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Coronavirus: The Job Retention Scheme – Sick Pay and TUPE Update

15/04/2020

At a glance

Last week (9 April), the government updated their guidance on the CJRS. This included clarifying points regarding Sick Pay and TUPE.

Sick Leave

  • In the updated guidance, it is made clear that employees who become sick while furloughed can remain furloughed and do not have to be placed on SSP. In addition, employees who are on sick leave can be furloughed.
  • Employers may also furlough employees who are on long-term sick leave, or shielding in line with public health guidance (or need to stay home with someone who is shielding) without the need for them to be at risk of redundancy as had been stipulated in previous guidance.

TUPE

The government have clarified that claims can be made under the CJRS for employees who TUPE transfer on or after 19 March 2020. What is as yet unclear, is whether this applies if the transferee employer was a new entity that was not operating a payroll by this date. It is also unclear whether a claim could be made by an employer if the employee will not have served the minimum three consecutive weeks on furlough with them, even if they had spent that time in total across both employers. Hopefully the government will provide answers soon.

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