Coronavirus Job Retention Scheme—right to statutory redundancy and other termination payments
Coronavirus Job Retention Scheme—right to statutory redundancy and other termination payments

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Coronavirus Job Retention Scheme—right to statutory redundancy and other termination payments
  • The position under the ERA 1996
  • Payments to which the Week’s Pay Amendment Regs 2020 apply
  • Notice periods including days on or after 1 December 2020
  • Employee with normal working hours whose pay is not variable
  • Employee with normal working hours whose pay varies with amount of work done
  • Employee with normal working hours whose pay varies according to time of work
  • Employee with no normal working hours
  • Relevant date
  • Relevant period
  • More...

For information on the Coronavirus Job Retention Scheme (CJRS), which has been extended to 31 March 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version from 1 November 2020).

For general information on calculating a week’s pay under sections 221–224 of the Employment Rights Act 1996 (ERA 1996), see Practice Note: Calculating a week's pay.

The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814, which came into force on 31 July 2020, set out how a week’s pay is to be calculated in the case of an employee who has been furloughed under the CJRS, for the purpose of calculating:

  1. a statutory redundancy payment

  2. statutory compensation for unfair dismissal

  3. a statutory notice payment

  4. statutory pay for time off to look for employment or arrange training

  5. any statutory sum resulting from a failure to provide a written statement of reasons for dismissal, and

  6. any statutory sum resulting from a failure to comply with an order for reinstatement or re-engagement

This is important because these payments are calculated on the basis of a ‘week’s pay’ for the relevant employee and, under with ERA 1996, ss 221–224, the method of calculating a week’s pay differs depending on whether there are normal working hours for the employee when employed under the contract of employment in force on the calculation date.

The

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