Issue: June 2020

Furlough – consent required

June 2020 | Employment

It might feel a bit behind the curve to be talking about the CJRS – or ‘furlough’ scheme as it has become known – but as it has recently been extended to October 2020, there are some important points for employers to note. An interesting article considers the above Carluccio’s case and other current issues …

This article is only available to subscribers.

Inheritance – forfeiture rule

June 2020 | Wills, probate and administration

Two separate cases, very tragic, have ended with decisions that the forfeiture rule did not apply to someone who accidentally killed her husband in a car crash; and did not apply a woman who killed her husband after years of domestic abuse. In the first case, a 74-year-old pleaded guilty to causing death by dangerous …

This article is only available to subscribers.

Furlough – tax and pensions

June 2020 | Employment

Employers remain liable to pay employer NICs and pension contributions on the amount they pay their staff during a period of furlough. Under the CJRS, they can apply for an additional grant to cover the employer NICs and minimum automatic enrolment employer pension contributions (3% of income above the lower limit of qualifying earnings) due …

This article is only available to subscribers.

L insolvency – impact on Ts

June 2020 | Landlord and tenant – commercial

Much has been written recently about the impact on commercial Ls if their Ts are unable to pay rent at this time. An interesting article by the excellent Hardwicke Chambers looks at the other side of the coin – what might the impact on Ts be if their L becomes insolvent? The article suggests that …

This article is only available to subscribers.

Covid-19 – homeworkers’ health and safety

June 2020 | Employment

The [2020] 210 Employment Law Journal edition is essential reading for employment practitioners and contains a reminder about homeworkers’ health and safety during the Covid-19 outbreak. The HSE has confirmed that there will be no requirement to carry out a risk assessment for temporary homeworkers during the Covid-19 crisis. It is advisable for employers to …

This article is only available to subscribers.

CPR Part 36 – nil damages

June 2020 | Procedure

Part 36 is a provision of the CPR which is intended to encourage parties to settle disputes without going to trial. A Part 36 offer may be made by either the claimant or defendant as a tactical step designed to convince the opposing party to settle the claim. If the Part 36 is offer is …

This article is only available to subscribers.

Homeworking policy – top tips

June 2020 | Employment

Even before Covid-19, homeworking was becoming a common feature of working life in the UK. According to the ONS, in mid-April, 45.8% of adults in employment said they were presently working from home. Employers must take the time to produce or review robust homeworking policies. There is no statutory definition of ‘homeworker’ in employment law, …

This article is only available to subscribers.

Search orders – preserving documents is the purpose

June 2020 | Procedure

A useful article discusses a recent HC case regarding search orders, which are seen to be one of the most draconian orders the court can make. It authorises a claimant to enter a defendant’s premises to search for, copy and remove documents or other material. The purpose of the order is, as the statutory basis …

This article is only available to subscribers.