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Checking for excessive furlough payments

Andrew Sackey (Pinsent Masons) urges employers to review their furloughed employees’ activity to ensure compliance as the October deadline approaches.

Employers and employees alike have understood the binary principle of furloughed staff not being able to undertake ‘remunerative work’ during periods whilst they are (or were) furloughed as a result of the coronavirus pandemic. The rules however also prohibit employees providing ‘services to’ their employer and this restriction encompasses a broader and perhaps more nebulous spread of behaviours including staff conduct that is far harder for the centre to identify with the necessary certainty.

HMRC is both a law enforcement agency and the UK’s tax administration. When faced with egregious breaches of the furlough process HMRC has already demonstrated that it will launch dawn raids (at the time of writing two separate company directors and an accountant have already been arrested for furlough abuses)....

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