Retrospective furlough agreements must be in place by the 13 November

The government’s latest guidance confirms that, as before, to be eligible for the grant, employers must have confirmed in writing that an employee has been furloughed or flexibly furloughed (although the employee does not need to provide a written response).

Where consistent with employment law, any flexible furlough or furlough agreement made retrospectively that has effect from 1 November 2020 will be valid for the purposes of a CJRS claim as long as it is made according to the conditions set out in 3.2 of the link below.

Only retrospective agreements put in place up to and including the 13 November 2020 may be relied on for the purposes of a CJRS claim.

https://www.gov.uk/government/publications/extension-to-the-coronavirus-job-retention-scheme/extension-of-the-coronavirus-job-retention-scheme