‘An employee has been instructed by the employer to cease all work in relation to their employment only if the employer and employee have agreed in writing (which may be in an electronic form such as an email) that the employee will cease all work in relation to their employment.’ – Previously, the requirement was for the employee to be notified in writing that they have been furloughed. Now an employer and employee must agree that the employee will cease all work.
Calculation is based on regular salary which:-
cannot vary according to performance of the employer or employee or is discretionary (such as a tip),
is not conditional on any matter,
is not a benefit of any other kind.
Furloughed Directors can only perform very basic director duties ‘arising by or under an Act of Parliament relating to the filing of company accounts or provision of other information relating to the administration of the director’s company.’
No mention of whether the furlough payment can be used to discharge a payment in relation to holidays.
Schools Coronavirus (COVID-19): early years and childcare closures – Updated introductory sections and sections on Who this guidance is for, Prioritising children, Funding, Staying open for children of critical workers and vulnerable children, Early Years Foundation Stage and Holidays. 6:25pm, 15 April 2020
Should early years and childcare settings, including childminders, open over academic holidays even if they do not usually?
Where possible, we would encourage early years and childcare settings and schools to continue to look after critical workers’ children and vulnerable children throughout academic holidays. Local authorities and early years settings should decide, in consultation with the parents of children who are currently attending early years settings, whether it is necessary for this to include bank holidays.
I am a qualified Employment Law and HR Solicitor. I specialise in acting for schools and advise on all aspects of employment law and HR including attending employee meetings, advising senior leaders, conducting redundancy consultations, drafting contracts of employment, advising on policies and procedures and negotiating settlement agreements.
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