Employment Cases Update

The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) (Amendment) Regulations 2020

Date published: 18/11/2020

The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (“the principal Regulations”) set out how a week’s pay is to be calculated in the case of an employee who has been furloughed under the Coronavirus Job Retention Scheme (“the CJRS”).

The Employment Rights Act 1996 (Coronavirus, Calculation of a Week's Pay) Regulations 2020 ("the principal Regulations") set out how a week's pay is to be calculated in the case of an employee who has been furloughed under the Coronavirus Job Retention Scheme ("the CJRS"), for the purposes of calculating:

a) any statutory remuneration for time off to look for employment or arrange training;

b) any statutory notice payment;

c) any statutory sum resulting from a failure to provide a written statement of reasons for dismissal;

d) any statutory sum resulting from a failure to comply with an order for reinstatement or re-engagement;

e) any statutory compensation for unfair dismissal; and

f) any statutory redundancy payment,

to which in each case they are entitled. They also set out how a week's pay is to be calculated for the purpose of deciding whether an employee is taken to be on short-time for statutory purposes.

Read the full text of the SI here