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Legal Updates

New furlough guidance: warning that notice pay may not be covered from December

12 November 2020 #Employment

Yesterday, the Government updated its furlough guidance, following the extension of scheme that was announced last week.

Whilst the majority of the update confirmed information we already know, there were some important pieces of new information.

One of these was a warning surrounding the payment of employees’ notice pay whilst on furlough.

For the duration of the scheme, employees have been able to “work out” their notice periods whilst on furlough. They must receive 100% of their normal salary for their notice period but employers have been able to claim the relevant percentage back from the government under the furlough scheme.

The latest guidance sets out that the government is reviewing whether employers should be eligible to claim for employees serving contractual or statutory notice periods. It says that the government will be changing it approach for claim periods starting on or after 1 December 2020.

Unfortunately, there is no further guidance on this at this stage but more is promised at the end of this month.

We will update you as soon as this guidance is released but we anticipate that employers will no longer be able to claim under the scheme for employees who are under notice after the end of December.

Presumably this move aims to deter businesses from making redundancies over the next few months.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Georgia  Roberts

Georgia Roberts

T: 0118 960 4655
M: 07884 188 976


Employment team
+44 (0)118 958 5321