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CJRS furloughing employee who left in March

What date should furloughing commence for re-employed member of staff.

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A member of staff left my client's employment on 13th March to start up a new self-employment business, but has been unable to begin their new venture due to the current lockdown, and following the government announcement at the beginning of April that employees could be re-employed and furloughed she has asked if she might be re-employed and furloughed, which my client agreed to do.

All the remaining members of staff continued to go into work until Friday 20th March and have been working from home since Monday 23rd March, with no-one else in the firm being furloughed. 

The re-employed individual has not done any work for the firm since they left on 13th March. 

I have been asked to submit the CJRS claim in respect of this re-employed individual and have been provided with a copy of the returning employee's furlough employment letter/contract with states their furloughing commenced on Monday 16th March. 

Given the sequence of events within the business I am not convinced that 16th March is the correct start date for the CJRS claim.  What do others think ? 

  

 

 

 

 

Replies (6)

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By petersaxton
24th Apr 2020 10:12

What's wrong with 16th?
I assume they left on the friday and they dont usually work Saturday and Sunday so the Monday sounds fine.

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By L Haldane
24th Apr 2020 10:27

I completely understand that CJRS is there to put money into peoples pockets, but this just feels like milking the system to me.

The employee choose to leave, and if they had stayed would not have been furloughed at all, and at the very least would still have been at their desk in the business premises throughout the week ending Friday 20th.

I have no problem if others think March 16th is the correct furlough start date in this case, I'm just looking for a consensus of opinion in the absence of detailed guidance on the matter.

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By Cheshire
24th Apr 2020 11:15

I think if this was viewed as milking the system then you would not furlough at all. Had she not left she would have received 100% of her wages, so I think in the circumstances 80% from 16 March is a fair claim.

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By [email protected]
24th Apr 2020 20:30

Aside from the furlough issue, surely there is a financial risk in taking an employee back on who left out of their own choice? What employment rights will they have? Can you just get rid of them when this is all over, because you didn't actually need them because they had already been replaced anyway? Plus you are having to finance salary payments whilst you wait for HMRC to reimburse you.

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By Matrix
24th Apr 2020 20:37

Completely agree. In addition micro businesses are using up the employment allowance against ER’s NI for the restated employee which could be a true cost.

It is a farce created by Martin Lewis who is neither a payroll expert not an employment lawyer to my knowledge.

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By gillybean04
24th Apr 2020 22:44

It's definitely not the correct date.

The date of furlough is the date the employer sent written confirmation to the employee they were being furloughed and the employee agreed to be furloughed. It's a matter of fact, not choice.

CJRS directions -
6.7 An employee has been instructed by the employer to cease all work in relation to their
employment only if the employer and employee have agreed in writing (which may be in an
electronic form such as an email) that the employee will cease all work in relation to their
employment.

They cannot be considered furloughed until the above has happened.

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