The only information we have at present is that it may be used for employees who “would otherwise have been laid off during this crisis”. Detailed guidance will hopefully be issued shortly to provide practical examples of the situations in which this will apply. For now, we suggest it is kept in mind as a possible option (along with others) in the following circumstances. Please note, however, that this is simply our best guess at present and subject to detailed guidance being issued by the Government.
- Where an employer has closed its business or part of its business since 1 March owing to the effect of the Coronavirus situation and guidance on social distancing,or based on the Government’s instructions on 23 March or before.
- Where an employer is planning to close its business or part of its business as a result of social distancing and/or at the instruction of the Government.
- Where an employer experiences a downturn in work as a result of the Coronavirus situation and therefore has a reduced need for employees.
- Where an employer has introduced or is introducing homeworking in the context of Coronavirus and some employees’ jobs are unable to be performed at home.
- Where an employer has introduced or is introducing homeworking in the context of Coronavirus and, whilst the job can be performed at home, the employee is unable to work from home due to a lack of equipment or reasons personal to them.
- Where an employee is unable to attend work or work from home as a result of caring commitments, for example childcare following school closures.
It is also unclear how or whether this will apply to employees who are self-isolating in accordance with GP or NHS111 advice and are unable to work from home. At present, Statutory Sick Pay is payable to them from day 1 (whether or not they are ill), although many may prefer to be furloughed in those circumstances in order to receive 80% of their normal pay. The same applies to employees whose pay is under the threshold to qualify for SSP. Hopefully further guidance will shed light.