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Aberdein Considine: What is a flexible brush and how to use it in your business



The Coronavirus Job Keeping Scheme (CJRS) has been a lifeline for businesses up and down the country.

Just as employers were getting used to the UK governments scheme, the government introduced a new concept through CJRS called flexible ground.

The flexible leave scheme is only open to employees who have previously intervened for at least 3 weeks before June 30 (unless the employee returns later due to a family-related vacation period such as maternity / paternity, etc.).

The concept of a flexible field means that frantic employees can return to part-time work from 1 July. Employees must be paid their full fee for each hour they actually work, and then at least 80% for each normal hour in which they are bakery.

If you are using the flexible working scheme, you must agree to any changes in the working model with your employees and confirm it in writing. Be sure to keep track of the hours worked by each employee and the hours in which they are baked.

From 1 July, she ceased to be able to file a claim through the CJRS during the various calendar months (for example, making a claim for a period of 3 months). Moreover, each request period should be for at least a week, but can be for more.

The few contributions expected from August apply proportionately to future employee shares. It is therefore imperative to keep proper records of working hours or working hours and what is claimed in the CJRS.

What does the employer pay?

In addition to any decision to add a retired employee, employers are required to make low contributions to another employee salary (which should still be 80% of their normal salary up to 2,500) as follows:

September 2020: Employers will also be required to pay 10% of employee pay, limited to 312.50. The government will pay 70% of employee salaries, limited to 2,187.50; and
October 2020: Employers will be required to pay 20% of employee pay, limited to 625. The government will pay 60% of employee pay, limited to 1,875.
Is an employee entitled to be fired?

Contrary to popular belief, the enterprise scheme did not entitle an employee to be fired. (Initially) was introduced as an open mechanism for employers to prevent mass redundancies. Since then, the government has changed their approach and expanded the use of the scheme to include any business affected by the coronavirus, and the guideline has been expanded to suggest that many categories of employees may be defrauded, including if they are protected or have difficulty in child care, even if they were not at risk of surplus.

However, whether an employee should be employed is a business decision for the employer and an employee is not entitled to be employed if their employer still has, for example, a lot of work to do.

However, employers should carefully consider any request made due to childcare difficulties, etc. We have not yet seen how the Employment Tribunal will consider claims arising from the CJRS or the overall impact of COVID-19, but we do know that the Tribunal always expects an employer to act reasonably.

Does a salaried employee need to be paid the national minimum wage?

No, payment received while it is not necessary to meet the national minimum wage if the employee is not undergoing training while on the ground. The right to the national minimum wage is only for the time actually spent working or training.

Do I have to supplement 20% of the remaining salary?

No, but you should make sure to get deals from any employee who is paid less than 100% of their normal salary, as a reduction in their salary will almost always be a substantial change in their terms and conditions of employment.

Some employers have chosen to fill the remaining 20% ​​(or more) of the salary. If you decide to do this, you should be aware that you may not claim any additional NI contributions or pensions that you make because you have chosen to replenish and you may not claim any pension contributions for the mandatory minimum of the employer.

How should I deal with vacation rights?

Employees still gather during the holidays as they get angry. They can be on vacation while they are on other holidays but must be paid their full fee for each time they are on vacation. If the employee is angry at the time they are considered to have taken their leave, the employer may claim 80% (limited to 2500) of their salary during that period.

Depending on the contractual terms to the contrary, employees can and should be directed to take leave to ensure that there is not a breakdown to be taken by the entire workforce when everyone returns to work. If you are running an employee on vacation at a certain time, you should notify them twice as much as the vacation you need to take.

TOMORROW: Making surpluses in a Covid-19 world

Nicola Gray is a Partner on the Aberdein Considine Legals Employment Law team and helps businesses with a wide range of employment issues.

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