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Coronavirus Job Retention Scheme: Flexible furlough – rewriting the rules

Rose Smith looks at the new ‘commandments’ that employers must follow before making claims under the updated furlough scheme ‘While being a potentially helpful tool for businesses, flexible furlough is going to be burdensome and time-consuming for them to operate.’ On 20 March 2020, the UK government announced its unprecedented Coronavirus Job Retention Scheme (CJRS) …
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Furlough leave: Unprecedented measures for unprecedented times

Richard Kenyon and Edmund Chambers examine the intricacies of the government’s coronavirus job retention scheme There are no original adjectives left to describe the last few weeks. Never was an Easter weekend more welcome: a time to pause and take a deep breath. COVID-19 has taught us all the true value of that essential function. …
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Staff procedures: Create or update a homeworking policy

Tony Hadden and John Hunter conclude our series with a look at how to ensure homeworking arrangements are as effective as possible during the Covid-19 pandemic and beyond ‘There is no specific legal entitlement to work from home but, given the law on flexible working and discrimination, employers must consider all homeworking requests carefully.’ Even …
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Coronavirus: Complying with business immigration law during the Covid-19 pandemic

Joanna Hunt looks at the impact on employers of recent government changes to immigration policy in response to the UK lockdown and worldwide travel restrictions ‘One of the lasting legacies of Covid-19 may be its influence on how the immigration system assesses who should be allowed to come to the UK for work. This crisis …
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Coronavirus: High Court issues welcome rulings on furloughing staff in insolvent companies

Recent cases involving Carluccio’s and Debenhams confirm the availability of the government-funded furlough scheme to companies in administration and their employees, report Ed Husband and Ambuja Bose ‘Administrators can use the time and breathing space afforded by the furlough scheme to explore the various rescue options available for a distressed business.’ The financial impact of …
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Coronavirus job retention scheme: Furloughed employees and frustration of contracts

Howard Hymanson considers whether employers could successfully argue that Covid-19 has frustrated their contracts with employees and what the position is when they have put staff on furlough leave ‘The coronavirus and its impact on society and the economy is an extraneous change of situation which is taking place without employers or employees being to …
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Lifting the lockdown: Preparing to return to the workplace: key steps for employers

Catrina Smith and Amanda Sanders look at how to get employees back to work safely and minimise the risk of employment tribunal claims from individuals who are reluctant to return ‘One of the key ways to protect employees is to ensure that they comply with social distancing in the workplace.’ On 11 May, the UK …
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Covid-19: Employment in a time of coronavirus – what should employers consider now?

Kim Sartin and Rachel Farr look at the issues facing employers now that the UK is in lockdown and employees are expected to work from home if possible ‘The Health and Safety Executive advises that employers should consider how they will remain in touch with employees.’ A month is a long time in politics and …
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Coronavirus: Alternatives to dismissal during the Covid-19 outbreak

Christopher Hitchins and Emma Phillpot look at the government’s planned job retention scheme and at the law on lay-offs and short-time working ‘Under the job retention scheme, all UK employers with a UK bank account are eligible to access support to continue paying employees’ salaries where those employees are paid via PAYE.’ In responding to …
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Legal news: Employment update

Jo Broadbent rounds up recent case law and developments affecting employers and their advisers ‘For an act to constitute a PCP, there must be some sense that it would inform how similar cases are generally treated or would be treated.’ One-off act not necessarily a PCP The courts and tribunals take a wide approach to …
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