Specific FAQs for rehired PAYE Studios Freelancers

What are the BBC Commercial Subsidiaries?

The BBC’s Commercial Subsidiaries are BBC Studios, BBC Studioworks and Global News Ltd. They are separate corporate entities, and whilst part of BBC Group, they generate their own income.     

What is the Coronavirus Job Retention Scheme (CJRS)?

The Coronavirus Job Retention Scheme (CJRS) has been set up by the UK Government. The aim is to mitigate redundancies and lay-offs as a result of the Coronavirus pandemic and its impact on UK businesses. You will find details here.

What does it mean to "furlough" workers under the CJRS?

“Furlough” is not a concept recognised by existing employment laws.  Government guidance states that being “on furlough” is where, if you and your employer both agree, your employer might be able to keep you on the payroll if they’re unable to operate or have no work for you to do because of coronavirus (COVID-19).

My contract ended after 28 February, will you re-engage and furlough me?

Provided that your contract:

• was terminated or expired after 28 February 2020 and an RTI payment submission for you was notified to HMRC on or before 28 February 2020; or
• was terminated or expired after 19 March 2020 and an RTI payment submission for you was notified to HMRC on or before 19 March 2020,

then we may re-engage and furlough you if:

• your contract was ended early due to COVID-19 or
• was not extended because the specific production that you were working on was cancelled or paused due to COVID-19 or
• work that you would reasonably have moved to within Studios has been cancelled or put on put on hold due to COVID-19.
• while we cannot identify any specific work, it is likely that you would have been working at BBC Studios or elsewhere within the industry

We will consider who we re-engage on a case-by-case basis and reserve absolute discretion to decide whether someone is re-engaged.

If you are re-engaged and furloughed you will be re-engaged until up to 31 July 2020 (unless the government scheme is amended or extended). Your engagement will expire automatically on 31 July 2020 unless extended.

What are the maximum and minimum periods of furlough?

The Government furlough window is for the four months from 1 March 2020 until 31 July 2020.  UK Government guidance has now confirmed that employers can “only submit one claim at least every three weeks, which is the minimum length a worker can be furloughed for.” Therefore, for the current scheme the last date a furlough period can start is Monday 13 July 2020. 

Details of how the scheme will operate from 1 August 2020 have yet to be communicated by the Government. Once further guidance has been published we will consider how we might implement this.

How will I be paid?

You will be paid via BBC’s commercial subsidiaries payroll on the 15th of the month. You will not have to wait for the BBCs commercial subsidiaries to submit a claim to HRMC.   

Your timesheets on Smartbooks will be completed for you for this period.

What will I be paid during my period of furlough and how will you calculate my pay?

If re-engaged, during your period of furlough, you will receive the lesser of 80% of your normal monthly remuneration or a maximum of £2,500 per month (subject to deductions which are required by law), from the date of re-engagement until up to 31 July 2020.

Your normal monthly remuneration will be calculated using the highest of either:

• your same month’s earnings from the previous year; or
• your average monthly earnings calculated over the 2019/2020 tax year, or the entirety of your employment if you have worked for us for less than 12 months.

If you have been engaged for less than a month, your pay will be calculated using a pro rata for your earnings so far.

When calculating your normal monthly remuneration we will not include any payments which are not regular contractual payments or wages and cannot be recovered under the government scheme. 

If, for any reason, HMRC decides not to pay us (or decides to reclaim) any monies in connection with your salary, we are entitled to not pay it to, or to reclaim it from, you (including by making deductions from future salary payments to you), and no further payments shall be due.

Will I be paid holiday?

During your period of furlough, your statutory holiday entitlement is 5.6 weeks, including public holidays. You will be expected to take your holiday during your period of furlough and if you do not choose to take your holiday entitlement before the last week of your engagement, you will be deemed to have taken accrued leave during the last week of your engagement.

Can I still do some work for the BBC while furloughed?

To qualify for the scheme, PAYE Freelancers must not undertake any work for the BBC Group – either the commercial or public service entities - while furloughed.  You may undertake training if requested or volunteering but this may not be to provide a service for the BBC Group and provided you comply with public health guidance. 

Can I work for other employers while furloughed?

You cannot work for the BBC Group whilst furloughed. During a period of furlough with us, if you are considering doing any work for any other employer or organisation, whether as an employee, worker or on a self-employed basis, please contact your line manager to discuss this with them before accepting any offer to do such work or carrying out such work.

What if I am offered other BBC work while I am furloughed?

If you are able and willing to work elsewhere at the BBC rather than being furloughed, and that opportunity is offered to you, we would consider changing your status from furloughed to non-furloughed so that you could resume normal pay payment for that alternative engagement for the duration specified.

What pension arrangement will be available if I am re-engaged?

The Government requires employers to provide a workplace pension arrangement for its workers; this is called ‘pension automatic enrolment’ (PAE).  The BBC has chosen NEST (National Employment Savings Trust) as its PAE provider. The BBC reserves the right to use an alternative provider other than NEST in respect of PAE at any time in the future.

The BBC has chosen to postpone automatic enrolment for three months; therefore if you remain engaged you will (provided you meet certain criteria regarding your age and earnings) be automatically enrolled into NEST three months after you are engaged at the BBC.   Further details regarding NEST will be provided to you once you begin working for the BBC.  You can choose to opt out of NEST but only after you have been automatically enrolled.  You can find out more about NEST by visiting www.nestpensions.org.uk.