Archives: Employment

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Furlough – frustration?

July/August 2020 | Employment

An interesting article poses a question which is likely to be tested in the coming months and years in relation to many forms of contract: can Covid-19 result in frustration of an employment contract? When an event takes place which was not reasonably foreseeable when a contract was made and which makes performance of that …

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Health and safety claims – minimise the risks

July/August 2020 | Employment

An excellent article discusses the real risk to employers of an upturn (we will studiously avoid the term ‘uptick’) in ET claims from employees who are reluctant to return to work due to Covid-19. The article is a ‘must read’ for those advising employers, and it also contains a useful summary of key steps that …

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Furlough – TUPE transfers

July/August 2020 | Employment

If a company goes into administration and the administrators subsequently secure a sale of the business, furloughed employees may be transferred automatically to the purchasing company under TUPE given that furlough leave does not break their continuity of employment. Purchasers of a business and assets from administrators can continue to benefit from the furlough scheme …

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Return to work – key steps for employers

July/August 2020 | Employment

We reported in our June 2020 edition (p15) on the government’s advice on steps that employers should take to enable their staff to return to work safely. A useful and interesting article discussed some of these issues with a view to helping employers to minimise the risk of ET claims from employees who are reluctant …

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Return to work – Law Society guidance

July/August 2020 | Employment

Employers and their advisers may also wish to consult recently issued Law Society guidance in conjunction with the above article. The guide, which is applicable to offices and other workspaces more widely, looks at the employment law and health and safety considerations employers will need to be aware of as employees return to the office …

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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 …

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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, …

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Covid-19 – return to work

June 2020 | Employment

It is odd to be reporting on the potential long-term impact of Covid-19 in terms of home working challenges, at the same time as considering the issues facing employers who are trying to get employees back into the work place. Employers are under a duty to keep their staff safe in the workplace. The Government …

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Covid-19 – holiday entitlement and pay

June 2020 | Employment

The Government has issued new guidance on how holiday entitlement and pay operate during the coronavirus pandemic. It is designed to help employers understand their legal obligations, in terms of workers who: continue to work; or have been placed on furlough as part of the CJRS. Some of the key points are as follows: Holiday …

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Furlough – could trigger consultation

June 2020 | Employment

The CJRS does not override any existing employment law. Imposing contract changes where consent is required still runs a risk of claims for unlawful deductions and breach of contract or constructive dismissal for breach of express or implied terms. Consultation may be expedited to get employees furloughed and onto the CJRS as soon as possible …

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