Flexible Furlough Scheme FAQs
Helping you through difficult and uncertain times
We are offering a Flexible Furlough Scheme to our workers at this difficult and uncertain time. Monitoring of Government guidance is ongoing and we will update the terms of our scheme in response to any changes.
Full details of the current government legislation on Furlough can be found here.
Q. How is my flexible furlough pay calculated?
A. In simple terms, flexible furlough is based on firstly determining your ‘usual pay’ by calculating average pay over a specific period divided by your average hours for that period. Furlough pay is the lesser of either:
• 80% of usual pay
• the maximum pay amount (being £2,500 per month pro-rata for a week)
We then need to factor in your working hours vs furloughed hours. This is done by:
• Calculating your Furlough pay (as above)
• Multiply by the furloughed hours
• Divide by the usual hours
For a more detailed explanation of the calculations please see question below.
Q. What is the detailed calculation of Flexible Furlough?
A. Flexible furlough contains a number of elements to get to the final calculation:
1. Usual Hours
2. Furlough Hours
3. Usual Pay
4. Final Calculation
These are explained below:
1. Usual Hours
The number of hours you usually work each week becomes your ‘usual hours’. Depending on when you started working determines how we calculate this amount.
If you worked for us in the 2019/20 tax year, we use the higher of either the average weekly hours you have worked during the whole tax year, or the hours you worked in the corresponding week of that tax year.
To work out the usual hours for a week based on the average number of hours worked in the tax year 2019 to 2020:
• Start with the number of hours actually worked in the tax year 2019 to 2020 before the first period of furlough, or the end of the tax year if earlier.
• Divide by the number of calendar days employed in the tax year 2019 to 2020, up until the day before they were furloughed, or the end of the tax year if earlier.
• Multiply by 7 calendar days for hours per week.
•Round up or down if the result is not a whole number.
If you started working for the first time since 6 April 2020, we use the average number of weekly hours you have worked since starting work with us, up to your first day of furlough.
To work out the usual hours for each pay period (or partial pay period) based on the average number of hours worked in the tax year 2020 to 2021:
• Start with the number of hours actually worked from 6 April 2020 and up to (and including) the day before the first day spent on furlough.
• Divide by the number of calendar days employed in the tax year 2020 to 2021, up until the day before being furloughed.
• Multiply by 7 calendar days for hours per week.
• Round up or down if the result is not a whole number.
2. Furlough Hours
Next, we need to establish what your ‘furlough hours’ are. To calculate the number of furloughed hours:
• Start with your usual hours (see Part One above).
• Subtract the number of hours actually worked in the claim period.
• https://www.gov.uk/guidance/steps-to-take-before-calculating-your-claim-using-the-coronavirus-job-retention-scheme
3. Usual Pay
The next step is to establish what ‘usual pay’ is. We do this using the variable pay guidance in the same way as calculating ‘usual hours’.If you worked for us in the 2019/20 tax year, we use the higher of either the average weekly pay you have received during the whole tax year, or the pay you received in the corresponding week of that tax year. To work out 80% of the average monthly wages for tax year 2019 to 2020:
• Start with the amount of pay that was paid in the tax year up to the day before the first day of furlough.
• Divide it by the number of days from the start of the tax year – including non-working days (up to the day before the first day of furlough, or 5 April 2020 – whichever is earlier).
• Multiply by 7 days for average pay pre week. To work out the average earnings for an educator who started working on or after 6 April 2019:
• Start with the amount of pay that was paid in the tax year up to the day before the first day of furlough.
• Divide it by the number of days employed since the start of the tax year – including non-working days (up to the day before the first day of furlough or 5 April 2020 – whichever is earlier).
• Multiply by 7 days for average pay pre week. Each day after the first day worked is counted in making this calculation. This includes non-working days.
If you started working for the first time since 6 April 2020, we use the average of your pay since you started working for us, up to your first day of furlough.
To work out the average pay between 6 April 2020 (or, if later, the first day worked) and the day before the first day of furlough:
• Start with the amount of pay that was paid from 6 April 2020 and up to (and including) the day before the first day spent on furlough.
• Divide it by the number of days since the start of the tax year – including non-working days (up until the day before they were furloughed).
• Multiply by 7 days for average pay pre week.
4. Final Calculation
Finally, we work out how much furlough pay you should receive, in addition to any ‘actual work’ you have completed in the payment week.
The minimum furlough pay is the lesser of either:
• 80% of usual pay
• the maximum pay amount (being £2,500 per month pro-rata for a week)
If flexibly furloughed the minimum furlough pay depends on the working and furloughed hours.
• Start with the lesser of 80% of usual pay and the maximum pay amount.
• Multiply by the furloughed hours.
• Divide by the usual hours.
Q. Why is my furlough pay different to the last lockdown?
A. The calculation methodology used has been updated in line with the latest government legislation which is different to previous furlough schemes. For full details of the revised calculations see our first question above.
Q. Why can you not backdate my furlough payment?
A. Unfortunately furlough payments cannot be backdated due to a change in the government scheme. This rule is referenced in clause 6.1 and 7.1 in theTreasury Direction webpage which can be accessed via the following link. Treasury Direction made under Sections 71 and 76 of the Coronavirus Act 2020 in relation to the extension of the Coronavirus Job Retention Scheme - GOV.UK
Furlough payments can only begin from the date you sign the Furlough Agreement. Furlough agreements for the latest scheme were sent with the first date of the agreement being 25th January 2021. HM Treasury have confirmed on 26 January 2021 that the guidance applies to all furlough arrangements, including for supply staff.
Q. Why is my weekly furlough pay changing?
A. Weekly furlough payment amounts will fluctuate and may be higher or lower each week. This will be because of any bookings completed in the week (if relevant) or usually because of a difference in the corresponding week of the 2019/20 tax year.
Q. Is there a different calculation you can use to pay me more furlough?
A. Unfortunately not. We must follow the guidance provided by Government. If you do not want to accept our offer of furlough, we will continue to look for work for you, but we are unable to negotiate on the furlough payment or the calculation used to determine it.
Q. Why must payments be one week in arrears?
A. Flexible furlough allows you to continue to work and so we need time to process the timesheets for those who do work in the week and to then perform the calculations outlined in these FAQs.
Q. When will the scheme end?
A. The scheme currently runs until Sunday 7th March 2021.
Q. Is the weekly furlough amount quoted on communications gross or net?
A. The amount quoted on the emails is the gross amount. This will be subject to tax and NI and student loan deductions (if applicable).
Q. Will accepting the furlough payments affect universal credit payments?
A. Yes. You will need to advise the Department for Work and Pensions of the amount you will be getting on furlough. This may have an impact on any universal credit payments.
Q. Will the scheme cover the February half term break?
A. Yes
Q. I have more than one employer am I eligible?
A. If you have had multiple employers over the past year, have only worked for one of them at any one time, and are being furloughed by your current employer, you cannot be furloughed by your previous employer.
Q. I am registered but have not yet worked for Protocol Education, am I eligible?
A. No
Q. I am registered but was first paid after 1st November, am I eligible?
A. No (we will monitor any changes in guidance if the qualifying criteria changes)
Q. I am Clinically Extremely Vulnerable and cannot attend school am I eligible?
A. Yes (see other eligibility rules)
Q. I have to stay at home to look after my children/vulnerable relative am I eligible?
A. Yes as long as you meet all of the other government eligibility rules.
Q. I have work in the period am I eligible and can I still work?
A. If the government eligibility criteria are met, then you are eligible and under the flexible furlough scheme you can still work.
The amount of work you complete in a week will then be compared to the computed average work in the historic period or comparative period. If you have worked less than that computed, you will receive an additional amount on top of the pay for the work completed. If you work more hours than computed you will not receive any additional furlough amounts but will be paid for all days worked.
The calculations will be communicated once the systems have been developed.
Q. I have been offered a booking should I take it?
A. If you can work, then you should take the booking. It will not affect your eligibility to the furlough scheme.
Q. I do not want to have furlough what do I do?
A. You do not need to accept the offer of furlough and you will not need to accept the agreement when it is issued as part of the updated processes.
Q. How can we help if you do not qualify for the scheme?
We will look for work for all of our educators where possible. You will also be able to apply for universal credit if you require additional financial assistance. https://www.gov.uk/universal-credit
Updated January 2021