Amendments to regulations setting out how a week’s pay is to be calculated for purposes of calculating statutory payments for furloughed workers

New statutory instrument makes amendments in consequence of Coronavirus Job Retention Scheme being extended to 31 March 2021

New legislation has been issued that makes amendments to regulations setting out how a week's pay is to be calculated for the purposes of calculating statutory payments for workers who are furloughed under the Coronavirus Job Retention Scheme (CJRS).

In force from 18 November 2020, the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) (Amendment) Regulations 2020 (SI.No.1296/2020) make amendments to the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 in consequence of the extension of the CJRS scheme to 31 March 2021.

NB - the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 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 purposes of calculating -

• any statutory remuneration for time off to look for employment or arrange training;
• any statutory notice payment;
• any statutory sum resulting from a failure to provide a written statement of reasons for dismissal;
• any statutory sum resulting from a failure to comply with an order for reinstatement or re-engagement;
• any statutory compensation for unfair dismissal; and
• any statutory redundancy payment.

SI.No.1296/2020 is available from legislation.gov.uk