Job Retention Scheme: Update on employers’ access to funds

In a session of the Treasury Select Committee today (8 April 2020), HMRC has provided the following information which will be useful to employers who have furloughed, or are about to furlough, employees under the Government’s Job Retention Scheme (JRS). The JRS portal, which employers must use to claim reimbursement of furloughed employees’ wages, is …

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Coronavirus Job Retention Scheme: updated information

The Government issued updated guidance on the Coronavirus Job Retention Scheme (JRS) on 4 April 2020 and ACAS has also updated its Coronavirus advice for employers and employees. The updated guidance contains some additional information and clarification which will be important for employers who are placing employees on furlough and claiming a grant under the …

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UK: Supreme Court upholds appeal in claim against Morrisons: employer not vicariously liable for employee’s data breach

Today the Supreme Court allowed an appeal in Morrisons v Various Claimants[1], a significant judgment addressing the extent of an employer’s liability for data breaches maliciously committed by an employee. The Supreme Court held that: The earlier judgments of the High Court and Court of Appeal had misunderstood the principles governing vicarious liability. In particular, …

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Government publishes detailed guidance on Coronavirus Job Retention Scheme and details of the Self-employment Income Support Scheme and announces relaxation of holiday carry-over rules

On 26 March the Government published more detailed guidance on the Coronavirus Job Retention Scheme (CJRS) originally announced on 20 March. The CJRS is designed to support employers whose operations have been severely affected by coronavirus (COVID-19). Under the CJRS, UK employers with a PAYE payroll scheme as at 28 February 2020 will be able …

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Government suspends gender pay gap reporting requirement for this reporting year

Due to the Coronavirus outbreak, the Government Equalities Office (GEO) and the Equality and Human Rights Commission (EHRC) announced yesterday, 24th March, that they have taken the decision to suspend enforcement of the gender pay gap deadlines for this reporting year (2019/20). The decision means that employers will not be required to report their 2019 data …

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Coronavirus (COVID-19): Government measures to protect jobs and incomes

On 20 March 2020, the Chancellor of the Exchequer announced details of a package of measure to protect jobs and incomes against the negative economic impacts of the Coronavirus pandemic. The Government is implementing a “Coronavirus job-retention scheme” under which it will help to pay staff wages.  According to the Chancellor’s announcement – All employers …

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IR35 reforms to private sector postponed until April 2021

In unexpected, but almost certainly welcome news for businesses, the Government announced last night that it is postponing until 6 April 2021 its reforms to IR35 in the private sector, which were due to come into force on 6 April 2020. This news has come just a matter of weeks after the Government reviewed the …

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New employment details to be given to April 2020 new starters

When the Government published proposals in its December 2018 Good Work Plan to extend the employment information which must be provided to employees, the implementation date felt like a long time off.  However, it is suddenly looming close and employers must ensure they are prepared and  able to provide the information to any new recruits …

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UK: Be Aware: IR35 implementation review confirms April 2020 start date

  With weeks to go until the new IR35 rules come into force, the government has released the findings of its off-payroll implementation review, confirming that the off-payroll rules for the private sector will go ahead as planned on 6 April 2020. A few minor changes, which had already been announced, are clarified in the …

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Government publishes new immigration regime proposals

On Wednesday 19 February 2020, the UK government  published a policy paper setting out its plan for the new UK immigration system for skilled migration. For those who sponsor individuals, key points are: As expected, the government will scrap the resident labour market test (RLMT) and the current cap on skilled worker visas. It will …

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The final countdown: Navigating the EU Settlement Scheme

21 January marks 10 days until Brexit. On 9 January, the Withdrawal Agreement finally passed through Parliament, without much fanfare, by 330 votes to 231 and now Brexit has been fixed for 31 January 2020. The enactment of the Withdrawal Agreement provides a fixed timeline for EU nationals and their family members to apply for …

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Immigration update following UK election result

The Boris Johnson immigration tag line has long been that under his leadership the UK will have an “Australian-style Points Based System”. Now the election results have been counted and it has been confirmed that Boris will continue his tenure in 10 Downing Street, what can be expected from an “Australian-style points based immigration system” …

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Lisa Roberts joins Employment Team in London

The battle lines have been drawn in the UK general election with Brexit and also the wider immigration system being high on the political agenda. Navigating clients through Brexit-immigration queries, speaking with knowledge and skill about the impact of election promises and leading clients into a post-Brexit immigration system will be an essential services to …

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Tribunal finds workers, not just employees, are covered by TUPE

London Central employment tribunal has handed down a judgment in a TUPE case which, whilst not binding, is potentially hugely significant for employers. In Dewhurst and ors v (1) Revisecatch Limited t/a Ecourier (2) City Sprint (UK) Limited the tribunal was asked to determine the novel point whether the Transfer of Undertakings (Protection of Employment) …

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Supreme Court holds that district judge is not a worker for the purposes of whistle-blowing protection but is entitled to bring a claim

The Supreme Court has decided unanimously in Gilham v Ministry of Justice that a district judge is not a worker for the purpose of the protection given to whistle-blowers under the Employment Rights Act 1996 (ERA), but that she could nevertheless bring a whistle-blowing claim. Under s.230(3) of the ERA, a worker is defined as …

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