A statement by the Chancellor of the Exchequer when the coronavirus job retention scheme (CJRS) was introduced, about employers being able to “top up” workers’ salaries if they wished, did not mean that the employer could claim CJRS based on increased salaries, and the Coronavirus Directions did not allow the appellant company to do so.  

The appellant company (DPL) provided electrical services through its director (DL). DPL also employed an administrator (Ms G). In the period prior to March 2020, DL had been paid £100 per week, and Ms G was paid £191.23 per week. On 11 April 2020, DPL increased their salaries, so DL was now earning £576.93 per week, and Ms G was now earning £239.04 per week. DPL made 15 claims under the coronavirus job retention scheme (CJRS) for the period covering March 2020 to June 2021, based on the higher salaries. Following a compliance check into DPL’s CJRS claims, HM Revenue and