Guidance on making staff take holiday during the Coronavirus outbreak – Cloisters

Posted June 2nd, 2020 in contract of employment, coronavirus, EC law, holidays, news, working time by sally

‘In this article, Declan O’Dempsey considers the implications of the Guidance issued by the government on 13 May 2020 on holiday entitlement and pay during coronavirus (Covid-19) and urges employers to use considerable caution in seeking to follow the Guidance ordering workers to take annual leave on dates specified by the employer. Employers who choose to order staff to take holidays on specific dates within the Coronavirus outbreak shut down may face contractual or tribunal claims later. Further, the legal uncertainty may mean that they will face claims for penalising those who assert a right to take annual leave at a non-Covid 19 affected time or who refuse to take the leave as annual leave.’

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Cloisters, 19th May 2020

Source: www.cloisters.com

The Implied Term of Trust and Confidence and the Coronavirus Job Retention Scheme: a Reply – Old Square Chambers

‘On 14 April 2020, our colleague Stuart Brittenden published an article arguing that the implied term of mutual trust and confidence (“the implied term”) requires employers to make use of the Coronavirus Job Retention Scheme (“CJRS”) for agency workers, zero-hour contract workers, and employees, generally.’

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Old Square Chambers, 19th May 2020

Source: www.oldsquare.co.uk

Covid 19 Employment Law Series: Coronavirus Job Retention Scheme Direction: Where are we now? – Parklane Plowden Chambers

Posted May 29th, 2020 in contract of employment, coronavirus, news, remuneration by sally

‘With its publication on Friday 22 May 2020, immediately before the bank holiday weekend, you can be forgiven for having missed HMRC’s revised Coronavirus Job Retention Scheme (“CJRS”) Direction, dated 20 May 2020 (“the Direction”). All claims for payment under the CJRS, made after 22 May 2020, must comply with the Direction. The Direction modifies the previous version dated 15 April 2020 and clarifies many, but not all, of the questions that arose therein.’

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Parklane Plowden Chambers, 27th May 2020

Source: www.parklaneplowden.co.uk

The Court of Appeal provides confirmation on the implications of the use of the Government’s coronavirus job retention scheme by companies in administration: Re Debenhams Retail Limited [2020] EWCA Civ 600 – Radcliffe Chambers

‘In a judgment handed down on 6th May 2020 in Re Debenhams Retail Ltd (in administration) [2020] EWCA Civ 600, the Court of Appeal provided confirmation on the implications for office holders and insolvent estates of using the Government’s Coronavirus Job Retention Scheme in administrations, following the previous first instance decisions on the issue in Re Carluccio’s Ltd [2020] EWHC 886 (Ch) and Re Debenhams Retail Ltd [2020] EWHC 921 (Ch). Matthew Weaver considers the judgment and its implications in this briefing.’

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Radcliffe Chambers, 13th May 2020

Source: radcliffechambers.com

Injunction to prevent a breach of mutual trust and confidence: Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB) – 3PB

‘The Court found in favour of the Claimant, a Consultant Surgeon, to restrain the Defendant from continuing a working relationships investigation into his alleged conduct, competence or behaviour, whilst carrying out disciplinary proceedings in parallel. The Defendant’s breached a duty of mutual trust it owed to the Claimant when they decided to embark on a working relationships investigation which was not decided through the exercise of a discretionary power expressly or impliedly conferred on it by the Claimant’s contract of employment.’

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3PB, 1st May 2020

Source: www.3pb.co.uk

COVID-19: Frustration & Contracts of employment – 3PB

‘Frustration is a common law doctrine where a contract is treated as discharged by operation of law when an event has occurred which renders continued performance impossible, illegal or radically different to that contemplated by the parties when they entered into the contract. The doctrine was first established in Taylor v Caldwell (1863) 3 B&S 826, where a music hall had been destroyed by fire, but has developed thereafter.’

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3PB, May 2020

Source: www.3pb.co.uk

Pregnant healthcare worker sues NHS agency over employment rights – The Guardian

Posted May 14th, 2020 in contract of employment, coronavirus, health & safety, news, pregnancy by sally

‘A pregnant healthcare assistant is mounting a legal action against NHS Professionals, an employment agency owned by the Department of Health and Social Care, for refusing to put her on furlough, in what could be a landmark action for other vulnerable workers bearing the brunt of the lockdown.’

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The Guardian, 13th May 2020

Source: www.theguardian.com

Law Commission unveils employment tribunal reform package – Litigation Futures

‘Doubling the time limit for launching claims to six months and allowing workers to bring breach of contract claims while still employed are among Law Commission recommendations for employment tribunal (ET) reform.’

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Litigation Futures, 30th April 2020

Source: www.litigationfutures.com

Call for employment tribunals to have more power to protect workers – The Guardian

‘Employment tribunals should be given powers to make awards of up to £100,000 for breach of contract and to deal with disputes where staff are still in work, the Law Commission has recommended.’

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The Guardian, 29th April 2020

Source: www.theguardian.com

Covid 19 Employment Law Series: The Coronavirus Job Retention Scheme – Parklane Plowden

‘The Chancellor, Rishi Sunak, announced the Coronavirus Job Retention Scheme (“CJRS”) on 20th March 2020 with the aim to protect jobs during the crisis. A recent estimate is that this could cost £30-£40 billion over three months[1] and the take-up by businesses is much higher than expected such that 50% of companies are putting most of their staff into the scheme. We are all becoming familiar with the term ‘furlough’ (i.e. to allow or force someone to be absent temporarily from work) and up to nine million workers are now expected to be furloughed. The Scheme was necessarily hastily written in response to an unforeseen crisis and, despite government guidance issued on 27th March 2020 which was updated on 4th April 2020 and then again on 9th April 2020[4], employment lawyers are finding themselves advising on the gaps in the regime. The online service through which employers can make a claim is expected to be up and running by the end of April 2020 however in the interim employers, with the help of their advisors, are having to interpret the guidance to inform significant business decisions.’

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Parklane Plowden, 14th April 2020

Source: www.parklaneplowden.co.uk

Pandemic Law by Twitter: How the Coronavirus Job Retention Scheme has already changed – Old Square Chambers

‘The Updated Guidance alters the scope of the CJRS in significant ways, most importantly by extending it to individuals who are not employees but are taxed through PAYE, and answers a number of questions about the way the CJRS is intended to work which were left unanswered by the Original Guidance.’

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Old Square Chambers, 6th April 2020

Source: www.oldsquare.co.uk

Covid 19 Employment Law Series: Frustration: (Largely) unprecedented measures for unprecedented times? – Parklane Plowden

‘A contract may come to an end by operation of the doctrine of frustration when an unforeseen event makes performance impossible or radically different to what the parties originally intended. The doctrine applies to employment contracts as it does to other types of contract. However, it is an issue rarely encountered by employment lawyers. Tribunals are generally reluctant to find that an employment contract has been frustrated, largely because the doctrine allows employers to sidestep statutory protections afforded to employees. However, unprecedented times call for unprecedented measures, and frustration may become a useful tool in certain employers’ fight against the disruption caused by the Covid 19 pandemic.’

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Parklane Plowden, 1st April 2020

Source: www.parklaneplowden.co.uk

Coronavirus job retention scheme: what employers should do – OUT-LAW.com

Posted April 20th, 2020 in contract of employment, coronavirus, employment, holiday pay, news, remuneration by tracey

‘The UK Treasury has now published the formal rules of the Coronavirus Job Retention Scheme in the form of a Treasury direction, as well as announcing that the scheme will run until at least 30 June 2020.’

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OUT-LAW.com, 17th April 2020

Source: www.pinsentmasons.com

The essential contents of a furlough letter/email/agreement – 3PB

‘If you are reading this article with alacrity, chances are you are in charge of a business contemplating adoption of the Government’s Coronavirus Job Retention Scheme (the Scheme) in preference to laying-off or making redundant some or all of your workforce; that, or you will be looking to advise such people on what to include within a furlough letter.’

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3PB, 7th April 2020

Source: www.3pb.co.uk

The Coronavirus Job Retention Scheme – Pump Court Chambers

‘The Coronavirus Job Retention Scheme (“the Scheme”) was announced by the government on 20th March 2020.’

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Pump Court Chambers, 4th April 2020

Source: www.pumpcourtchambers.com

The implied term of trust and confidence & the Coronavirus Job Retention Scheme – Old Square Chambers

‘The Coronavirus Job Retention Scheme (“the Scheme”) is a grant that, for those eligible, covers 80% of the usual monthly wage costs up to a ceiling of £2,500 per month plus associated employer NICs and employer pension contributions paid on the furlough pay up to the level of the minimum automatic enrolment employer contribution. Employees can be on any type of employment contract, including full-time, part-time, agency, flexible or zero-hour contracts. Foreign nationals are also eligible to be furloughed.’

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Old Square Chambers, 14th April 2020

Source: www.oldsquare.co.uk

The Interplay of the Coronavirus Job Retention Scheme & Holiday by Adam Willoughby – Broadway House Chambers

‘With the prospect of several bank holidays on the horizon with little indication as to how long circumstances may require continued periods of furlough under the Coronavirus Job Retention Scheme (‘the Scheme’), many employers will be worried as to how they deal with the interaction between furlough and annual leave. Specifically, whether they can require annual leave to be taken during furlough and how they deal with bank holidays where they are included within employee’s annual leave entitlement under their contracts of employment.’

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Broadway House Chambers, 9th April 2020

Source: broadwayhouse.co.uk

Coronavirus Job Retention Scheme – how does it fit with the existing law on lay-offs and short-time working? – 3PB

Posted April 16th, 2020 in contract of employment, coronavirus, employment, news, remuneration by sally

‘The government has now provided details of the ‘Coronavirus Job Retention Scheme’ which was first announced on 20 March 2020.’

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3PB, 7th April 2020

Source: www.3pb.co.uk

Legal realities of an ‘extension’ to the football season – Law Society’s Gazette

Posted April 9th, 2020 in contract of employment, contracts, coronavirus, delay, news, sport by sally

‘The football world, like almost every other sector of the economy, is grappling with the unprecedented impact of the coronavirus pandemic. In English football, the official position remains as set out in the joint statement issued by the main professional stakeholders on 20 March 2020: football is currently suspended but ‘all options’ are being explored ‘to find ways of resuming the season when conditions allow’.’

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7th April 2020

Source: www.lawgazette.co.uk

Furlough and lay-off against the background of Covid-19 / Coronavirus – 4 New Square

‘A new term has entered the employment lexicon: furloughing. What does it mean and how does it relate to the longer established concept of laying-off? Are employers better placed to take advantage of the government’s scheme for paying furloughed employees or to consider laying off their staff or making them redundant?’

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4 New Square, 25th March 2020

Source: www.4newsquare.com