Morning all,
I think I know the answer to this question but the ex-employee is making me second guess myself.
We had an employee who finished mid-February this was not due to the COVID-19, they were then paid on the 28th February. They have come back to us asking to rehire them to be put on furlough and this seems to be common advice people are receiving.
My understanding is that this can't be done as he was not in employment on the 28th February and would be a fraudulent claim.
Any advice would be appreciated??
Kind regards,
Replies (15)
Please login or register to join the discussion.
The job retention scheme is for employees who would otherwise have been made redundant as a result of the Coronavirus. That is not this person.
I think Martin Lewis says otherwise so you could always refer them on to him, presumably he's doing a lot of payroll amendments at the moment.
It has been confirmed by HMRC that employees made redundant after the 28th Feb, if they are re-hired by their employer, can indeed be covered by the JRS. It is therefore possible for employers to re-employ in order to benefit from this. But I am not sure if it applies if their contract ended prior to this date.
Here is the cut and paste from the following HMRC link confirming this.....
If you were made redundant after 28 February
Your employer can agree to re-employ you and place you on furlough instead. They’ll still be able to claim a grant to cover 80% of your monthly earnings, up to a monthly cap of £2,500.
https://www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronav...
This can also apply to people who left voluntarily - although in this case the dates don't work for him anyway.
Says who? We don't have the legislation yet so what is the authority behind this statement?
The guidance says redundant, it is only people commenting on the guidance without any authority who say otherwise.
I agree with others posting on here about not everything Martin Lewis says is correct. The link I put above earlier only says REDUNDANT, HMRC say nothing about voluntary leavers, only Martin does and he is not the legislator.
Here again is the cut and paste from the following HMRC link confirming this.....
If you were made redundant after 28 February
Your employer can agree to re-employ you and place you on furlough instead. They’ll still be able to claim a grant to cover 80% of your monthly earnings, up to a monthly cap of £2,500.
https://www.gov.uk/guidance/check-if-you-could-be-covered-by-the-coronav...
That is not authority - the legislation, when it is published, will (hopefully) be.
Unless Martin has had written confirmation from Treasury and is prepared to post it here or on his site.
Didn't see this answer.
Wording is...
"If you were made redundant OR STOPPED WORKING FOR your employer after 28 February 2020...
Martin has started correcting information on his site, such as claiming working from home expenses, already. I wonder if his insurers read his site.
I would laugh, but sadly, those without an accountant, will be believing everything he says.