Introduction We have all witnessed, in some form, the tumultuous way in which 2020 has changed the world. The legal world, which is a sector historically reluctant to change, has seen unprecedented changes to the way in which it operates, and we hope it continues to embrace these changes. How will affect you? Specifically, there […]
The NatWest Group have committed to champion the breaking down of barriers that exist in the banking world for people from Black, Asian and ethnic minority backgrounds. They established a task force in June designed to consider the actions necessary to tackle these inequalities. After a very in-depth review, they have launched a set of […]
Relevant Legislation The main law that governs corporate insolvency in England and Wales can be found in the following statutes: Insolvency Act 1986; and The Insolvency (England and Wales) Rules 2016. When does an individual become insolvent? Simply put, an individual is insolvent if they do not have sufficient assets available to discharge their financial […]
This article assumes that an employer is a limited company unless otherwise specified. It is also recommended that this article be read in conjunction with ACLF’s short guide to corporate insolvency. If your employer is an LLP, partnership or employs another structure, it is advised that you seek specific advice as to your employment rights. […]
COVID-19 and the Courts As a result of the COVID-19 pandemic, the courts have had to adapt in a way that they had previously resisted doing but when it became a necessity, they were quick to adapt to a new way of working which has also been virtual. The justice system, which is already under […]
World Mental Health Day comes at a prevalent time for employers and employees this year, as our daily lives continue to be drastically impacted by the COVID-19 pandemic. Since March, we have faced many new challenges, that would have been considered unthinkable at the turn of the year. The social and economic affects continue to […]
As more and more redundancies are announced, many employees are needing to consider whether an offer of voluntary redundancy will be suitable for them. So what type of financial package should I be looking at? First of all alongside the offer, you will need to check your employment contract, or your employment terms and conditions. […]
As the UK emerges from lockdown, more and more businesses are beginning to make their employees redundant following a period of Furlough on the Coronavirus Job Retention Scheme (CJRS). For some employees, their weekly wage may have been reduced, either by the wage cap or a reduction from 100% to 80%. If they are now […]
Employees have been keen to take a summer break and for some, a 14-day quarantine period may now apply and therefore have to be added to any holiday time abroad. So, when UK employees are abroad, are they able to work from home? Firstly, in the UK an employer has a duty to protect the […]
The Coronavirus Job Retention Scheme (CJRS) has allowed many businesses to retain their employees positions by placing them on furlough for an extended period. The scheme has had several reiterations including the addition of part-time furlough from 1 July 2020. However, in September further employer contributions are required to the employee’s salary, so what are […]
Recently, it was reported that a candidate interviewing for pupillage with a dozen barristers chambers used the GDPR to gain access to his interview notes. This is not a new entitlement, but more people are aware of the rights and less businesses prepared. Some of the chambers, who should not be oblivious to the workings […]
A fantastic new announcement today has been that the government have gone further again than we would have expected and have just announced that they will provide a further total of 4 billion pounds support in the Covid 19 pandemic, this is because the government are encouraging us (the public) to go to the pubs […]
A female lawyer who had been described as a ‘ballbreaker’ has won a sex discrimination case after discovering that her male counterpart was being paid more than she was. She was also denied flexible working and deliberately set up to fail by being assigned too much work to do. The background and key parts of […]
BA are looking to terminate a significant number of staff unless they agree to vary their employment contracts to work for a lower salary , with less annual leave provisions. The time frames being suggested are not at this stage clear, but there have been suggestions of redundancies, contract variations and the dismissing and re-hiring […]
Employees are going to have mixed reactions, when employers discuss their return to work plans, with them. There will be factors around childcare, transportation, health concerns and some people’s desire to remain working at home for productivity. How an employer handles this will very much depend on its needs and requirements, but the law and […]
Whilst there is a global pandemic which is affecting millions of businesses across the globe, many companies are eager to get back to business as usual, it is equally important to remember the core values and principles of the business. Such as how it treats, engages and motivates its employees and customers, particularly promoting equality […]
We have heard a lot recently of mass redundancies when other companies have been taking advantage of government schemes to protect its staff . The airlines , especially Virgin , have come under great scrutiny and criticism as a result of its decisions . So what’s the reason a company would choose redundancy over furlough […]
Further to the Lord Chief Justice’s announcement on 23 March 2020 as to how the courts will operate during these times, HM Courts and Tribunal Service published a list of priority county court work on 31 March 2020 to ensure the courts continue to operate to provide justice whilst bearing in mind the public’s safety […]
Financial assistance for the Self-employed Chancellor Rishi Sunak has finally announced a package for the self-employed which will include people and businesses that’s can paid their earnings in addition to employed people. This is a relief and welcomed offering to everyone who is self-employed in the UK, and this means that being self employed is […]
At this time there are many struggles facing employers in the UK amidst the Covid-19 outbreak, but the government has implemented many ways in which they can help. As an employer what should you be aware of and what measures should you be putting in place to protect your business and staff? Home-working what should […]
New legislation will be introduced in April 2020 which will now give employees the right to receive paid parental bereavement leave if they suffer the loss of a child. New legislation will be introduced in April 2020 which will now give employees the right to receive paid parental bereavement leave if they suffer the loss […]
A Norwich Employment Tribunal decision has accepted ethical veganism as a philosophical belief to be protected under the Equality Act 2010. A recent judgment at an Employment Tribunal in Norwich marked a new ruling that “ethical veganism” is recognised as a philosophical belief, and is therefore a protected characteristic under the Equality Act 2010 against […]
A recent employment case highlights the importance of following the correct procedure in a redundancy situation where an employee could claim the contrary. Mr O’Connor worked for East London NHS Foundation Trust, and was informed in March 2017 that his role as a Psycho-Social Intervention (PSI) Worker would be deleted. Mr O’Connor received a letter […]
A number of changes in employment law will shortly come into force, resulting in businesses needing to update their employment policies for 2020 The start of a new year is a great time to get your house in order and to review your policies to check that they are up to date. With so many […]
The Government plans review of IR35; the legislation that is set to enable HMRC to collect additional tax payments, where a contractor is an employee in all but name. Following widespread concerns that the draft legislation lacks sufficient detail, the government have recently announced that they will be reviewing the draft legislation extending the off-payroll […]
Inequality, unfortunately, is still prevalent in the workplace, despite equality legislation and recognition by many organisations of the importance of diversity and inclusion in the workforce. There are two major arguments in support of employers having a diverse and inclusive workforce, namely moral and financial. The moral case for diversity and inclusion When discussing this […]
WE HAVE ALL READ THE CHALLENGES MADE AGAINST UBER, DELIVEROO, ADDISON LEE AND PIMLICO PLUMBERS BY MEMBERS OF STAFF. The issue is not new and boils down to whether certain self-employed staff should be considered as employed (and subject to employers NI) and in turn whether they should then have employment rights and benefits. We […]
New legislation has been implemented to prevent intermediaries and individuals using deceptive methods to reduce employment tax and avoid the provision of employment rights. Such methods include the portrayal of false self-employment and the supply of workers from an off-shore location. Intermediaries are organisations that make arrangements for someone to work for a third person, […]
TUPE is a complicated area of law and if you do not comply fully with the rules, or take time to consider the consequences carefully, it can be expensive and disastrous for those buying or selling their businesses. If you are going to buy, sell, or transfer the ownership of a business or take on a […]
Whether employed or self-employed people assisting your business will have access to your trade secrets, supplier lists and client names and addresses. If someone leaves your employment or starts-up a side-business they could potentially cause you losses: they could solicit business from your clients for themselves or a competitor; use your materials and information or […]