Following the UK government’s announcement of a new national lockdown for
England in response to the continuing COVID-19 crisis and the recent
one-month extension of the Coronavirus Job Retention Scheme (CJRS),
originally due to close 31 October 2020, on 5 November 2020 the UK
government announced a further extension of CJRS by an additional four
months. Accordingly, the CJRS will now run until 31 March 2021, with a
review date in January 2021.
Employers will be able to claim 80 percent of a worker’s normal salary for
hours not worked, subject to a cap of £2,500 per month for claim periods
running up until January 2021. (It is likely that the level of grant will
be reduced if the public health situation improves, as before.) Employers
must cover employer National Insurance and pension contributions for those
hours not worked and operate tax withholding on any grant in the usual way.
Employers will be able to claim, either in arrears or in advance, from 8
a.m. on 11 November 2020. Grant payments are anticipated to be made six
working days after the first claims. Claims in respect of November should
be made on or before 14 December 2020 and each subsequent month’s grant
should be claimed by the 14th of the following month.
An employer must have made a PAYE Real Time Information (RTI) submission to
HM Revenue & Customs between 20 March 2020 and 30 October 2020,
notifying a payment of earnings for that employee in order to make a claim
under the CJRS. For more details on employer and employee eligibility,
please refer to McGuireWoods’
2 November 2020 insight.
Shielding and sick leave
The UK government has made it clear that the CJRS is not intended to cover
employees who are on short-term sick absences. However, if employers need
to furlough employees for business reasons and have employees who are on
sick leave, those employees may be eligible to be furloughed.
Employees who were furloughed and then become infected with COVID-19 (or
become sick for any other reason) must be paid at least Statutory Sick Pay.
It will remain up to employers’ discretion to elect whether to keep those
employees on furlough or to transfer them onto Statutory Sick Pay.
As before, employees are eligible to be furloughed where they are shielding in line with UK government guidance or have caring responsibilities for a dependant due
Employees who were made redundant or whose fixed term contract expired, but
who were employed and on their employer’s payroll on 23 September 2020, can
be re-employed and furloughed, providing an RTI submission was made on or
before 23 September 2020. Accordingly, those employees who were made
redundant in anticipation of the wind-up of the CJRS on 31 October 2020,
may request to be re-employed, although there is no obligation on their
former employer to do so.
The employer must confirm in writing with the employee, or have reached a
collective agreement with the trade union, that the employee was
furloughed, and the employer must maintain a record of the agreement for
five years. Employers should maintain for six years the records of
employees’ hours worked and the hours they were furloughed.
Job Support Scheme and Job Retention Bonus
The Job Support Scheme has now been postponed because of the much longer
extension of the CJRS. The Job Retention Bonus of £1,000 for each retained
worker, which was designed to incentivise employers to retain workers until
January 2021, has been put on hold because of the CJRS extension and will
no longer be paid in February 2021.
The UK government plans to publish more details on the operation of the
CJRS on 10 November 2020. Details about the current scheme are available in
For advice in relation to the extended CJRS, its operation or to associated
issues — for example, compliance with discrimination law in respect of
decision-making around furloughing workers — please contact Dan Peyton or
McGuireWoods has published additional thought leadership analyzing how companies across industries can address crucial business and legal issues related to COVID-19.