New Furlough Guidance - some highlights:

1. Old guidance said the scheme was to "support employers whose operations have been severely affected by" CV19. It now says "If you cannot maintain your current workforce because your operations have been severely affected …" /1

This may just be a clarification or it may be a tightening, making it clear that it is only available in "redundancy" situations. /2

2. On the other hand, it is clear you can re-employ and furlough even where the original termination was not for redundancy: "If you made employees redundant *or they stopped working for you* on or after 28/2 you can re-employ them" /3

3. Good news for employees who live with someone who is shielding or who have caring responsibilities - they can now be furloughed even if not redundant /4

4. More good news for those on fixed term contracts, Employers can extend fixed terms and furlough /5

5. The position of company directors has been clarified - they can discharge statutory duties whilst on furlough "provided they do no more than would reasonably be judged necessary for that purpose" /6

6. "Limb (b) workers" - that is technically self-employed people who are engaged by employers and paid on PAYE can be furloughed /7

7. You can definitely "rotate" groups of employees on and off furlough but each instance must be for a minimum of three consecutive weeks. /8

Drawing breath, some things that are not dealt with: There is no extension to "new starters" who were not on the payroll on 18/2"; there is no specific guidance on post 28/2 TUPE transferees; there is no specific guidance on taking or being made to take holiday during furlough /9

Also, still not clear whether those who fall ill during sick furlough must be transferred to sick leave and, if so, whether that breaks the three consecutive week minimum furlough period making reclaim for earlier salary payments impossible /10

8. You can get another job whilst on furlough "if contractually allowed", i.e. if the employer who put you on furlough permits it. /11