There has been media coverage over the weekend suggesting that the Coronavirus Job Retention Scheme (’CJRS’) has been redefined such that employers may be forced to return monies paid to them by HM Revenue & Customs where the employer is planning to make the employee redundant at the end of a period of furlough leave.
Whilst by no means clear-cut, our view is that the rewording of the CJRS does not mean that employers cannot claim back monies paid by way of salary to employees who are on furlough leave during their notice period (in fact, it confirms that they can). Employers cannot however re-claim a payment made in lieu of employees’ notice periods as the employees are not then “continuing to be employed” in accordance with the re-worded CJRS. It is possible that the Government will offer further clarity on this in due course.
For further information and expert advice on furloughing contact Tom Evans or Elizabeth Judson
