Apply CJRS to everyone on the PAYE payroll on 28 February
Employers in archaeology should apply the government’s Coronavirus Job Retention Scheme to people who were recorded on employers’ PAYE payroll systems on 28 February 2020, says Prospect.
The call came in an email to the Federation of Archaeological Managers and Employers from Prospect negotiator, Andy Bye, on 1 April.
The email followed discussions with a number of archaeology employers in recent days.
Bye said that, given the government’s guidance, all employers should apply the CJRS to as many people as possible who were recorded on the employer’s PAYE payroll system on 28 February 2020.
“At a national level Prospect is seeking to ensure, via direct lobbying of government and via the TUC, that as many workers as possible are covered by the CJRS.
“We will be doing so later today (1 April) in a meeting with senior officials from the Department for Business, Energy and Industrial Strategy.
“We believe we will be knocking at an open door. But we are calling on the government to make it very clear to all employers that the CJRS should be available to as many workers as possible,” said Bye.
He pointed out that because of the nature of archaeology, many workers do not work under permanent contracts of employment. Many are paid by employers via PAYE, but they work for the employer on a series of fixed-term contracts.
Bye said many members have worked in archaeology in this way during the past 12 months, with their last period of employment ending in March 2020 or earlier.
Members have accepted voluntary redundancy, and others made redundant on a compulsory basis, fear that they will be denied access to the protection and funding provided by the CJRS at a time when any other work may be impossible to find.
Anyone who has taken up work with a new employer since 28 February cannot be furloughed by their current employer.
Government guidance
Bye pointed out that the government’s guidance says the CJRS can be applied to staff who are no longer employed by an employer, but who were on the employer’s PAYE payroll system on 28 February 2020.
The government guidance for employees says:
“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 28 February 2020. You can be on any type of contract, including a zero-hour contract or a temporary contract.
“If you were made redundant after 28 February your employer can agree to re-employ you and place you on furlough instead.”
The government guidance for employers says:
“Furloughed employees must have been on your PAYE payroll on 28 February 2020, and 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.”
Bye said: “Reading all of the published guidance, and looking specifically at the references to redundant staff and flexible or zero-hour contracts, there is clearly no requirement for employers to provide evidence that work for furloughed individuals would have been available during any three-week furloughed period.
“So, we fail to see how any employer would not want to broaden access to the fully-funded support that the government is putting in place during what can only be described as a global crisis.
“In these very difficult times, we are calling on FAME, and all of its members, to work with us so that, where possible, FAME members make the offer of being furloughed to as many workers as possible, not just their current employees.
“We will use our growing social media profile in archaeology and other industries to highlight and praise employers who work with Prospect to ensure that as many people as possible get the help they need during the current crisis,” Bye concluded.