Employment – Page 2 – Duane Morris London

May 1, 2020February 2, 2021 by Duane Morris London

Employee Refusal To Return To Work in face of COVID-19 ‘Threat To Safety’ – What Is Your Response?

01.05.2020

The effects of the Coronavirus pandemic on the workplace continue. It is undeniable that the potential litigation arising out of COVID-19 will be far reaching and there will be several areas that Employers need to consider now and when the return to work phase commences in earnest.

In a matter of months the Coronavirus pandemic has not only changed the way millions of employees work but also the way they may now view the work place, particularly how safe they feel within their workplace.

Health and Safety claims may become a real issue for employers as employees either leave or propose to leave, refuse to return to work or take (or propose to take) appropriate steps to protect themselves or others from what they believe is serious and imminent danger from infection. Continue reading “Employee Refusal To Return To Work in face of COVID-19 ‘Threat To Safety’ – What Is Your Response?”

April 30, 2020February 2, 2021 by Duane Morris London

COVID-19 Job Retention Scheme – Summary of Updates to UK Gov Guidance

By Nic Hart

30.04.2020

Whilst I am very mindful of furlough fatigue, there have been further updates to the Government Guidance on The Coronavirus Job Retention Scheme – both How to Claim (short form and long form) and the Guidance. None of these have substantively changed but there are points to note in each, which are as follows.

The How to Claim (short form) deals with some of the practicalities of claiming. For those yet to do so please note that you need to submit your claim in one session – you cannot save it and return later. Sessions will time out after 15 minutes of inactivity.

There has been guidance given on what steps to take following a claim;

keep a copy of all records, including:
- the amount claimed and claim period for each employee
- the claim reference number for your records
- your calculations in case HMRC need more information about your claim
tell your employees that you have made a claim and that they do not need to take any more action
pay your employee their wages, if you have not already.

It must be stressed that Employers should record and retain documentation at all stages of the furlough process, both to be compliant with the requirements of the Treasury Direction but also to ensure that if there is any audit undertaken by HMRC they have the requisite records set out in the Guidance. Continue reading “COVID-19 Job Retention Scheme – Summary of Updates to UK Gov Guidance”

April 20, 2020February 2, 2021 by Duane Morris London

They think it’s all over – it is now! COVID-19: Furlough and Holiday Update April 20th 2020

By Nic Hart

20.04.2020

Good evening. I am hopeful that this is the last “ COVID-19 UK Furlough” update you will receive…from me at least!

HMRC has now provided us with some much needed clarity on taking annual leave while on furlough. This has been an update to the Employees Guidance, not the Employers Guidance (as at the time of this email).

Put simply it states;

Continue reading “They think it’s all over – it is now! COVID-19: Furlough and Holiday Update April 20th 2020”

April 15, 2020February 2, 2021 by Duane Morris London

COVID-19: Job Retention Scheme UK Gov Guidance April 15th 2020

By Nic Hart & Liam Hutton

15.04.2020

Another week and another set of Guidance on the Coronavirus Job Retention Scheme has just been released today, April 15^th 2020.

In addition, there has also just been a Treasury Direction released this afternoon (April 15^th 2020).

UK Gov Updated Guidance

I will first deal with the 4^th Guidance issued by the Government. Details on this as follows.

Continue reading “COVID-19: Job Retention Scheme UK Gov Guidance April 15th 2020”

April 14, 2020February 2, 2021 by Duane Morris London

COVID-19: Job Retention Scheme UK Gov update April 10th 2020

By Nic Hart & Liam Hutton

20.04.2020

Last night the Government helpfully delivered Round 3 of the Guidance for employers (and employees) on the Coronavirus Job Retention Scheme.

Whilst it clarifies some areas and introduces new points, i.e. TUPE it remains silent on the issue of Annual Leave. Please find below an overview of the new Guidance. It is worth reading in its entirety and I attach a copy of the same with the new areas noted in red and highlighted.

Continue reading “COVID-19: Job Retention Scheme UK Gov update April 10th 2020”

April 3, 2020February 2, 2021 by Duane Morris London

Family Leave and Furlough

By Nic Hart & Liam Hutton

03.04.2020

The UK Government guidance sets out the employers obligations for family leave and the ability to claim for enhanced (earnings related) contractual pay through the scheme. As below;

Individuals who are on or plan to take Maternity Leave must take at least 2 weeks off work (4 weeks if they work in a factory or workshop) immediately following the birth of their baby. This is a health and safety requirement. In practice, most women start their Maternity Leave before they give birth.

If your employee is eligible for Statutory Maternity Pay (SMP) or Maternity Allowance, the normal rules apply, and they are entitled to claim up to 39 weeks of statutory pay or allowance.

Employees who qualify for SMP, will still be eligible for 90% of their average weekly earnings in the first 6 weeks, followed by 33 weeks of pay paid at 90% of their average weekly earnings or the statutory flat rate (whichever is lower). The statutory flat rate is currently £148.68 a week, rising to £151.20 a week from April 2020.

If you offer enhanced (earnings related) contractual pay to women on Maternity Leave, this is included as wage costs that you can claim through the scheme.

The same principles apply where your employee qualifies for contractual adoption, paternity or shared parental pay.

Continue reading “Family Leave and Furlough”

April 1, 2020February 2, 2021 by Duane Morris London

Data Protection and COVID-19: FAQs on the Approach of European Regulators

By John Benjamin and Edward Pickard

01.04.2020

The spreading COVID-19 pandemic across Europe has meant that many of its data protection authorities have faced questions from organisations as to how they should meet their privacy obligations during this time.

The European Data Protection Board (EDPB) has now published its own guidance to ensure that a consistent approach is taken across Europe regarding privacy compliance during this period. However, this came after a number of national regulators published their own guidance that in some cases is slightly contradictory.

The below article considers some of the key issues that may be facing during the COVID-19 pandemic and how the EDPB and some of Europe’s data protection authorities approach these issues. The EDPB has made clear that it is business as usual when it comes to compliance.

Continue reading “Data Protection and COVID-19: FAQs on the Approach of European Regulators”

March 23, 2020February 2, 2021 by Duane Morris London

Furlough Leave – The UK Government’s COVID-19 Job Retention Scheme

By Nic Hart

23.03.2020

Last week the UK Government announced that it would be providing support for businesses through the ‘Coronavirus Job Retention Scheme’. Under this scheme, all UK employers will be able to access support to continue paying part of their employees’ salary for those employees that would otherwise have been laid off during this crisis. ‘Laid off’ in this context will mean in general rather than in the technical sense.

As at the time of writing (23 March 2020 – 9:30am), the Guidance remains limited on the scheme, particularly in relation to its administration. However, we have tried to best summarise the current position below.

The Scheme

HMRC will reimburse 80% of furloughed workers wage costs, up to a cap of £2,500 per month. HMRC are working urgently to set up a system for reimbursement. Existing systems are not set up to facilitate payments to employers.

It is not clear at this stage whether this is a cap on £2,500 gross salary or cap on net payment, but indications are from reading current guidance on this is that this will be the net salary cap.

Employees guidance is that they should not undertake work, will remain employed and on the payroll and that the employer can make up the 20% shortfall but this will be at the employers discretion.

The scheme will be backdated to 1 March 2020 and will run for an initial three months from that date. The Government have stated that the scheme will be extended if necessary.

Eligibility

All UK businesses are eligible. The guidance currently does not state any limitation to this, so it will apply to limited companies, LLPs, Partnerships, charities, sole traders etc.

Continue reading “Furlough Leave – The UK Government’s COVID-19 Job Retention Scheme”

March 20, 2020February 2, 2021 by Duane Morris London

COVID-19: Introduction of ‘Online Isolation Notes’

By Nic Hart & Liam Hutton

20.03.2020

The Government has announced that Isolation notes will provide employees with evidence for their employers that they have been advised to self-isolate due to coronavirus, either because they have symptoms or they live with someone who has symptoms, and so cannot work.

For the first seven days off work, employees can self-certify so they don’t need any evidence for their employer. After that, employers may ask for evidence of sickness absence. Where this is related to having symptoms of coronavirus or living with someone who has symptoms, the isolation note can be used to provide evidence of the advice to self-isolate.

The government says the notes can be accessed through the NHS website and NHS 111 online.

Continue reading “COVID-19: Introduction of ‘Online Isolation Notes’”

March 19, 2020February 2, 2021 by Duane Morris London

COVID-19: UK Government Postpones IR 35 Reforms until 6 April 2021

By Nic Hart & Liam Hutton

19.03.2020

As part of the UK Government’s emergency measures to tackle the effects of the coronavirus crisis on the UK economy, it announced on 17 March 2020 that the implementation of new regulations subjecting ‘medium and large’ companies to the off-payroll working rules have been postponed until 6 April 2021.

The Reforms

In July 2019 the Government published draft legislation to the effect that from April 2020, the IR 35 rules would no longer apply where ‘medium and large’ companies in the private sector contract with personal service companies for the provision of workers’ services.

However, this implementation date has now been moved to 6 April 2021 as part of the UK Government’s financial measures in light of the coronavirus crisis.

When eventually implemented, the effect of these changes will be that the IR 35 rules, which place the obligation to assess employment status and operate payroll if appropriate with the personal service companies rather than end user companies, will no longer apply to those entities regarded as ‘medium and large companies.’ Consequently, these end user companies will be subject to an obligation to account for tax and national insurance for workers engaged via a personal service company through PAYE under the off-payroll working rules from 6 April 2021.

Continue reading “COVID-19: UK Government Postpones IR 35 Reforms until 6 April 2021”