Covid-19 UK Support for Business - Dexter & Sharpe - Dexter & Sharpe
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Covid-19
UK Support for Business
Dexter & Sharpe
Contents: • Updates to this document 3 • Self-employment income support scheme 4 • Key workers 7 • Closing your business 8 • Travelling to work 13 • Job retention scheme: Employers 14 • Job retention scheme: Employees 20 • Job retention scheme: a summary 23 • Sick pay to employees 25 • Business rates 27 • Business rates: Nurseries 28 • Little or no business rates 28 • Cash Grant Schemes 29 • Covid corporate financing facility 31 • Business interruption loan scheme 32 • Businesses paying tax and VAT 37 • Insurance 38 • Energy Security 39 • Companies House 40 • Charities 41 • Apprentices 42 • Commercial tenancies & Business Improvement Districts 43 • Accommodation providers 44 • Annual leave 45 • Office best practice 46 • Developing symptoms on-site 46 • Travel arrangements 47 • Time off for care 47 • Limiting the spread 48 • Hygiene 48 • Social distancing 49 • Miscellaneous 50 • Posters 51 This is an evolving document and changes to the information presented here should be expected. The information provided in this document should not be relied upon in lieu of direct and specific financial, accountancy, tax, or business advice. The information within this document is taken from reputable, UK sources. 15/04/2020 Dexter & Sharpe 2
Updates to this document 15 April 2020 • Update on what constitutes “Total Income” (see page 4) and “Profits” (see page 5) in relation to the Self-Employment income Support scheme. (Changes shown in bold). • PM UPDATE: The start date for employees to be eligible for furlough has been extended to 19 March 2020 (see pages 14 & 15). 14 April 2020 • Updates to information required for submitting a claim for the Coronavirus Job Retention Scheme, who can submit the claim and confirmation furlough period starts from the date the employee finished work, not the date the decision was made or they were written to confirming their status. (See pages 16-19 changes in bold). 9 April 2020 • £750m support package for charities has been announced. Updated information can be found on page 39. • A link to sector specific guidance on social distancing in the work place has been added on page 47. 7 April 2020 • Small addition to the Eligibility criteria to be able to submit a claim under the Job Retention Scheme; you will need to be enrolled for PAYE on-line. If you use a payroll provider they will have an account; if you run your own payroll you should already have an account (there are very few exceptions to when you do not have to have one) but if, for any reason, you do not, you will need register via the following link: https://www.gov.uk/paye-online/enrol . It can take up to 10 days to become registered. 3 April 2020 • Eligibility criteria for the Coronavirus Business Interruption Loan have been changed. Businesses no longer have to have been turn down for a commercial loan to be able to apply and banks are not permitted to ask for Personal Guarantees on loans of less than £250,000. (See page 30-34). • The upper limit on turnover has also been raised so businesses with a turnover of up to £500m (previously £45m) can now apply. For businesses with a turnover of between £454m and £500m can apply for loans of up to £25m. • Updated eligibility for SSP Rebate Scheme and added information on records that will be required to make the claim. (See pages 23-24). • Updated information has been added in Bold to highlight it and make it easier to find. 2 April 2020 • Guidance updated to confirm that the government’s assessment is that the expanded retail discount is not a state aid. Local authorities should therefore award relief to all eligible properties. Please see the section entitled ‘Cash grant schemes’. 15/04/2020 Dexter & Sharpe 3
Self-employment income
support scheme
This scheme will allow you to claim a taxable grant worth 80% of your trading profits up
to a maximum of £2,500 per month for the next 3 months. This may be extended if
needed.
Use this scheme if you're self-employed or a member of a partnership and have lost
income due to coronavirus. You can apply if you’re a self-employed individual or a
member of a partnership and you:
• have submitted your Income Tax Self Assessment tax return for the tax year 2018-19
• traded in the tax year 2019-20
• are trading when you apply, or would be except for COVID-19
• intend to continue to trade in the tax year 2020-21
• have lost trading/partnership trading profits due to COVID-19
Your self-employed trading profits must also be less than £50,000 and more than half of
your income come from self-employment. This is determined by at least one of the
following conditions being true:
• having trading profits/partnership trading profits in 2018-19 of less than £50,000 and
these profits constitute more than half of your total taxable income
• having average trading profits in 2016-17, 2017-18, and 2018-19 of less than £50,000
and these profits constitute more than half of your average taxable income in the
same period.
• Your total income is the total of all your:
• income from earnings
• trading profits
• property income
• dividends
• savings income
• pension income
• miscellaneous income (including social security income)
If you started trading between 2016-19, HMRC will only use those years for which you
filed a Self-Assessment tax return.
If you have not submitted your Income Tax Self-Assessment tax return for the tax year
2018-19, you must do this by 23 April 2020.
HMRC will use data on 2018-19 returns already submitted to identify those eligible and
will risk assess any late returns filed before the 23 April 2020 deadline in the usual way.
Anyone whose self-employment started after 5 April 2019 and thus has no self-
employed earnings recorded with HMRC cannot benefit from the scheme and must
rely on Universal Credit.
15/04/2020 Dexter & Sharpe 4Self-employment income
support scheme
How much you’ll get:
You’ll get a taxable grant which will be 80% of the average profits from the tax years
(where applicable):
2016 to 2017
2017 to 2018
2018 to 2019
To work out the average HMRC will add together the total trading profit for the 3 tax
years (where applicable) then divide by 3 (where applicable), and use this to calculate a
monthly amount. It will be up to a maximum of £2,500 per month for 3 months.
• Trading profits
• We will use the figures on your tax returns for your total trading income (turnover),
then deduct any allowable business expenses and capital expenditure.
• Allowable expenses include:
• office costs, for example stationery or phone bills
• travel costs, for example fuel, parking, train or bus fares
• clothing expenses, for example uniforms
• staff costs, for example salaries or subcontractor costs
• things you buy to sell on, for example stock or raw materials
• financial costs, for example insurance or bank charges
• costs of your business premises, for example heating, lighting, business rates
• advertising or marketing, for example website costs
• training courses related to your business, for example refresher courses
• It also includes:
• any business expenses deducted through the trading allowance
• capital allowances, used to buy assets used in your business
• qualifying care relief
• flat rate expenses
The grant will be paid directly into your bank account, in one instalment.
15/04/2020 Dexter & Sharpe 5Self-employment income
support scheme
You cannot apply for this scheme yet.
HMRC will contact you if you are eligible for the scheme and invite you to apply
online. Individuals do not need to contact HMRC now and doing so will only delay the
urgent work being undertaken to introduce the scheme.
You will access this scheme only through GOV.UK. If someone texts, calls or emails
claiming to be from HMRC, saying that you can claim financial help or are owed a tax
refund, and asks you to click on a link or to give information such as your name, credit
card or bank details, it is a scam.
Once HMRC has received your claim and you are eligible for the grant, HMRC will
contact you to tell you how much you will get and the payment details.
If you claim tax credits you’ll need to include the grant in your claim as income.
15/04/2020 Dexter & Sharpe 6Key Workers The following are key workers: • Health and Social Care. This includes doctors, nurses, midwives, paramedics, social workers, home carers and staff required to maintain our health and social care sector • Education and childcare. This includes nursery and teaching staff, social workers and those specialist education professionals who will remain active during the Covid-19 response • Public safety and national security. This includes civilians and officers in the police (including key contractors), Fire and Rescue Service, prison service and other national security roles • Transport. This will include those keeping air, water, road and rail transport modes operating during the Covid-19 response • Utilities and Communication. This includes staff needed for oil, gas, electricity and water (including sewage) and primary industry supplies, to continue during the Covid-19 response, as well as key staff in telecommunications, post and delivery, services and waste disposal • Food and other necessary goods. This includes those involved in food production, processing, distribution and sale, as well as those essential to the provision of other key goods (e.g. hygiene, medical etc) • Payroll professionals • Key national and local government including those administrative occupations essential to the effective delivery of the Covid-19 response • Other workers essential to delivering key public services Please see the section entitled ‘Accommodation providers’, should your businesses entail the provision of accommodation to key workers. 15/04/2020 Dexter & Sharpe 7
Closing your business Everyone is instructed to comply with the rules issued by the government in relation to coronavirus, in order to protect both themselves and others. New Regulations extending the restrictions are now enforceable by law in England due to the threat to public health. These supersede Regulations that came into force at 2pm on 21 March 2020. They are enforceable in Wales from 4pm on 26 March 2020 and Scotland from 7.15pm on 26 March 2020. Where an owner, proprietor or manager carrying out a business (or a person responsible for other premises) contravenes the Regulations, that person commits an offence. Businesses and venues that breach them will be subject to prohibition notices, and fixed penalties. With the support of the police, prohibition notices can be used to require compliance with the Regulations including requiring that an activity ceases. If prohibition notices are not followed, or fixed penalty notice not paid, you may also be taken to court with magistrates able to impose potentially unlimited fines. Retail and public premises which we expect to remain open must: • Ensure a distance of two meters between customers and shop assistants; and • Let people enter the shop only in small groups, to ensure that spaces are not crowded. • Queue control is required outside of shops and other essential premises that remain open. Some businesses may remain open. The following businesses and premises must close and remain closed: 15/04/2020 Dexter & Sharpe 8
Closing your business The following businesses and premises must remain closed: 15/04/2020 Dexter & Sharpe 9
Closing your business The following businesses and premises must remain closed: 15/04/2020 Dexter & Sharpe 10
Closing your business The following businesses and premises must remain closed: These premises and other venues must close as they involve prolonged close social contact, which increases the chances of infection spreading. Providers of funeral services such as funeral directors and funeral homes conducting funerals may remain open, subject to Public Health England guidelines as mentioned in the table above. 15/04/2020 Dexter & Sharpe 11
Closing your business Work carried out in people’s homes Work carried out in people’s homes, for example by tradespeople carrying out repairs and maintenance, can continue, provided that the tradesperson is well and has no symptoms. Again, it will be important to ensure that Public Health England guidelines, including maintaining a two-metre distance from any household occupants, are followed to ensure everyone’s safety. No work should be carried out in any household which is isolating or where an individual is being shielded, unless it is to remedy a direct risk to the safety of the household, such as emergency plumbing or repairs, and where the tradesperson is willing to do so. In such cases, Public Health England can provide advice to tradespeople and households. No work should be carried out by a tradesperson who has coronavirus symptoms, however mild. Takeaway and delivery facilities should remain open and operational. This means people can continue to enter premises to access takeaway services, including delivery drivers. Businesses are encouraged to take orders online or by telephone, and businesses should not provide seating areas, indoors and outdoors, for customers to consume food and drink on. Ordering in advance is strongly encouraged to avoid waiting in, as per Public Health England guidelines. Planning regulation has been changed to enable restaurants, cafés and pubs which do not currently offer delivery and hot food takeaway to do so. The legislation can be accessed online. People must not consume food or drinks on site at restaurants, cafés or pubs whilst waiting for takeaway food. Those venues offering takeaway or delivery services must not include alcoholic beverages in this list if their license does not already permit. 15/04/2020 Dexter & Sharpe 12
Travelling to work The single most important action we can all take, in fighting coronavirus, is to stay at home in order to protect the NHS and save lives. When we reduce our day-to-day contact with other people, we will reduce the spread of the infection. That is why the government is now (23 March 2020) introducing three new measures. 1. Requiring people to stay at home, except for very limited purposes 2. Closing non-essential shops and community spaces 3. Stopping all gatherings of more than two people in public Every citizen must comply with these new measures. The relevant authorities, including the police, will be given the powers to enforce them – including through fines and dispersing gatherings. These measures are effective immediately. The Government will look again at these measures in three weeks, and relax them if the evidence shows this is possible. You should only leave the house for one of four reasons. • Shopping for basic necessities, for example food and medicine, which must be as infrequent as possible. • One form of exercise a day, for example a run, walk, or cycle - alone or with members of your household. • Any medical need, or to provide care or to help a vulnerable person. • Travelling to and from work, but only where this absolutely cannot be done from home. These four reasons are exceptions - even when doing these activities, you should be minimising time spent outside of the home and ensuring you are 2 metres apart from anyone outside of your household. These measures must be followed by everyone. Separate advice is available for individuals or households who are isolating, and for the most vulnerable who need to be shielded. More information is available here. 15/04/2020 Dexter & Sharpe 13
The Coronavirus Job Retention
Scheme: Employers
Any UK organisation with employees can apply, including businesses, charities,
recruitment agencies (agency workers paid through PAYE), and public authorities.
You must have created and started a PAYE payroll scheme on or before 28 February
2020 and have a UK bank account.
Where a company is being taken under the management of an administrator, the
administrator will be able to access the Job Retention Scheme.
Check if you’re eligible:
You must have:
• created and started a PAYE payroll scheme on or before 28 February 2020
• enrolled for PAYE online - this can take up to 10 days
• a UK bank account
Employees you can claim for furloughed employees must have been on your PAYE
payroll and notified to HMRC on or before 19 March 2020. Employees that were
employed as of 28 February 2020 and on payroll (i.e. notified to HMRC on an RTI
submission on or before 28 February) and were made redundant or stopped working
for the employer after that and prior to 19 March 2020, can also qualify for the
scheme if the employer re-employs them and puts them on furlough.
Employees can be on any type of contract, including:
• full-time employees
• part-time employees
• employees on agency contracts
• employees on flexible or zero-hour contracts
The scheme also covers employees who were made redundant since 28 February 2020,
if they are rehired by their employer.
To be eligible for the subsidy, when on furlough, an employee can not undertake work
for or on behalf of the organisation. This includes providing services or generating
revenue. While on furlough, the employee’s wage will be subject to usual income tax
and other deductions.
• This scheme is only for employees on agency contracts who are not working.
• If an employee is working, but on reduced hours, or for reduced pay, they will not
be eligible for this scheme.
• You will have to continue paying the employee through your payroll and pay their
salary subject to the terms of the employment contract you agreed.
15/04/2020 Dexter & Sharpe 14The Coronavirus Job Retention
Scheme: Employers
Employers should discuss with their staff and make any changes to the employment
contract by agreement. When employers are making decisions in relation to the
process, including deciding who to offer furlough to, equality and discrimination laws
will apply in the usual way.
To be eligible for the subsidy employers should write to their employee confirming that
they have been furloughed and keep a record of this communication.
Employees hired after 19 March 2020 cannot be furloughed or claimed for in
accordance with this scheme.
You do not need to place all your employees on furlough. However, those employees
who you do place on furlough cannot undertake work for you.
Directors can furlough. When furloughed, directors can complete their statutory
duties, even if furloughed. This is the only work allowed.
If your employee is on unpaid leave:
• Employees on unpaid leave cannot be furloughed, unless they were placed on
unpaid leave after 28 February.
If your employee is on Statutory Sick Pay:
• Employees on sick leave or self-isolating should get Statutory Sick Pay, but can be
furloughed after this.
• Employees who are shielding in line with public health guidance can be placed on
furlough.
If your employee has more than one job:
• If your employee has more than one employer they can be furloughed for each job.
Each job is separate, and the cap applies to each employer individually.
If your employee does volunteer work or training:
• A furloughed employee can take part in volunteer work or training, as long as it does
not provide services to or generate revenue for, or on behalf of your organisation.
However, if workers are required to for example, complete online training courses
whilst they are furloughed, then they must be paid at least the NLW/NMW for the time
spent training, even if this is more than the 80% of their wage that will be subsidised.
If your employee is on Maternity Leave, contractual adoption pay, paternity pay or
shared parental pay:
• Individuals who are on or plan to take Maternity Leave must take at least 2 weeks off
work (4 weeks if they work in a factory or workshop) immediately following the birth
of their baby. This is a health and safety requirement. In practice, most women start
their Maternity Leave before they give birth.
15/04/2020 Dexter & Sharpe 15The Coronavirus Job Retention
Scheme: Employers
• If your employee is eligible for Statutory Maternity Pay (SMP) or Maternity
Allowance, the normal rules apply, and they are entitled to claim up to 39 weeks of
statutory pay or allowance.
• Employees who qualify for SMP, will still be eligible for 90% of their average weekly
earnings in the first 6 weeks, followed by 33 weeks of pay paid at 90% of their
average weekly earnings or the statutory flat rate (whichever is lower). The statutory
flat rate is currently £148.68 a week, rising to £151.20 a week from April 2020.
• If you offer enhanced (earnings related) contractual pay to women on Maternity
Leave, this is included as wage costs that you can claim through the scheme.
• The same principles apply where your employee qualifies for contractual adoption,
paternity or shared parental pay.
Work out what you can claim:
Employers need to make a claim for wage costs through this scheme.
You will receive a grant from HMRC to cover the lower of 80% of an employee’s regular
wage or £2,500 per month, plus the associated Employer National Insurance
contributions and minimum automatic enrolment employer pension contributions on
that subsidised wage. Fees, commission and bonuses should not be included.
At a minimum, employers must pay their employee the lower of 80% of their regular
wage or £2,500 per month. An employer can also choose to top up an employee’s
salary beyond this but is not obliged to under this scheme.
The UK Government will issue more guidance on how employers should calculate their
claims for Employer National Insurance Contributions and minimum automatic
enrolment employer pension contributions, before the scheme becomes live.
Full time and part time employees:
For full time and part time salaried employees, the employee’s actual salary before tax,
as of 28 February should be used to calculate the 80%. Fees, commission and bonuses
should not be included.
Employees whose pay varies:
If the employee has been employed (or engaged by an employment business) for a full
twelve months prior to the claim, you can claim for the higher of either:
• the same month’s earning from the previous year
• average monthly earnings from the 2019-20 tax year
If the employee has been employed for less than a year, you can claim for an average of
their monthly earnings since they started work.
15/04/2020 Dexter & Sharpe 16The Coronavirus Job Retention
Scheme: Employers
If the employee only started in February 2020, use a pro-rata for their earnings so far to
claim.
Once you’ve worked out how much of an employee’s salary you can claim for, you must
then work out the amount of Employer National Insurance Contributions and minimum
automatic enrolment employer pension contributions you are entitled to claim.
Employer National Insurance and Pension Contributions:
All employers remain liable for associated Employer National Insurance contributions
and minimum automatic enrolment employer pension contributions on behalf of their
furloughed employees.
You can claim a grant from HMRC to cover wages for a furloughed employee, equal to
the lower of 80% of an employee’s regular salary or £2,500 per month, plus the
associated Employer National Insurance contributions and minimum automatic
enrolment employer pension contributions on paying those wages.
You can choose to provide top-up salary in addition to the grant. Employer National
Insurance Contributions and automatic enrolment contribution on any additional top-
up salary will not be funded through this scheme. Nor will any voluntary automatic
enrolment contributions above the minimum mandatory employer contribution of 3%
of income above the lower limit of qualifying earnings (which is £512 per month until
5th April and will be £520 per month from 6th April 2020 onwards).
National Living Wage/National Minimum Wage:
Individuals are only entitled to the National Living Wage (NLW)/National Minimum
Wage (NMW) for the hours they are working.
Therefore, furloughed workers, who are not working, must be paid the lower of 80% of
their salary, or £2,500 even if, based on their usual working hours, this would be below
NLW/NMW.
However, if workers are required to for example, complete online training courses
whilst they are furloughed, then they must be paid at least the NLW/NMW for the time
spent training, even if this is more than the 80% of their wage that will be subsidised.
What you’ll need to make a claim:
Employers should discuss with their staff and make any changes to the employment
contract by agreement. Employers may need to seek legal advice on the process. If
sufficient numbers of staff are involved, it may be necessary to engage collective
consultation processes to procure agreement to changes to terms of employment.
15/04/2020 Dexter & Sharpe 17The Coronavirus Job Retention
Scheme: Employers
To claim, you will need:
• Your employer PAYE reference number
• The number of employees being furloughed
• National Insurance Numbers for the employees you want to furlough
• Names of the employees you want to furlough
• Payroll/works number for the employees you want to furlough
• Your Self Assessment Unique Taxpayer Reference or Corporation Tax Unique
Tax payer Reference or Company House Registration Number
• The claim period (start and end date)
• Amount claimed (per the minimum length of furloughing of 3 weeks)
• Your bank account number and sort code
• Your contact name
• Your phone number.
You will need to calculate the amount you are claiming. HMRC will retain the right to
retrospectively audit all aspects of your claim.
If you use an agent who is authorised to act for you for PAYE purposes, they will be
able to make a claim on your behalf. If you use a file only agent (who files your RTI
return but doesn’t act for you on any other matters) they won’t be authorised to
make a claim for you and you will need to make the claim yourself. Your file only
agent can assist you in obtaining the information you need to claim (which is listed
above). We are making the claim process as straightforward as possible.
You can only submit one claim at least every 3 weeks, which is the minimum length an
employee can be furloughed for. Claims can be backdated until the 1 March if
applicable.
Claims should be started from the date that the employee finishes work and starts
furlough, not when the decision is made, or when they written to confirming their
furloughed status.
What to do after you’ve claimed:
• Once HMRC have received your claim and you are eligible for the grant, they will pay
it via BACS payment to a UK bank account.
• You should make your claim in accordance with actual payroll amounts at the point
at which you run your payroll or in advance of an imminent payroll.
• You must pay the employee all the grant you receive for their gross pay, no fees can
be charged from the money that is granted. You can choose to top up the employee’s
salary, but you do not have to.
15/04/2020 Dexter & Sharpe 18The Coronavirus Job Retention
Scheme: Employers
When the government ends the scheme:
• When the government ends the scheme, you must make a decision, depending on
your circumstances, as to whether employees can return to their duties. If not, it
may be necessary to consider termination of employment (redundancy).
Employees that have been furloughed:
• Employees that have been furloughed have the same rights as they did previously.
That includes Statutory Sick Pay entitlement, maternity rights, other parental rights,
rights against unfair dismissal and to redundancy payments. Once the scheme has
been closed by the government, HMRC will continue to process remaining claims
before terminating the scheme.
Income tax and Employee National Insurance:
• Wages of furloughed employees will be subject to Income Tax and National
Insurance as usual. Employees will also pay automatic enrolment contributions on
qualifying earnings, unless they have chosen to opt-out or to cease saving into a
workplace pension scheme.
• Employers will be liable to pay Employer National Insurance contributions on wages
paid, as well as automatic enrolment contributions on qualifying earnings unless an
employee has opted out or has ceased saving into a workplace pension scheme.
Tax Treatment of the Coronavirus Job Retention Grant
• Payments received by a business under the scheme are made to offset these
deductible revenue costs. They must therefore be included as income in the
business’s calculation of its taxable profits for Income Tax and Corporation Tax
purposes, in accordance with normal principles.
• Businesses can deduct employment costs as normal when calculating taxable profits
for Income Tax and Corporation Tax purposes.
• Individuals with employees that are not employed as part of a business (such as
nannies or other domestic staff) are not taxable on grants received under the
scheme. Domestic staff are subject to Income Tax and National Insurance
Contributions on their wages as normal.
15/04/2020 Dexter & Sharpe 19The Coronavirus Job Retention
Scheme: Employees
The Coronavirus Job Retention Scheme is a temporary scheme open to all UK
employers for at least three months starting from 1 March 2020. It is designed to
support employers whose operations have been severely affected by coronavirus
(COVID-19).
Employers can use a portal to claim for 80% of furloughed employees’ (employees on a
leave of absence) usual monthly wage costs, up to £2,500 a month, plus the associated
Employer National Insurance contributions and minimum automatic enrolment
employer pension contributions on that wage. Employers can use this scheme anytime
during this period.
• The scheme is open to all UK employers that had created and started a PAYE payroll
scheme on 28 February 2020.
Check if you’re eligible:
Both you and your employer must agree to put you on furlough - so speak to your
employer about whether they can claim. You cannot apply for the scheme yourself.
Once agreed your employer must write to you confirming you have been furloughed to
be eligible to claim.
Any UK employer with a UK bank account will be able to claim, but you must have been
on your employer’s PAYE payroll on 19 March 2020. You can be on any type of contract,
including a zero-hour contract or a temporary contract.
• This scheme does not apply if you are self-employed or to any income from self-
employment.
• If you’re on sick leave or self-isolating because of coronavirus (COVID-19), speak to
your employer about whether you’re eligible - you should get Statutory Sick Pay
(SSP) while you are on sick leave or self-isolating, but can be furloughed after this.
• If you are shielding in line with public health guidance, then you should speak to
your employer about whether they plan to place staff on furlough.
The grant will start on the day you were placed on furlough and this can be backdated
to 1 March.
If you were made redundant after 28 February:
Your employer can agree to re-employ you and place you on furlough instead. They’ll
still be able to claim a grant to cover 80% of your monthly earnings, up to a monthly
cap of £2,500.
If you currently have more than one employer:
You can be put on furlough by one employer and continue to work for another, if it is
permitted within your employment contract. If you’re put on furlough by more than
one employer, you’ll receive separate payments from each employer. The 80% of your
normal wage up to a £2,500 monthly cap applies to each job.
15/04/2020 Dexter & Sharpe 20The Coronavirus Job Retention
Scheme: Employees
If you are on Universal Credit:
If you’re earning less because you’re on furlough, your Universal Credit payment might
change - find out how earnings affect your payments.
If you are on Maternity Leave, contractual adoption pay, paternity pay or shared
parental pay:
You must take at least 2 weeks Maternity Leave (4 weeks if you work in a factory or
workshop) immediately following the birth of your baby. This is a health and safety
requirement. In practice, most women start their Maternity Leave before they give
birth and you may want to do this.
If you are eligible for Statutory Maternity Pay (SMP) or Maternity Allowance, the
normal rules apply, and you will be entitled to claim up to 39 weeks of statutory pay or
allowance.
If you qualify for SMP, you will still be eligible for 90% of your average weekly earnings
in the first 6 weeks, followed by 33 weeks of pay paid at 90% of your average weekly
earnings or the statutory flat rate (whichever is lower). The statutory flat rate is
currently £148.68 a week, rising to £151.20 a week from April 2020.
Some employers ‘top up’ Statutory Maternity Pay and their employees are eligible for
an enhanced, earnings related rate of pay. If you are eligible for enhanced (contractual)
maternity pay from your employer this is included within the wage costs that your
employer can claim through the scheme. The same principles apply if you qualify for
contractual adoption pay, paternity pay or shared parental pay.
If you are currently pregnant and due to start Maternity Leave:
You will start Maternity Leave as usual. If your earnings have reduced due to a period
on furlough or statutory sick pay prior to your Maternity Leave starting this may affect
your Statutory Maternity Pay. The same principle applies to contractual adoption pay,
paternity pay and shared parental pay.
How much you’ll get:
Your employer will get a grant to cover 80% of your monthly earnings, up to a
maximum of £2,500. Firms will be eligible for the grant once you have been furloughed,
from 1 March. Your employer:
• will pay you at least 80% of your usual monthly earnings, up to a maximum of
£2,500, as your wage
• can claim for a minimum of 3 weeks and for up to 3 months - but this may be
extended
• can choose to pay you more than the grant - but they do not have to
• You’ll still pay Income Tax, National Insurance contributions and any other
deductions from your wage.
15/04/2020 Dexter & Sharpe 21The Coronavirus Job Retention
Scheme: Employees
If you are concerned that your employer is not paying you what you are entitled to then
you should raise this with your employer in the first instance, then with Acas (Advisory,
Conciliation and Arbitration Service).
How your monthly earnings are calculated:
If you’ve been employed (or engaged by an employment business in the case of agency
workers) for a full year, employers will claim for the higher of either:
• the amount you earned in the same month last year
• an average of your monthly earnings from the last year
• If you’ve been employed for less than a year, employers will claim for an average of
your monthly earnings since you started work. The same arrangements apply if your
monthly pay varies such as if you are on a zero-hour contract.
If you started work in February 2020, your employer will pro-rata your earnings from
that month.
Bonuses, commissions and fees are not included as part of your monthly earnings.
While you’re on furlough:
Your employer will need to notify you before putting you on furlough. Once you are on
furlough you will not be able to work for your employer, but you can undertake training
or volunteer subject to public health guidance, as long as you’re not:
• making money for your employer
• providing services to your employer
If workers are required to for example, complete training courses whilst they are
furloughed, then they must be paid at least the NLW/NMW for the time spent training,
even if this is more than the 80% of their wage that will be subsidised. Any activities
undertaken while on furlough must be in line with the latest Public Health guidance
during the COVID-19 outbreak.
Your employer can still make you redundant while you’re on furlough or afterwards,
and your rights as an employee are not affected by being on furlough, including
redundancy rights.
If your employer chooses to place you on furlough, you will need to remain on furlough
for a minimum of 3 weeks. However, your employer can place you on furlough more
than once, and one period can follow straight after an existing furlough period, while
the scheme is open. The scheme will be open for at least 3 months.
15/04/2020 Dexter & Sharpe 22The Coronavirus Job Retention
Scheme: Employees
If you do not want to go on furlough:
If your employer asks you to go on furlough and you refuse you may be at risk of
redundancy or termination of employment, depending on the circumstances of your
employer. However, this must be in line with normal redundancy rules and protections.
The Coronavirus Job Retention
Scheme: a summary
• The Government aims to get the scheme up and running before the end of April.
• The 80% Grant is based on the higher of (i) the earnings in the same pay period in
the previous year; or (ii) the average earnings in the previous 12 months (or less, if
they've worked for less)
• Employees who have been recruited after 1 March 2020 are excluded from the
scheme.
• Employers can re-employ people who have been made redundant since 1st March,
and then furlough them.
• To qualify for the payment, an employee must be furloughed for a minimum of
THREE weeks. They can then come off furlough. This means that employers cannot
rotate staff weekly between furlough and non-furlough.
• There is nothing in the guidance which prohibits rotating furlough leave amongst
employees, provided each employee is off for a period of at least three weeks
• Employees on furlough leave can do volunteering or training, providing it does not
generate any money for their employer.
• The scheme is open to all UK employers that had a PAYE scheme in place on 28
February 2020
• Any organisation with employees can apply, including charities, recruitment agencies
and public authorities.
• The government does not expect public sector employers to use it as long as central
government continues funding wage costs in the normal way.
• With agency Employees, the scheme is only available for agency employees who are
not working. Agency Workers who are not Employees, and engaged on a zero hours
Contract for Services are not entitled to the Grant, and would simply be laid off in
accordance with their contract.
15/04/2020 Dexter & Sharpe 23The Coronavirus Job Retention
Scheme: a summary
• Employers can reclaim up to 80% of wage costs up to a cap of £2,500 per month, plus
(not including) the associated employer NICs and minimum auto-enrolment pension
contributions on that wage. Fees, commissions and bonuses are NOT included.
• Employers can choose to top up to 100%, but does not have to (subject to
employment law and renegotiating any contractual entitlements)
• If Employees’ pay varies form week to week the Employer can claim for the higher of
(i) the same month's earning from the previous year (e.g. earnings from March
2019); or (ii) average monthly earnings in the 2019-20 tax year
• Individuals are only entitled to the minimum wage when they work. So if they are
furloughed and do not work, and 80% of their normal earnings would take them
below the minimum wage based on their normal working hours, they still only
receive 80% as they are not working. However, they are entitled to be paid NMW for
any time spent training.
• To be eligible, the Employee must have been on the payroll on 28 February 2020. If
they were hired later, they are not eligible. Anybody who was on the payroll on 28
Feb and has since been made redundant can be rehired and put on the scheme.
• When agreeing changes in hours (and acceptance of 80% pay), assuming the
contract does not already allow for that, normal employment law applies. The
employer must be careful not to discriminate in deciding who to offer furlough too.
• Employees on sick pay or self-isolating cannot be furloughed, but can be furloughed
afterwards. Employees who are shielding can be placed on furlough.
• Employees on maternity (or similar) leave can continue to draw SMP (or similar)
payments. The guidance does not prohibit women on maternity leave agreeing to
return to work early and then being furloughed, or electing to change to shared
parental leave and then being furloughed.
• Employers can only claim once every three weeks, i.e. they cannot get weekly
reimbursement. Claims can be backdated to 1 March 2020.
• The government plans issue further guidance on the process of claiming the
payment in April.
• Furloughed can volunteer for the NHS without risking their pay. Details can be found
here.
15/04/2020 Dexter & Sharpe 24Support for businesses who are
paying sick pay to employees
The UK government will bring forward legislation to allow small- and medium-sized
businesses and employers to reclaim Statutory Sick Pay (SSP) paid for sickness absence
due to COVID-19. The eligibility criteria for the scheme will be as follows:
• this refund will cover up to 2 weeks’ SSP (at the current rate of SSP) per eligible employee who has
been off work because of COVID-19
• employers with fewer than 250 employees will be eligible - the size of an employer will be
determined by the number of people they employed as of 28 February 2020
• employers will be able to reclaim expenditure for any employee who has claimed SSP (according to
the new eligibility criteria) as a result of COVID-19
• employers should maintain records of staff absences and payments of SSP, but employees will not
need to provide a GP fit note
• eligible period for the scheme will commence the day after the regulations on the extension of
Statutory Sick Pay to those staying at home comes into force
The UK Government is in the process of setting up a repayment mechanism. The
repayment will not to be set against future PAYE obligations. However, the timescale is
yet to be confirmed.
Those who follow advice to stay at home and who cannot work as a result will be
eligible for statutory sick pay (SSP), even if they are not themselves sick. Employers
should use their discretion and respect the medical need to self-isolate in making
decisions about sick pay.
If evidence is required by an employer, those with symptoms of coronavirus can get an
isolation note from NHS 111 online and those who live with someone that has
symptoms can get a note from the NHS website.
Anyone not eligible to receive sick pay, including those earning less than an average of
£118 per week, some of those working in the gig economy, or self-employed people, is
able to claim Universal Credit and or contributory Employment and Support Allowance.
For those on a low income and already claiming Universal Credit, it is designed to
automatically adjust depending on people’s earnings or other income. However, if
someone needs money urgently they can apply for an advance through the journal.
Eligibility: You are eligible for the scheme if:
• Your business is UK based.
• Your business is a small or medium-sized and employs fewer than 250 employees as
of 28 February 2020.
15/04/2020 Dexter & Sharpe 25Support for businesses who are
paying sick pay to employees
• are claiming for an employee who’s eligible for sick pay due to coronavirus
• had a PAYE payroll scheme that was created and started on or before 28 February
2020
• The scheme covers all types of employment contracts, including:
• full-time employees
• part-time employees
• employees on agency contracts
• employees on flexible or zero-hour contracts
Records you must keep
You must keep records of all the statutory sick payments that you want to claim from
HMRC, including:
•the reason why an employee could not work
•details of each period when an employee could not work, including start and end dates
•details of the SSP qualifying days when an employee could not work
•National Insurance numbers of all employees who you have paid SSP to
You’ll have to keep these records for at least 3 years following your claim.
15/04/2020 Dexter & Sharpe 26Support for businesses
that pay business rates
The UK Government will introduce a business rates retail holiday for retail, hospitality
and leisure businesses in England for the 2020 to 2021 tax year.
Businesses that received the retail discount in the 2019 to 2020 tax year will be rebilled
by their local authority as soon as possible.
Eligibility: You are eligible for the business rates holiday if:
• Your business is based in England.
• Your business is in the retail, hospitality and/or leisure sector.
Properties that will benefit from the relief will be occupied hereditaments that are
wholly or mainly being used:
• as shops, restaurants, cafes, drinking establishments, cinemas and live music venues
• for assembly and leisure
• as hotels, guest & boarding premises and self-catering accommodation
• bingo halls, estate agents, and letting agencies
Examples of the establishments that will enjoy the business rates retail holiday can be
found here. Business rates calculation information can be found here.
How to access the scheme:
There is no action for you. This will apply to your next council tax bill in April 2020.
However, local authorities may have to reissue your bill automatically to exclude the
business rate charge. They will do this as soon as possible.
You can estimate the business rate charge you will no longer have to pay this year using
the business rates calculator.
15/04/2020 Dexter & Sharpe 27Support for businesses that
pay business rates: Nurseries
The UK Government will introduce a business rates holiday for nurseries in England for
the 2020 to 2021 tax year.
Eligibility
You are eligible for the business rates holiday if:
• your business is based in England
Properties that will benefit from the relief will be hereditaments:
• occupied by providers on Ofsted’s Early Years Register
• wholly or mainly used for the provision of the Early Years Foundation Stage
How to access the scheme
There is no action for you. This will apply to your next council tax bill in April 2020.
However, local authorities may have to reissue your bill to exclude the business rate
charge. They will do this as soon as possible.
You can estimate the business rate charge you will no longer have to pay this year using
the business rates calculator.
15/04/2020 Dexter & Sharpe 28Grant Funding Schemes In response to the Coronavirus, Covid-19, the Government announced there would be support for small businesses, and businesses in the retail, hospitality and leisure sectors. This support will take the form of two grant funding schemes, the (1) Small Business Grant Fund and the (2) Retail, Hospitality and Leisure Grant Fund. The schemes will be delivered by Local Authorities – if you are eligible, your Local Authority will be in touch with you to arrange payment. Businesses seeking information should refer to the Government’s business support website: https://www.businesssupport.gov.uk/ How will the grants be provided? Central Government will provide funding to Local Authorities that are responsible for business rate billing. Those Local Authorities will contact eligible businesses to arrange payment of the grants. How much funding will be provided to businesses? Under the Small Business Grant Fund (SBGF) all eligible businesses in England in receipt of either Small Business Rates Relief (SBRR) or Rural Rates Relief (RRR) in the business rates system will be eligible for a payment of £10,000. Under the Retail, Hospitality and Leisure Grant (RHLG) eligible businesses in England in receipt of the Expanded Retail Discount (which covers retail, hospitality and leisure) with a rateable value of less than £51,000 will be eligible for a cash grants of £10,000 or £25,000 per property. Eligible businesses in these sectors with a property that has a rateable value of up to and including £15,000 will receive a grant of £10,000. Eligible businesses in these sectors with a property that has a rateable value of over £15,000 and less than £51,000 will receive a grant of £25,000. The Government’s assessment is that, given the impact of Covid-19 in the sectors receiving the relief, the business rates expanded retail, leisure and hospitality discount 2020-21 is not a state aid. Businesses with a rateable value of £51,000 or over are not eligible for this scheme. Businesses which are not ratepayers in the business rates system are not included in this scheme. 15/04/2020 Dexter & Sharpe 29
Grant Funding Schemes Small Business Grant Fund Eligibility Businesses with a property that on the 11 March 2020 were eligible for Small Business Rate Relief (SBRR) Scheme (including those with a Rateable Value between £12,000 and £15,000 which receive tapered relief). Businesses which on 11 March 2020 were eligible for relief under the Rural Rate Relief Scheme are also eligible for this scheme. Eligible recipients will receive one grant per property. Exclusions to Small Business Grant Fund You cannot get SBGF for: • Properties occupied for personal uses, such as private stables and loose boxes, beach huts and moorings. • Car parks and parking spaces. • Businesses which as of the 11 March were in liquation or were dissolved will not be eligible. Retail, Hospitality and Leisure Grant Eligibility Properties which on the 11 March 2020 had a rateable value of less than £51,000 and would have been eligible for a discount under the business rates Expanded Retail Discount Scheme had that scheme been in force are eligible for the grant. Charities which would otherwise meet this criteria but whose bill for 11 March had been reduced to nil by a local discretionary award should still be considered to be eligible for the RHL grant. Recipients will receive one grant per eligible property. Exclusions to RHLG You cannot get RHLG for: • Properties occupied for personal uses, such as private stables and loose boxes, beach huts and moorings. • Car parks and parking spaces. • Properties with a rateable value of £51,000 or over. • Businesses which as of the 11 March were in liquation or were dissolved will not be eligible. Eligible recipients will receive one grant per property. Recipients cannot receive both SBGF and RHLG on the same property. More information is available here. 15/04/2020 Dexter & Sharpe 30
Support for larger firms through
the COVID-19 Corporate
Financing Facility
Under the new Covid-19 Corporate Financing Facility, the Bank of England will buy short
term debt from larger companies. This will support your company if it has been affected
by a short-term funding squeeze, and allow you to finance your short-term liabilities.
It will also support corporate finance markets overall and ease the supply of credit to all
firms. The scheme will be available early in week beginning 23 March 2020.
The Covid Corporate Financing Facility (CCFF, the Facility) will provide funding to
businesses by purchasing commercial paper of up to one-year maturity, issued by firms
making a material contribution to the UK economy. It will help businesses across a
range of sectors to pay wages and suppliers, even while experiencing severe disruption
to cashflows.
The facility will offer financing on terms comparable to those prevailing in markets in
the period before the Covid-19 economic shock, and will be open to firms that can
demonstrate they were in sound financial health prior to the shock. The facility will look
through temporary impacts on firms’ balance sheets and cash flows by basing eligibility
on firms’ credit ratings prior to the Covid-19 shock. Businesses do not need to have
previously issued commercial paper in order to participate.
The Covid Corporate Financing Facility Limited (the Fund) will purchase Commercial
Paper (CP) during a defined period each business day. The Fund, operated by the Bank,
on behalf of HM Treasury, will purchase, at a minimum spread over reference rates,
newly issued CP in the primary market via dealers and after issuance from eligible
counterparties in the secondary market.
Further details of the Facility, including application forms, terms and conditions and
operating procedures will be published on the Bank’s website on Monday 23 March
2020.
All UK businesses are eligible.
The Bank’s intention is for the Facility to operate for an initial period of 12 months
The Bank will provide 6 months’ notice of the withdrawal of the Facility.
More information on the scheme is available here.
15/04/2020 Dexter & Sharpe 31Coronavirus Business Interruption
Loan Scheme
CBILS is a new scheme that can provide facilities of up to £5m for businesses with a
turnover of up to £45m or £25m for businesses with a turnover of between £45m and
£500m across the UK who are experiencing lost or deferred revenues, leading to
disruptions to their cashflow. CBILS supports a wide range of business finance products,
including term loans, overdrafts, invoice finance and asset finance facilities.
The scheme provides the lender with a government-backed guarantee. Businesses can
access the first 12 months of that finance interest free, as government will cover the
first 12 months of interest payments and any lender-levied fees.
The business remains liable for repayments of the capital. The maximum value of a
facility provided under the scheme will be £5 million pounds for businesses with a
turnover of up to £45m or £25m for businesses with a turnover of between £45m and
£500m.
Finance terms are from three months up to six years for term loans and asset finance
and up to three years for revolving facilities and invoice finance.
To apply for an CBILS-backed facility, businesses may wish to consider approaching one
or more participating lenders to discuss their borrowing needs.
It will be provided by the British Business Bank through participating providers, and will
offer more attractive terms for both businesses applying for new facilities and lenders,
with the aim of supporting the continued provision of finance to UK businesses during
the Covid-19 outbreak.
The borrower always remains 100% liable for the debt.
To be eligible for support via CBILS, the small business must:
• Be UK based in its business activity with annual turnover of no more than £45m .
• The new Coronavirus Large Business Interruption Loan Scheme (CLBILS) will ensure
that more firms are able to benefit from government-backed support during this
difficult time. It will provide a government guarantee of 80% to enable banks to
make loans of up to £25 million to firms with an annual turnover of between £45
million and £500 million. This will give banks the confidence to lend to more
businesses which are impacted by coronavirus but which they would not lend to
without CLBILS. Loans backed by a guarantee under CLBILS will be offered at
commercial rates of interest and further details of the scheme will be announced
later this month.
15/04/2020 Dexter & Sharpe 32Coronavirus Business Interruption
Loan Scheme
• Have a borrowing proposal which, were it not for the COVID-19 pandemic, would be
considered viable by the lender, and for which the lender believes the provision of
finance will enable your business to trade out of any short-to-medium term difficulty.
• For facilities above £250,000 lenders will need to evidence other security is not
available. For facilities under £250,000 lenders can use discretion to waive the
requirement for security. Under the scheme, lenders will not take personal
guarantees of any form for facilities below £250,000.
• Your business must generate more than 50% of its turnover from trading activity.
• Your application must be for business purposes, and primarily support trading in the
UK.
• Importantly, access to the scheme has now been opened up to smaller businesses
facing cashflow difficulties who previously would not have been eligible for CBILS
because they met the requirements for a standard commercial facility.
• You may therefore consider re-contacting your lender if you have previously been
unsuccessful in securing funding.
15/04/2020 Dexter & Sharpe 33Coronavirus Business Interruption
Loan Scheme: Features & Access
Key Features:
• Up to £5m facility: The maximum value of a facility provided under the scheme will
be £5m, available on repayment terms of up to six years.
• 80% guarantee: The scheme provides the lender with a government-backed, partial
guarantee (80%) against the outstanding facility balance, subject to an overall cap
per lender.
• No guarantee fee for SMEs to access the scheme: No fee for smaller businesses.
Lenders will pay a fee to access the scheme.
• Interest and fees paid by Government for 12 months: The Government will make a
Business Interruption Payment to cover the first 12 months of interest payments and
any lender-levied fees, so smaller businesses will benefit from no upfront costs and
lower initial repayments.
• Finance terms: Finance terms are up to six years for term loans and asset finance
facilities. For overdrafts and invoice finance facilities, terms will be up to three years.
• Security: At the discretion of the lender, the scheme may be used for unsecured
lending for facilities of £250,000 and under. For facilities above £250,000, the lender
must establish a lack or absence of security prior to businesses using CBILS. If the
lender can offer finance on normal commercial terms without the need to make use
of the scheme, they will do so.
• Lending will be available to sole traders, freelancers, as well as limited companies
and partnerships.
How can I access the scheme?
In the first instance, businesses should approach their own provider – ideally via the
lender’s website. They may also consider approaching other lenders if they are unable
to access the finance they need.
Decision-making on whether you are eligible for CBILS is fully delegated to the 40+
accredited CBILS lenders. These lenders range from high-street banks, to challenger
banks, asset-based lenders and smaller specialist local lenders.
Note: if the accredited lender can offer finance on normal commercial terms without
the need to make use of the scheme, they will do so.
CBILS is available through the British Business Bank’s 40+ accredited lenders, which are
listed on the British Business Bank website here.
15/04/2020 Dexter & Sharpe 34You can also read
