When the revised guidance on the government’s Job Retention Scheme (the “Scheme”) was published on 26 March the intention was clear, that the Scheme was not to be used where organisations were in receipt of public funding elsewhere. NHS England confirmed that NHS funding would continue but that this would mean that those receiving it wouldn’t be eligible for any assistance which could be duplicative. However, there was little to confirm what the position was for dental practices, among other organisations, which carry out a mix of NHS and private work, which was understandably concerning.
NHS England has now brought welcome clarification in this regard, and although further detail is required, there is now confirmation that mixed practices will be able to claim through the Scheme in respect of private income and still receive their NHS income. When making any claims under the Scheme, practices will need to provide evidence of their NHS/private income split.
Practices will therefore need to review their revenue and how this applies to their staff. They will be able to claim pay for furloughed workers to the level of the proportion of private income and will have NHS income for the remainder. The British Dental Association has published some suggested principles in relation to what to claim. This is working on the basis that the proportion of money claims for furloughed employees versus total staffing levels should be in the same proportion as private income versus total income.
The receipt of NHS income is still dependant on staff being available to help in other areas of the wider NHS response. Practices will therefore need to decide if individuals can be redeployed or placed on furlough leave, and consideration will need to be given as to where they would ordinarily sit (NHS or private), and agreement reached. Staff who are on furlough leave cannot carry out any work for their employer. It is important to note however that the government has confirmed that employers can rotate who is placed on furlough leave, subject to a minimum leave period of 3 weeks.
As the government guidance confirms, discussions around furlough leave will still be subject to normal employment law rules, and consideration will therefore be given to these. Practices should also consider the content of their furlough agreements, as well as other changes they may wish to make to employment terms within these due to the current circumstances.
If you would like any more information or have any queries in relation to this content please contact Catherine Hope.
