Furlough and the Christmas to New Year shut-down

What's the rule on furlough claims on the end-December days when offices have closed in the past?

Didn't find your answer?

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?

Replies (12)

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By Duggimon
03rd Dec 2020 12:57

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.

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Replying to Duggimon:
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By Paul Crowley
03rd Dec 2020 13:01

Or even a bit abusive
It is there as a warning when you claim

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RLI
By lionofludesch
03rd Dec 2020 13:55

"Your question may already have been asked."

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By HGW
03rd Dec 2020 15:47

I did look before asking!

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boat
By SouthCoastAcc
03rd Dec 2020 15:57

They normally use their annual leave?

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Replying to SouthCoastAcc:
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By lionofludesch
03rd Dec 2020 16:07

SouthCoastAcc wrote:

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.

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Replying to lionofludesch:
A Putey FACA
By Arthur Putey
03rd Dec 2020 16:41

[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!

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By the_drookit_dug
03rd Dec 2020 17:08

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$$.

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Replying to the_drookit_dug:
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By lionofludesch
03rd Dec 2020 17:14

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 ?

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By the_drookit_dug
03rd Dec 2020 19:13

Sounds fine to me if there's a Covid-19 related factor among the reasons for the job sharing arrangements.

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By HGW
04th Dec 2020 15:16

Thank you all. It is confusing, isn't it. Of the two organisations where I am involved, one is little affected by Covid and simply has each of four employees take off one day a week on flexible furlough. I don't think that one should claim for its normal Christmas break. However, the other is badly affected by the collapse in air travel and has made folk redundant. From a record month in February it has collapsed to about 20% of 2019 sales volume in November, but it has always closed for the Christmas - New Year period when its clients are usually also shut. I am veering to saying this one too should not claim.

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By the_drookit_dug
04th Dec 2020 17:13

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.

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