agree a flexible Furlough arrangement, you must create a new agreement with your employee to sign.If you are choosing to start Flexible Furlough, you will have to have additional record keeping, with a requirement of keeping the records for 6 years of the usual hours worked by each employee and the actual hours worked. HMRC will potentially retain the right to inspect Furlough records during this period to satisfy that the companies have operated with the scheme correctly.HMRC will also have the right to take back any payments that have been made because of incorrect or illeagal practices. You are required to calculate a baseline number of usual hours in order that these can be compared with actual hours worked, and this will then be used to help calculate the grant permitted for Flexi Furloughed workers. Luckily, there is a mechanism where you can correct a claim if you have discovered an error with the exact number of hours an employee has worked and would have worked during the claim period.It is essential that, as an employer, you understand the requirements of the scheme, and decide if employees can start to return to work under the flexible Furlough scheme, and set in place the new agreements and the record-keeping requirements prior to the 1st July 2020 deadline. This does mean a lot more work on the calculation and legal side, but will ensure that you can start to have employees return to work safely.

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