Citation and commencement

1. These Regulations may be cited as the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) (Amendment) Regulations 2020 and come into force on 18th November 2020.

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

2.The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020( 2 ) are amended as follows.

Amendment of regulation 2 (interpretation)

3. In regulation 2(1)—

(a) for the definition of “Coronavirus Job Retention Scheme” substitute—

“ “Coronavirus Job Retention Scheme” means the scheme of that name established by the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction, given by the Treasury under sections 71 and 76 of the Coronavirus Act 2020 ( 3 ) on 15th April 2020, as modified from time to time by further Directions given by the Treasury under those sections, to provide for claims to be made in respect of E in relation to any period ending on or before 31st March 2021 ( 4 ) ; ” ,

(b) omit the definition of “the first CJRS Direction”,

(c) in the definition of “flexibly-furloughed employee”, for “paragraph 10.1 to 10.3 of the Schedule to the third CJRS Direction” substitute “the Coronavirus Job Retention Scheme”,

(d) in the definition of “furloughed employee”, for “paragraph 6.1 to 6.12 of the Schedule to the second CJRS Direction, as modified by paragraph 4 of the Schedule to the third CJRS Direction” substitute “the Coronavirus Job Retention Scheme”,

(e) omit the definition of “the second CJRS Direction”,

(f) omit the definition of “the third CJRS Direction”.

Amendment of regulation 3 (calculation of a week’s pay in relation to furloughed employees)

4. In regulation 3(2)(a) for “31st October 2020” substitute “31st March 2021”.