In our previous blog post here we told you about the Job Support Scheme (JSS), which is due to come into force on 1 November, and will provide support to employers where employees work reduced working hours. On 9 October, the Government announced an extension of the JSS to provide temporary support to businesses whose premises are legally required to close as a direct result of Coronavirus restrictions set out by one or more of the four governments of the UK. The purpose of this expansion is to help businesses through that temporary closure, by supporting the wage costs of … Continue Reading
The effects of the global pandemic are far reaching; few have been unaffected by measures and restrictions introduced in response to the spread of COVID-19. As borders have closed and visa processing services have been suspended, those living and working outside their home jurisdictions have, and continue to face, uncertain times.
Some migrants made the decision to return to their home jurisdictions as the reality of long term border restrictions unravelled, worried they would be unable to see family for unknown periods of time. As this coincided with widespread working from home, many employers permitted their employees to continue to … Continue Reading
Having first embraced eSignatures to solve the problem of signing documents during lockdown, I can now see a more general application. Using eSignatures can massively speed up the process of having an idea, approving it and crucially, getting the relevant decision makers the documents to implement. My observations below.
The challenges of signing pension deeds
We are all used to executing legal documents physically. Paper engrossments are printed and bound, everyone sits around a table and the authorised persons sign on the dotted line. The lawyers then take the signed documents and create certified copies for everyone. This is tried … Continue Reading
A frontier worker is an EU, EEA or Swiss national, who is economically active in the UK (through employment or self-employment) but resides outside the UK. Under the EEA right of freedom of movement, such nationals are currently free to travel and work in all EEA countries.
However as freedom of movement comes to an end, the UK Government is introducing a Frontier Worker Permit, due to be launched later this year. Those individuals who hold ‘frontier worker status’ by 31 December 2020 will be able to maintain this status, providing they apply for a Frontier Worker Permit by 1 … Continue Reading
The UK Chancellor has outlined additional government support to help businesses and workers impacted by COVID-19.
There had been calls from businesses for the chancellor to help protect jobs once the Coronavirus Job Retention Scheme (CJRS) ends on 31 October 2020. As a result the chancellor has announced the new Job Support Scheme which will be introduced from 1 November to protect viable jobs in businesses facing lower demand over the winter months due to COVID-19. The scheme protects employees who are in work and will contribute towards the wages of employees who are working fewer than normal hours due … Continue Reading
On 10 September the Department of Health and Social Care published guidance for employers on the legal obligations and matters that they need to consider if planning to introduce their own testing for COVID-19. With current infection rates increasing this is ever more important for employers to help protect business continuity. In addition, employers need to be up to date with guidance and legislation regarding self-isolation and sick pay.
Government guidance on testing
The guidance clarifies that employers should not be using the NHS Test and Trace service for testing their employees. That service is for those who display symptoms … Continue Reading
Managers of international companies are often confronted with the problem of having to communicate with their employees and the works council in a foreign language that they do not fully master. This can easily lead to conflicts. In a recent decision in June, the Nuremberg Regional Labor Court (ref. 1 TaBV 33/19) has now clarified the scope.
The works council of a German branch of a Spanish clothing company demanded that communication with the branch manager, who at the beginning hardly spoke any German, be conducted exclusively in German during meetings or negotiations. Appraisal interviews and staff meetings had been … Continue Reading
In a recent case, the European Court of Justice (ECJ) has considered what happens to the employment contract of a transferring worker where there is a transfer of an undertaking to multiple transferees. The ECJ held that the contract should be split in proportion to the tasks performed by the worker of the time devoted to those tasks. However, if the division of the contract is impossible or results in a deterioration in the working conditions and rights of the worker, the contract may be terminated.
The case involved an employee of ISS Facility Services in Ghent. ISS was responsible … Continue Reading
The UK Pensions Regulator has offered some comfort to investors and funds which may have been deterred from investing in UK companies with historic defined benefit liabilities.
It is unusual, as a matter of English law, for the corporate veil to be capable of being pierced – normally the liability incurred by one group company will not, as a matter of course, taint others in its group. Liability for defined benefit pension liabilities is a notable exception – provided certain conditions are met, the Pensions Regulator can look to other group companies or controlling shareholders to provide cash or guarantees … Continue Reading
The UK Government has published legislation, which will ensure that all furloughed employees receive statutory redundancy pay based on their normal wages, rather than a reduced furlough rate.
The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (the Regulations) ensure that various statutory entitlements based on a week’s pay and connected with the termination of employment are not reduced as a result of an employee being furloughed under the Coronavirus Job Retention Scheme. The entitlements included in the Regulations are:
- redundancy pay for those with more than 2 years’ continuous service who are made redundant and
The EAT has held that an employment tribunal was entitled to conclude that a professional cyclist was not an employee or a worker of the British Cycling Federation. In Varnish v British Cycling Federation (t/a British Cycling) the claimant had commenced proceedings before an employment tribunal claiming, amongst others, unfair dismissal and discrimination. The preliminary consideration for the employment tribunal was whether the claimant was an employee or a worker within the meaning of s230 Employment Rights Act 1996.
The claimant had entered into a series of written “Athlete Agreements” with British Cycling (the respondent), the last of which was … Continue Reading
On 13 July 2020, the Home Office published further details on how the UK’s points-based immigration system will work from 1 January 2021. As set out in the Policy Statement published in February, anyone coming to the UK for work, including EU citizens, will need to demonstrate they meet a specific set of requirements for which they will score points. There is no overall cap on the number who can apply under the Skilled Worker route.
The key change to note is that any employer wishing to employ EU citizens will need to have a sponsor licence and pay the … Continue Reading
On 8 July, the UK Chancellor announced proposals to help UK businesses have the confidence to retain and hire staff. The Government announced that the Coronavirus Job Retention Scheme has helped employers pay the wages of 9 million employees across the UK. However, the scheme will come to an end on 31 October 2020 and as the economy is now beginning to reopen, the summer economic update looks at the Government’s second phase of its response to the Coronavirus with a targeted Plan for Jobs.
The Plan includes the following proposals to support employers:
- A Job Retention Bonus. This will
If the partner of an employee gives birth, the employee is entitled to one week’s partner leave following the birth. This paid leave can be taken at any time in the first four weeks after the birth of the child. During this period of leave the employer must continue to pay 100% of the employee’s salary.
From 1 July 2020, partners can take up to five weeks’ additional leave (i.e. five times the number of working hours per week). During the additional leave the partner is not entitled to salary. Instead, the partner receives payment from the UWV. These payments … Continue Reading
Employment Emergency Fund (NOW) – NOW 2.0
On March 31, 2020, the Dutch government first published the Employment Emergency Fund (Tijdelijke noodmaatregel overbrugging voor behoud van werkgelegenheid, NOW 1.0). Please read more about this here
The initial period of the fund ended on 31 May, 2020 but allowed for a one time extension for an additional three month period. On 20 May, 2020 the Dutch government announced the extension of NOW and certain further amendments to NOW 1.0. The extension fund is called NOW 2.0. Below we discuss the key characteristics of NOW 2.0 and important changes made to … Continue Reading
On 12 June the UK Government issued details of the flexible furlough arrangement which will operate from 1 July 2020. The new scheme will allow employees to work for their employer during some of the period and the employer will still be able to claim under the scheme in respect of the time where employees are on furlough.
Existing guidance has been updated and new guidance notes and examples have been published to cover the new flexibility.
What restrictions are there to an employer’s use of the scheme?
From 1 July employers can bring furloughed employees back to work for … Continue Reading
As set out in our previous blog post here the UK: Coronavirus Job Retention Scheme (CJRS) is changing. This means that the CJRS is closing to new entrants form 30 June. Any new employees who an employer may wish to furlough and who have not already been furloughed, must be placed on furlough on or before 10 June.
The new flexible furlough scheme means that employees will be able to return to work on a part time basis without affecting their employers’ right to claim under the CJRS in respect of the non-working days.
Full guidance regarding the amended scheme … Continue Reading
Public life is slowly returning to normality in Germany as stores, restaurants and cafes begin to reopen. However, a return to ”business as usual“ seems a long way off. Companies and employers need to consider different priorities and complex provisions when preparing the return to the workplace.
In general, employers have a duty to take reasonable care of the health and safety of their employees. They have to assess possible risks to employees’ safety and health and take measures based on this assessment as well as identify and take additional measures where necessary to ensure the workplace is safe.… Continue Reading
On 29 May, the UK Chancellor provided details of the proposed changes to the Coronavirus Job Retention Scheme (CJRS). The changes require employers to start sharing the cost of the furlough arrangement and allow a more flexible approach to working while on furlough.
The Government is introducing a more flexible furlough arrangement. Employers will be able to bring previously furloughed employees back to work part time from 1 July, a month earlier than previously announced.
Employers will have flexibility to determine the hours worked and the shift pattern for their employees. They will then pay the full wages … Continue Reading
DB Funding Statement 2020: NRF survey gives the Pensions Regulator a thumbs-up
Sophy Lelliott, a trainee in our pensions team writes: the UK Pensions Regulator published its annual funding statement later than usual on 30 April 2020. The Statement is aimed at trustees and sponsoring employers of defined benefit (DB) schemes with valuation dates between September 22, 2019, and September 21, 2020. Our previous blog examining its key elements can be viewed here.
On 28 May 2020 Lesley Browning, Phil Jelley and Sabrina English from our London pensions team hosted an interactive webinar discussion focusing on the … Continue Reading
The Government has announced that by 12 May 7.5 million jobs in the UK have been furloughed under the Coronavirus Job Retention Scheme (the Scheme). Previous briefings on the details of the Scheme can be found here. The Scheme was due to end on 30 June 2020. However, following the Government’s announcement regarding the phased return to work the Government made it clear that the Scheme would not simply fall away. On 12 May, the Chancellor announced that the Scheme would remain open until the end of October. The Scheme will be amended as follows:
- The Scheme will run
On 7 May, the French Prime Minister announced the date chosen for the start of the “de-confinement” phase for France, namely 11 May 2020.
The lockdown, which started on 17 March, lasted almost 2 months during which some shops and businesses were closed, and the vast majority of companies operated on the basis of remote working. The lockdown weighed heavily on the national economy, with 12.2 million employees now covered by the short-time working scheme (i.e. six out of ten jobs in the private sector).
While public health has obviously been the government’s primary consideration in setting the plan to … Continue Reading
Le 7 mai dernier, le Premier Ministre a annoncé la date retenue pour le début de la phase de déconfinement des Français dans le cadre du plan de lutte contre le Covid-19, à savoir le 11 mai 2020.
Le confinement, qui a commencé le 17 mars dernier, aura duré près de 2 mois durant lesquels certains commerces et entreprises ont été fermés, et la grande majorité des entreprises a fonctionné sur la base du télétravail. Le confinement aura lourdement pesé sur l’économie nationale, 12,2 millions de salariés étant aujourd’hui couverts par le dispositif du chômage partiel (soit six emplois sur … Continue Reading
As the UK Government has published the Plan to Rebuild – the UK Government’s COVID-19 recovery strategy to transition England from lockdown, one of the key areas is how to get people back to the workplace safely. The Government has also published guidance covering eight workplace settings which are allowed to be open, intended to make workplaces as safe as possible and to give people confidence to go back to work during the coronavirus pandemic. The guidance was developed in consultation with businesses, unions and industry leaders.
The guidance sets out five key points which should be implemented by employers … Continue Reading