Last night HMRC issued
further guidance regarding the Coronavirus Job Scheme, please see below for
updated details.
The Coronavirus Job Retention Scheme is a temporary scheme open to all UK
employers for at least three months starting from 1 March 2020. We expect the
scheme to be up and running by the end of April. It is designed to support
employers whose operations have been severely affected by coronavirus
(COVID-19).
Employers can
use a portal to claim for 80% of furloughed employees’ (employees on a leave of
absence) usual monthly wage costs, up to £2,500 a month, plus the associated
Employer National Insurance contributions and minimum automatic enrolment
employer pension contributions on that wage. Employers can use this scheme
anytime during this period.
The scheme is
open to all UK employers that had created and started a PAYE payroll scheme on
28 February 2020.
Who can claim
Any UK
organisation with employees can apply, including:
- businesses
- charities
- recruitment
agencies (agency workers paid through PAYE)
- public
authorities
You must have
created and started a PAYE payroll scheme on or before 28 February 2020 and
have a UK bank account.
Where a
company is being taken under the management of an administrator, the
administrator will be able to access the Job Retention Scheme.
Public sector organisations
The
government expects that the scheme will not be used by many public sector
organisations, as the majority of public sector employees are continuing to
provide essential public services or contribute to the response to the
coronavirus outbreak.
Where
employers receive public funding for staff costs, and that funding is
continuing, we expect employers to use that money to continue to pay staff in
the usual fashion – and correspondingly not furlough them. This also applies to
non-public sector employers who receive public funding for staff costs.
Organisations
who are receiving public funding specifically to provide services necessary to
respond to COVID-19 are not expected to furlough staff.
In a small
number of cases, for example where organisations are not primarily funded by
the government and whose staff cannot be redeployed to assist with the
coronavirus response, the scheme may be appropriate for some staff.
Employees you can claim for
Furloughed
employees must have been on your PAYE payroll on 28 February 2020, and can be
on any type of contract, including:
- full-time
employees
- part-time
employees
- employees
on agency contracts
- employees
on flexible or zero-hour contracts
The scheme
also covers employees who were made redundant since 28 February 2020, if they
are rehired by their employer.
To be
eligible for the subsidy, when on furlough, an employee can not undertake work
for or on behalf of the organisation. This includes providing services or
generating revenue. While on furlough, the employee’s wage will be subject to
usual income tax and other deductions.
This scheme
is only for employees on agency contracts who are not working.
If an
employee is working, but on reduced hours, or for reduced pay, they will not be
eligible for this scheme and you will have to continue paying the employee
through your payroll and pay their salary subject to the terms of the
employment contract you agreed.
Employers
should discuss with their staff and make any changes to the employment contract
by agreement. When employers are making decisions in relation to the process,
including deciding who to offer furlough to, equality and discrimination laws
will apply in the usual way.
To be
eligible for the subsidy employers should write to their employee confirming
that they have been furloughed and keep a record of this communication.
Employees
hired after 28 February 2020 cannot be furloughed or claimed for in accordance
with this scheme.
You do not
need to place all your employees on furlough. However, those employees who you
do place on furlough cannot undertake work for you.
If your employee is on unpaid leave
Employees on
unpaid leave cannot be furloughed, unless they were placed on unpaid leave
after 28 February.
If your employee is on Statutory Sick Pay
Employees on
sick leave or self-isolating should get Statutory Sick Pay, but can be
furloughed after this.
Employees who
are shielding in line with public health guidance can be placed on furlough.
If your employee has more than one job
If your
employee has more than one employer they can be furloughed for each job. Each
job is separate, and the cap applies to each employer individually.
If your employee does volunteer work or training
A furloughed
employee can take part in volunteer work or training, as long as it does not
provide services to or generate revenue for, or on behalf of your organisation.
However, if
workers are required to for example, complete online training courses whilst
they are furloughed, then they must be paid at least the NLW/NMW for the time
spent training, even if this is more than the 80% of their wage that will be
subsidised.
If your employee is on Maternity Leave, contractual adoption pay,
paternity pay or shared parental pay
Individuals
who are on or plan to take Maternity Leave must take at least 2 weeks off work
(4 weeks if they work in a factory or workshop) immediately following the birth
of their baby. This is a health and safety requirement. In practice, most women
start their Maternity Leave before they give birth.
If your
employee is eligible for Statutory Maternity Pay (SMP) or Maternity Allowance,
the normal rules apply, and they are entitled to claim up to 39 weeks of
statutory pay or allowance.
Employees who
qualify for SMP, will still be eligible for 90% of their average weekly
earnings in the first 6 weeks, followed by 33 weeks of pay paid at 90% of their
average weekly earnings or the statutory flat rate (whichever is lower). The
statutory flat rate is currently £148.68 a week, rising to £151.20 a week from
April 2020.
If you offer
enhanced (earnings related) contractual pay to women on Maternity Leave, this
is included as wage costs that you can claim through the scheme.
The same
principles apply where your employee qualifies for contractual adoption,
paternity or shared parental pay.
Work out what you can claim
Employers
need to make a claim for wage costs through this scheme.
You will
receive a grant from HMRC to cover the lower of 80% of an employee’s regular
wage or £2,500 per month, plus the associated Employer National Insurance
contributions and minimum automatic enrolment employer pension contributions on
that subsidised wage. Fees, commission and bonuses should not be included.
At a minimum,
employers must pay their employee the lower of 80% of their regular wage or
£2,500 per month. An employer can also choose to top up an employee’s salary
beyond this but is not obliged to under this scheme.
We will issue
more guidance on how employers should calculate their claims for Employer
National Insurance Contributions and minimum automatic enrolment employer
pension contributions, before the scheme becomes live.
Full time and part time employees
For full time
and part time salaried employees, the employee’s actual salary before tax, as
of 28 February should be used to calculate the 80%. Fees, commission and
bonuses should not be included.
Employees whose pay varies
If the
employee has been employed (or engaged by an employment business) for a full
twelve months prior to the claim, you can claim for the higher of either:
- the
same month’s earning from the previous year
- average
monthly earnings from the 2019-20 tax year
If the employee
has been employed for less than a year, you can claim for an average of their
monthly earnings since they started work.
If the
employee only started in February 2020, use a pro-rata for their earnings so
far to claim.
Once you’ve
worked out how much of an employee’s salary you can claim for, you must then
work out the amount of Employer National Insurance Contributions and minimum
automatic enrolment employer pension contributions you are entitled to claim.
Employer National Insurance and Pension Contributions
All employers
remain liable for associated Employer National Insurance contributions and
minimum automatic enrolment employer pension contributions on behalf of their
furloughed employees.
You can claim
a grant from HMRC to cover wages for a furloughed employee, equal to the lower
of 80% of an employee’s regular salary or £2,500 per month, plus the associated
Employer National Insurance contributions and minimum automatic enrolment
employer pension contributions on paying those wages.
You can
choose to provide top-up salary in addition to the grant. Employer National
Insurance Contributions and automatic enrolment contribution on any additional
top-up salary will not be funded through this scheme. Nor will any voluntary
automatic enrolment contributions above the minimum mandatory employer
contribution of 3% of income above the lower limit of qualifying earnings
(which is £512 per month until 5th April and will be £520 per month from 6th
April 2020 onwards).
National Living Wage/National Minimum Wage
Individuals
are only entitled to the National Living Wage (NLW)/National Minimum Wage (NMW)
for the hours they are working.
Therefore,
furloughed workers, who are not working, must be paid the lower of 80% of their
salary, or £2,500 even if, based on their usual working hours, this would be
below NLW/NMW.
However, if
workers are required to for example, complete online training courses whilst
they are furloughed, then they must be paid at least the NLW/NMW for the time
spent training, even if this is more than the 80% of their wage that will be
subsidised.
What you’ll need to make a claim
Employers
should discuss with their staff and make any changes to the employment contract
by agreement. Employers may need to seek legal advice on the process. If
sufficient numbers of staff are involved, it may be necessary to engage
collective consultation processes to procure agreement to changes to terms of
employment.
To claim, you
will need:
- your
ePAYE reference number
- the
number of employees being furloughed
- the
claim period (start and end date)
- amount
claimed (per the minimum length of furloughing of 3 weeks)
- your
bank account number and sort code
- your
contact name
- your
phone number
You will need
to calculate the amount you are claiming. HMRC will retain the right to
retrospectively audit all aspects of your claim.
Claim
You can only
submit one claim at least every 3 weeks, which is the minimum length an
employee can be furloughed for. Claims can be backdated until the 1 March if
applicable.
What to do after you’ve claimed
Once HMRC
have received your claim and you are eligible for the grant, they will pay it
via BACS payment to a UK bank account.
You should
make your claim in accordance with actual payroll amounts at the point at which
you run your payroll or in advance of an imminent payroll.
You must pay
the employee all the grant you receive for their gross pay, no fees can be
charged from the money that is granted. You can choose to top up the employee’s
salary, but you do not have to.
When the government ends the scheme
When the
government ends the scheme, you must make a decision, depending on your
circumstances, as to whether employees can return to their duties. If not, it
may be necessary to consider termination of employment (redundancy).
Employees that have been furloughed
Employees
that have been furloughed have the same rights as they did previously. That
includes Statutory Sick Pay entitlement, maternity rights, other parental
rights, rights against unfair dismissal and to redundancy payments.
Once the
scheme has been closed by the government, HMRC will continue to process
remaining claims before terminating the scheme.
Income tax and Employee National Insurance
Wages of
furloughed employees will be subject to Income Tax and National Insurance as
usual. Employees will also pay automatic enrolment contributions on qualifying
earnings, unless they have chosen to opt-out or to cease saving into a
workplace pension scheme.
Employers
will be liable to pay Employer National Insurance contributions on wages paid,
as well as automatic enrolment contributions on qualifying earnings unless an
employee has opted out or has ceased saving into a workplace pension scheme.
Tax Treatment of the Coronavirus Job Retention Grant
Payments received by a business under the scheme are made to offset these deductible revenue costs. They must therefore be included as income in the business’s calculation of its taxable profits for Income Tax and Corporation Tax purposes, in accordance with normal principles.
Businesses
can deduct employment costs as normal when calculating taxable profits for
Income Tax and Corporation Tax purposes.