If an office has been closed in the past on the days between Christmas and New Year and is planning to do the same now at the end of 2020, can the business treat its employees as on flexible furlough for those days and make a claim? In two cases I have in mind volume is negligible in this period anyway, and that of course is justification for furlough, but somehow it seems to me it is not what the scheme was intended for. Can anybody provide clarification or merely share the moral/ethical dilemma?
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This has been repeatedly discussed. The answer was you probably can, you probably shouldn't, and nothing is really certain, it all comes down to the "counter to the exceptional purpose" bit in the legislation.
The legislation is only three pages or so long, you should have a read and see what you think.
They normally use their annual leave?
Well, you can be on holiday while you're on furlough.
But you shouldn't be on furlough just because you're on holiday.
And that's where the lines begin to blur.
[quote=lionofludesch]
Well, you can be on holiday while you're on furlough.
/quote]
What I'd give to be either furloughed or on holiday!
Staff furloughed over Christmas only and for no reason other than that they're on holiday = abusive.
Staff furloughed over Christmas either because they'd normally work during that period but can't due to Covid, or usual Christmas holidays fall within a wider spell of furlough resulting from Covid, then fine.
Basically, don't take the p1$$.
Dug - what's your view on the halfway house that is ....
Staff usually get a week off at Christmas/New Year. Currently organising themselves on a "job sharing" basis where they're all working roughly 70% of their normal hours ?
Sounds fine to me if there's a Covid-19 related factor among the reasons for the job sharing arrangements.
20% sales for heaven's sake - it's a no brainer. Their business has been severely affected by Covid-19, and so claiming furlough throughout the period would help them retain jobs - the whole purpose of the scheme and why it's called the Coronavirus Job Retention Scheme.
The guidance says you can claim for holidays taken during furlough. What it does state is:
" You should not place employees on furlough just because:
- they are going to be on paid leave
- you usually do less business over the festive period"
In this case, they wouldn't be getting furloughed just because the business does less business over the festive period - the main reason the business is using the scheme is because it has been decimated by Covid-19.
I'd at least discuss it with HMRC before making a decision.