The Scheme covers 80% of furloughed employees’ monthly wage costs up to a cap of GBP 2,500. The employer applies to HMRC for grants – it still makes the wage payments, and deducts and accounts for income tax and National Insurance contributions (NICs), as usual.
The Guidance provides that claims under the Scheme should begin from the date that the employee finished work and starts furlough, not from when the decision is made to place them or furlough or when their furlough status is confirmed in writing.
There are different calculation methods for claiming “wages costs” under the Scheme depending on whether the employee has regular hours or their pay varies.
2.1 Regular hours
For full-time and part-time employees with regular hours on a salary, the Guidance states that employers will receive a grant from HMRC to cover the lower of 80% of the employee’s salary as in their last pay period prior to 19 March 2020 or £2,500 per month (gross).
2.2 Variable pay
Where an employee’s pay varies, the employer can claim for 80% of the higher of:
- the same month’s earnings from the previous year; or
- their average monthly earnings from the 2019-2020 tax year (or, if the employee has been employed for less than a year, their average monthly earnings since they started work)
subject to the £2,500 per month cap.
2.3 What is included in pay?
Employers can claim for any “regular payments” they are legally obliged to pay their employees plus the associated employer’s NICs and minimum auto enrolment employer pension contributions.
This includes “wages, past overtime, fees and compulsory commission payments” but excludes “discretionary bonus (including tips) and commission payments and non-cash payments”.
The Guidance expressly states that the costs of benefits in kind are not claimable and “where the employer provides benefits to furloughed employees this should be in addition to the wages that must be paid under the terms of the Job Retention Scheme”. Employees may be able to waive their right to receive benefits (other than the minimum pension auto enrolment contributions) under the terms of a furlough agreement though.
2.4 Training time
If employees (including apprentices) are required to undertake any training for their employer while furloughed, they must be paid at the least the applicable National Living Wage/National Minimum Wage rate (and the employer must pick up any shortfall).
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