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Furlough and insolvency – administrators cannot furlough staff without adopting their employment contracts
30 April 2020The administrators for Debenhams cannot keep staff on furlough and avoid adopting their employment contracts, according to the latest ruling from the High Court and Court of Appeal. The decision avoids a potential conflict between the rules of the Coronavirus Job Retention Scheme and the ordinary insolvency rules on the order in which creditors can get paid.
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Employee Restrictive Covenants
29 April 2020For most employers, protecting their businesses against competitive threats is a vital concern. The departure of a key employee to join a competitor, or to set up a rival business of their own, can have extremely damaging consequences. The employer may lose clients, prospects, or other staff, and their valuable confidential information and strategic plans may be put at risk.
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Will the extension of IR35 into the private sector be abandoned?
29 April 2020In its eagerly awaited report into the IR35 reforms published earlier this week, the House of Lords has urged the government to “rethink fundamentally its approach” to the “flawed IR35 framework”. It has called on the government to announce by October 2020 whether the IR35 reforms will take effect from April 2021. So how likely is it that the government will change its approach?
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Consultation launches on providing one week of unpaid leave to carers
28 April 2020The Government has launched a consultation on the proposal to provide one week of unpaid leave for carers, as was promised in the Conservative Party's November 2019 election manifesto and included in the most recent Queen's Speech.
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Business as (un)usual - how to manage a return to business after Covid-19
24 April 2020The UK’s lockdown has been extended until at least 7 May 2020 and there may then be a further extension. When it is eventually lifted, measures for a gradual and phased return to the workplace are likely to be imposed, with social-distancing measures remaining in place. You need to start thinking now about how to manage this process.
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Furlough – planning an exit strategy
23 April 2020The government’s Coronavirus Job Retention Scheme is currently due to end on 30 June 2020 (having been extended from 31 May). It has provided employers with some important breathing space and there is no question it has saved jobs. But as the end of the scheme draws closer, it is important for employers to start considering their furlough exit plans.
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How can employers support their furloughed staff?
23 April 2020How can employers best support their employees who have been furloughed under the government’s Coronavirus Job Retention Scheme?
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Ramadan, coronavirus and the lockdown – how employers can support their staff
22 April 2020Ramadan is expected to begin on the evening of 23 April 2020 and will last for 30 days, which means that some or all of it will be taking place under the continued lockdown imposed on account of the coronavirus situation. What issues do employers need to be aware of during Ramadan?
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Government plans to go ahead with reformed points-based immigration system despite COVID-19
17 April 2020On 9 April 2020 the Home Office released an update for employers on the new points-based immigration system due to take effect from January 2021. Despite the disruption caused by COVID-19, the Home Office still intends to go ahead with the new immigration system within the time-frame outlined in their policy statement released on 19 February 2020.
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Furloughing employees – new guidance on holiday pay
17 April 2020The government has updated its guidance on furlough for employers and employees, and this includes some important clarification on taking holidays during furlough and holiday pay.
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Furlough and insolvency – High Court ruling on Carluccio’s
16 April 2020The High Court has given a helpful judgment concerning the furloughing of employees by the administrators of Carluccio’s, the Italian restaurant chain.
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Coronavirus – FAQs for employers
15 April 2020The content in this article have been overtaken by more recent events and we have subsequently updated our guidance for employers on Covid-19.
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Guidance for employers on how to manage apprentices during the coronavirus outbreak
06 April 2020Most businesses will be affected in some way by coronavirus, but apprentices may be particularly disadvantaged if they are unable to continue or complete their apprenticeship and gain their qualifications. What issues should employers of apprentices be considering?
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Employer not liable for sexual assaults committed by independent contractor
06 April 2020The Supreme Court has ruled that Barclays Bank was not vicariously liable for sexual assaults committed by an individual engaged by it as an independent contractor, as the relationship between the organisation and the contractor was not akin to an employment relationship.
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Coronavirus – our third employer survey
06 April 2020Our third employer benchmarking survey looks at the take-up of the new Coronavirus Job Retention Scheme and ongoing support for homeworkers.
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Covid 19 - Government schemes in other key European jurisdictions
03 April 2020Many other European governments have introduced schemes, similar to the furloughing scheme here in the UK, with the aim of supporting employers experiencing financial difficulties as a result of the Covid-19 pandemic and encouraging them to retain staff during the crisis. The below is a brief summary of the schemes in place in the key European jurisdictions.
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Enforced homeworking during the coronavirus crisis – employers’ health and safety obligations
02 April 2020On 23 March 2020, the government announced that everyone was required to stay at home for at least three weeks, unless they have work which “absolutely” cannot be done at home. This article explains an employer’s health and safety responsibilities towards this significant group of temporary homeworkers during the enforced period of homeworking.
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Morrisons not liable for misuse of personal data by rogue employee
01 April 2020The Supreme Court has allowed an appeal by the supermarket chain Morrisons Supermarkets plc, overturning a finding that it was vicariously liable for a rogue employee's deliberate disclosure of payroll data related to some 100,000 co-workers, of whom 10,000 brought a group claim for damages. The ruling will come as a big relief for employers up and down the country.
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Government announces financial support for self-employed during coronavirus outbreak
27 March 2020The government has announced measures to help the self-employed cope with the financial impact of coronavirus. Self-employed individuals with annual trading profits of less than £50,000 will be able to apply for a cash grant worth 80% of their average monthly profits (up to £2,500 a month) for at least three months.
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Coronavirus Act 2020 – employment law measures
26 March 2020The Coronavirus Act 2020, which has now been enacted, introduces a new form of unpaid statutory leave for volunteers along with powers to establish a compensation scheme. It also makes changes to statutory sick pay (SSP) rules and indicates that the new job retention scheme for employers will be implemented by HM Revenue & Customs (HMRC).