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Will Tupe Rules apply for Job retention scheme?

Will the staff of a company transferring them in Marh 2020 under tupe rules entitled to JRS?

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A dillemma for staff where the company went into liquadation In March 2020 they were transferred to new company/Employer under Tupe rules. They had been working from the same place for the last 8 years and they will continue their jobfrom the same place for the new employer. Will they be entitled to 80% of their average wages under Job retention scheme. It would be a big blow for them if they can't claim anything. Need help on this issue if anyone knows anything about it. Thankyou 

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By ireallyshouldknowthisbut
06th Apr 2020 17:18

This is the guidance:

https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus...

I don't think there was any specific reference to TUPE when I read it on Friday.

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By paul.benny
06th Apr 2020 17:31

This is a rather specific circumstance that may well not even be catered for when the final scheme is published. Assuming they are furloughed, I would pay them, claim and argue it if necessary.

(And, btw, it's not what the workers are entitled to but what subsidy the employer is entitled to claim)

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RLI
By lionofludesch
06th Apr 2020 17:57

I vote yes.

But it's a jolly interesting question.

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By bernard michael
07th Apr 2020 09:14

When in March ??

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Replying to bernard michael:
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By Hassan
07th Apr 2020 12:39

08 March 2020

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By 0098087
07th Apr 2020 10:00

I'd call ACAS

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Replying to 0098087:
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By paul.benny
07th Apr 2020 10:18

Ask, by all means, but I suggest, the only answer ACAS will be able to give is to point to HMRC statements on the JRS.

Under TUPE all rights and obligations of employer and employee transfer. The JRS provides a subsidy *to the employer* to fund the wages of employees who are not working. As such, it's beyond the scope of TUPE.

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Replying to paul.benny:
By 0098087
07th Apr 2020 10:23

Actually I think you'll find ACAS will give you more info than the guidance.

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Replying to 0098087:
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By paul.benny
07th Apr 2020 14:30

Hassan wrote:

Acas dont know anything about this issue ..so they directed me back to HMRC website

I win ;)

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By 0098087
07th Apr 2020 10:00

I'd call ACAS

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By Hassan
07th Apr 2020 13:02

Acas dont know anything about this issue ..so they directed me back to HMRC website

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By Hassan
10th Apr 2020 21:20

Finally we got the answer. Hmrc updated the website confirming that Employees transferred after 29th Feb under Tupe rules can be furloughed by new employer and can claim 80% of their gross wages.

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