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CJRS employee reduced hours in mid October

Due to lack of work ee reduced hours in mid October. As after 22nd Sept, can these be flexi-furloug

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A client has an employee who was previously furloughed for March and April, came back to work in May on standard hours.

This employee used to work 40 hours per week but had his contract reduced to 30 hours per week in mid October due to lack of work in the business.  I understand an amended contract was signed (or at least the changed hours were agreed in writing).  At the time the client asked if there was any government support available and the answer at that point was not really (not worth flexi-furloughing for a few days to end Oct).

Now, I know if he had been made redundant post 22nd Sept we could re-engage him and then furlough him.  But the question is, can we "re-engage" the extra 10 hours a week as this reduction was mid October and purely because of lack of work.  He would then be flexi furloughed with working 30 hours and being furloughed for the remaining 10 hours.

I have looked through the treasury directive and can only see reference to re-engaging and nothing about hours changing.  (This may be Friday evening, end of a long week brain??)

My feeling is that yes he should be able to have his contract revert back to what it was and be flexi-furloughed now.  This is someone who is genuinely working fewer hours due to COVID. 

Am I missing something before I suggest it to the client?  This would obviously have to happen as of now (and not be backdated!) as whilst I did send out the standard info early November, this particular employee did not come to my mind until I am now thinking about November payroll.

Any thoughts or anything I have missed? Thank you.

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By Paul Crowley
20th Nov 2020 18:25

I recon you look back to prior year if able to be furloughed V1

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Replying to Paul Crowley:
Giraffe
By Luke
20th Nov 2020 19:16

Thanks. Yes he was furloughed in V1.

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Giraffe
By Luke
20th Nov 2020 19:27

Ah, I think my answer is in

Employee’s relevant reference day for determining an employee’s reference salary and usual hours

11.2
The relevant reference day in relation to an employee to whom paragraph 11.3 or paragraph 11.5 applies is 19 March 2020.

I knew about the reference pay but didn’t spot it is for reference usual hours too. Fantastic, thanks for pointing me in that direction Paul, the client will be happy.

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