Written by: Nigel Mills, employment law specialist with Farnfields solicitors. “What’s in a name?” asks Shakespeare’s Juliet, declaring that a rose would smell just as sweet whatever we call it. But that argument is unlikely to hold water in today’s working environment. Getting names exactly right is increasingly important, whether it’s the pronoun you use
The new Job Support Scheme – Your questions answered
The Job Support Scheme (JSS) will replace the furlough scheme and will come into play on 1 November 2020. In this article, we look at FAQs covering how the scheme works, who is eligible and specific difficulties employers and employees might have concerns about.
Which employees are eligible for JSS?
Employees who have been on the PAYE payroll on or before 23 September 2020 are eligible for the JSS. They must also work at least 33% of their usual hours.
Can only businesses who furloughed employees use the JSS?
No, the JSS scheme may be used by employers even if they did not take advantage of the furlough scheme. Also, employees do not need to have been furloughed to be eligible for the JSS. As a result, the JSS is open to employees who have continued to work throughout the coronavirus pandemic, but who have been working reduced hours.
What if employees are unable to work 33% of their regular hours because there is no work?
If an employer does not have enough work available to give an employee 33% of their usual working hours, they will not be eligible for the JSS. This element of the JSS has been highly criticised. It is also not clear whether the 33% applies to an average over a month or over a more extended period of time. Employees can cycle on and off the JSS according to the government factsheet, but each working period must cover a minimum of seven days.
If employees enter the scheme, does the employer need to guarantee they will not be made redundant for six months?
There will be no ban on redundancies during the six months of the JSS. The government factsheet outlines that employees may not be made redundant or given notice of redundancy while they are in the JSS. However, employers can move an employee out of the JSS and make them redundant.
What happens if there is a local lockdown and employees in the JSS can’t work?
At present, it has not been made clear how the JSS will be affected by a local lockdown where there is no work available for employees.
Can employees take a holiday while in the JSS?
It is unclear whether holidays will form part of the 33% minimum working hours requirement, or whether they will be regarded as unworked hours. In certain circumstances, employers may be required to ‘top-up’ holiday pay to ensure that employees are receiving the pay they are entitled to.
What if an employee has to take time off sick or self-isolate?
Employees who need to take time off sick will be entitled to statutory sick pay (SSP). However, it is not yet clear how JSS will be affected by time off sick.
If you have further concerns regarding employment law please contact Nigel Mills or his team for an initial discussion to discuss your needs.