Burnetts Bitesize Bulletin

No furlough pay for employees serving notice periods after 1st December 2020.

Question: Are employees serving statutory or contractual notice of termination of employment eligible for furlough pay?

Short answer: Not from 1st December 2020.

Explanation: The Coronavirus Job Retention Scheme Guidance, published on 13th November 2020, has been updated with an important change regarding eligibility to claim furlough pay for employees on statutory or contractual notice of termination.

The Employee Guidance says this: For claim periods starting on or after 1st December 2020, an employer cannot claim for any days on or after 1st December 2020 during which the employee was serving a contractual or statutory notice period for the employer (this includes people serving notice of retirement or resignation).

However, it still says that the employer can claim for periods spent on statutory OR contractual notice before 1st December 2020.

Check if you could be covered by the Coronavirus Job Retention Scheme

The Employer Guidance says the same thing for claims from 1st December 2020: i.e. no claim for employees for any time spent on statutory or contractual notice from 1st December 2020.

But for periods before 1st December 2020 it says that claims may be made if the employee is serving statutory notice only. It is silent on contractual notice. This conflict with the Employee Guidance may result in further amendment to the Guidance shortly – watch this space…But in the meantime submit your claims for both statutory and contractual notice period served before 1st December 2020.

Check which employees you can put on furlough to use the Coronavirus Job Retention Scheme

Other dates for your diary: 30th November - the last day you can submit claims for claim periods ending on or before 31st October 2020.

Claims from 1st November 2020 must be submitted by 11.59pm 14 calendar days after the month you’re claiming for: So, for claims for furlough days in the claim period ending on or before 30th November 2020, claims must be submitted by 14th December, and so on. For more information on deadlines for claims see:

Claim for wages through the Coronavirus Job Retention Scheme

Further reading:

Coronavirus Job Retention Scheme Step-by-Step Guide for Employers (updated version) published on 13th November 2020.