Calculating 80% pay for variable pay employees on furlough: Changes from 1 May 2021

Where employees are on furlough, employers can claim up to 80% of their ‘usual’ wages. The calculation of usual wages is different depending on whether the employee has fixed or variable pay. Currently, this includes different treatment as regards periods spent on maternity or other family related leave or sick leave; such periods are essentially …

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COVID-19 right to work check concession to end on 16 May 2021

The ability to perform remote right to work checks for new employees will come to an end on 16 May 2021. On 30 March 2020, the UK government temporarily suspended the requirement for employers to carry out right to work checks on original documentation owing to the COVID-19 pandemic. In place of an original document …

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COVID-19: Government urges employers to test staff: deadline to register for free kits extended from 31 March to 12 April 2021

30 MARCH 2021 UPDATE: The deadline to register for free kits has been extended to 12 April 2021.  In addition,  employers with 10 or more employees are now able to order home test kits online to distribute to their employees. 6 MARCH 2021 UPDATE:  The Government has today extended the offer of free testing kits …

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New COVID-19 ‘cautious and irreversible’ roadmap announced

The Prime Minister has now outlined his “cautious and irreversible” roadmap out of the COVID-19 pandemic.  The roadmap applies to England only. While employers may be disappointed that there will no announcements on the continued financial support for businesses until the Budget on 3 March 2021, there is now at least some clarity on the …

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Are you ready for the impending changes to the IR35 regime?

With just 2 months to go until the changes to the IR35 regime come into force on 6 April, are you aware of what those changes will mean and do you have the necessary preparations in place? HMRC introduced IR35 (or the “off-payroll working rules”) in 2000 to tackle so-called “disguised” employment. It is designed …

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Stale equality training will not provide employers with a defence to discrimination claims

In the case of Allay (UK) Limited v Gehlen, the Employment Appeal Tribunal (EAT) has recently reinforced the importance of up-to-date equality training for employees. Without it, employers may struggle to successfully demonstrate that they have taken all reasonable steps to prevent discrimination and harassment in the workplace and will, therefore, be potentially liable for …

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Brexit: Trade deal implications for UK Employment Law

The most immediate impact for employers of the expiry of the Brexit transition period is the end of freedom of movement which has significant implications for maintenance of an international workforce, business travel, international secondments and transnational recruitment between the UK and the EU.   Our previous Be Aware on the UK/EU Trade and Cooperation Agreement …

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Coronavirus: 2021 – Key information for employers as 2021 begins

January 2021: The start of a new year; a year which was hoped by so many to be the start of a return to business as normal. However, in recent weeks, it had become increasingly clear that the coronavirus pandemic would continue to have a significant impact on employers for many months to come. This …

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End of the Brexit transition period and the UK/EU Trade Agreement

At 11 pm on 31 December, the Brexit transition period will finish and this will mark the end of freedom of movement between the United Kingdom and European Union. For EU nationals already resident in the UK, they can continue to live and work in the UK; however they must make an application under the …

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CJRS extended to end of April 2021 with no change to employer contribution levels

In a surprise announcement on 17 December the Government made a further extension to the CJRS furlough scheme, extending it to the end of April 2021 and retaining the level of support at 80% of wages. The announcement comes on the same day that large parts of the country moved from Tier 2 to Tier …

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Government consultation on non-compete covenants and exclusivity provisions

The Government has today published two consultation papers looking at reforming the use by employers of exclusivity provisions and non-compete clauses in employment contracts.   The  new measures are being proposed as part of the Government’s commitment to “build back better” after the COVID-19 pandemic and aim to allow workers greater freedom to find new or …

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Coronavirus: Tiers, travel and Christmas bubbles – the latest COVID-19 developments impacting on employers

On 23 November 2020, the Prime Minster announced that England’s second national lockdown would come to an end on 2 December 2020 and that, on this date, England would revert to a revised and strengthened tier system of local restrictions, allowing many businesses to reopen. End of second national lockdown Whilst the 2 December 2020 …

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Coronavirus: Updated guidance for employers on the extended CJRS impacts on notices of termination

Update: On 13 November the Government published updated guidance, together with the Treasury Direction implementing the extended scheme.  Both the guidance and the Direction make it clear that for claim periods starting on or after 1 December 2020 employers cannot claim for any days on or after 1 December 2020 during which the furloughed employee …

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Coronavirus: CJRS extended until end March 2021

The Chancellor has today announced to the House of Commons that the Coronavirus Job Retention Scheme (CJRS) will be extended until the end of March 2021, with employers only required to contribute NICs and employer pensions contributions during this time.  However, there will be a review in January 2021 to see if the economic position has …

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