United Kingdom

The increase in remote working since the outbreak of COVID-19 has posed practical challenges for employers, including managing remote disciplinary and grievance procedures, which before now would almost always be held in person.

This rapid shift to remote working has been an emotional roller coaster for many employees. For HR managers, this period of lockdown has possibly been the most challenging period of their careers, and is predicted to result in a huge cultural shift for many businesses as employers and their staff are now appreciating the real benefits of the flexibility offered by remote working. Even as office staff begin a gradual return to work, remote hearings are likely to continue for some time. So what lessons have been learned from the past few months?

Remote grievance and disciplinary procedures – are they fair and reasonable?

Faced with additional pressures, it may be tempting to try to take shortcuts when it comes to conducting grievance and disciplinary processes remotely – perhaps key evidence is at the office and you haven’t been able to get there yet; perhaps a witness is furloughed or on sick leave; or perhaps the subject is unable to attend remote hearings at certain times of the day as they have caring responsibilities. It is particularly important to ensure that by proceeding with grievance or disciplinary procedures remotely, the overall fairness of the process is not impacted and you don’t act unreasonably.

The following considerations are particularly important for HR managers when deciding whether to proceed with, or delay, a remote disciplinary or grievance procedure:

• The individual circumstances and nature of the case – is it particularly sensitive, serious or urgent?
• The current status of the relevant parties including any managers or other personnel who would assist with the process – are they working remotely, present in the workplace, or furloughed?
• Is it possible to conduct the procedure safely, fairly and reasonably?
• Can any adjustments be made to the usual process so that it can still proceed fairly and without unreasonable delay?
• If the procedure must be carried out remotely, what would be the limitations, if any, to this?
• The impact on the wellbeing of the parties involved if the process is delayed – you should bear in mind that the current climate may already be causing increased levels of stress.
• What does the internal disciplinary or grievance policy say?

HR managers should not forget the importance of involving the relevant parties in the above considerations, even if it is more challenging to have these conversations remotely.

Technology and reasonable adjustments

Effective use of technology has been essential to employers in being able to make the procedures as streamlined to the ‘normal’ processes as possible.

Here are some important lessons that conducting grievance and disciplinary processes remotely has highlighted:

• Video conferencing, in place of audio-only meetings, has been the preferred method for employers, aligning more closely with how the process would be in the office. To ensure the meeting runs as smoothly as possible, HR managers should check that all parties involved have access to the proposed conferencing technology and carry out a test run prior to the meeting taking place.
• You should of course always ensure that the technology being used is secure and access to video meetings should be protected by a password. Those involved in the process should be reminded of their legal duties of confidentiality and any relevant confidentiality policies.
• It is also advisable to confirm with the employee that they do not have anyone sitting in on the meeting with them (outside of any companion allowed in a grievance hearing). Even innocent parties such as children and pets prove to be a distraction and should be discouraged where possible.
• Remote meetings/hearings have placed further emphasis on the importance of considering whether the employee involved has a disability that might affect their ability to use the technology. For example, a deaf employee that uses sign language/lip reading will require video calling as the method of communication. You must therefore consider what reasonable adjustments can be made to assist employees during these processes.

Evidence

One of the key challenges for HR managers has been ensuring that all parties have the same set of documents during remote meetings/hearings and can easily refer to the evidence in discussion. You should therefore consider sending documents well in advance of the remote meeting and these should be paginated for ease of reference. Evidence should be limited to necessary documents only as large volumes are difficult to refer to when reviewing remotely.

A “share screen” function is also advisable for the Chair so the parties can review evidence at the same time.

If there is a bundle of documents, this should be circulated electronically in advance, ensuring that the documents are sent securely. You should also consider whether alternative formats, such as hard copy, are needed.

Gathering witness evidence has also presented challenges for employers due to the logistical difficulties associated with interviewing witnesses remotely. Therefore, when deciding on the number of witnesses, you should be mindful of the practicality of remotely interviewing a large number of these and whether it may disturb any periods of furlough leave.

Covert recordings

Conducting meetings remotely has brought with it the increased risk of secret recording.

Employees who are wearing ear pieces to receive secret advice from their lawyers and employees reading from scripts prepared in advance by their lawyers are the reality that employers are having to grapple with.

Recording meetings is generally prohibited unless all parties have agreed, and could constitute misconduct. You should therefore check that your disciplinary and grievance policies cover recording of meetings. If they expressly state that recordings are prohibited, this should be highlighted to the employee at the beginning of the video meeting. They should be asked to confirm that they are not recording the meeting, and reminded that they do not have a legal right to do so. Where parties have agreed to use a recording facility, this has proven to be a useful alternative to taking notes. You should therefore consider agreeing this with employees where appropriate.

You should bear in mind that evidence gathered secretly may still be admissible in an Employment Tribunal in certain circumstances.

Furloughed employees

If an employee has been furloughed, they can still submit a grievance or be subject to a disciplinary procedure. ACAS has published guidance which confirms that someone on furlough can take part in a disciplinary or grievance investigation or hearing so long as they are doing it voluntarily and it takes place in line with public health guidance.

However, you should be aware that there is a risk that acting as an investigator, meeting chairperson, note taker or even potentially a witness whilst on furlough constitutes “work” under the furlough scheme. To eliminate this risk, the relevant employee should be put on part time furlough and be paid their usual wages during the period they are required.  Since the government introduced flexible furlough from 1 July, this has been made easier than under the original Job Retention Scheme which required employees to be furloughed for a minimum of 3 weeks. Read our client guide on the new flexible furlough scheme.

What next?

Pre-COVID-19, remote working was regarded as a possibility but not a real option for many jobs on a regular basis.   The pandemic has accelerated changes which many would not have foreseen just six months ago.   This autumn we are planning a webinar and further articles where we will explore the issues which will help HR prepare for these changes including:

• How will approaches to flexible working and “presenteeism” change in a post-Covid world?
  • Has there been a change in employer and employee expectations?
  • How can employers manage mass flexible working requests? Requests to work from abroad?
  • Can the core working hours model survive a more flexible culture?
  • What discrimination risks come into play with extended home working in the continued pandemic?
• Embedding acceptable behaviour and combating remote bullying and harassment in a home working culture
• Will Covid advance or set back progress on advancing a diverse and inclusive culture?  What can you do to advance your cultural brand through the pandemic?

 

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If you have any questions or would like advice on any of the issues raised here, please get in touch with your usual Clyde & Co contact. Clyde & Co attorneys are available to assist you with these and other workplace issues. For more information, visit www.clydeco.com. 

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

The government has now published further details about the new flexible furlough scheme under the Coronavirus Job Retention Scheme which will run from 1 July until 31 October 2020, when the scheme closes. This further detail is set out in a Treasury Direction of 25 June which is the legal basis for the scheme, and the government guidance which was updated on 1 July 2020.

The Treasury Direction provides some more information on how certain aspects of the flexible furlough scheme will work and how employers can use it, following the government guidance published on 12 June. But it also leaves some ongoing areas of uncertainty.

We summarise below some key points to take away from the Treasury Direction and some of the areas which remain uncertain. Our Guide to the Second Phase of the Scheme sets out fuller details of how the flexible furlough scheme will work. It is being updated in light of the Treasury Direction.

What is the flexible furlough scheme?

The original furlough scheme was introduced in March 2020 to support employers pay the salaries of employees who agree to take a temporary leave of absence because of the difficulties their employer is facing due to the coronavirus. The original scheme, which operated until 30 June 2020, covered 80% of monthly “regular” wages, up to £2,500 a month, employer National Insurance Contributions and minimum employer auto-enrolment pension contributions. Under that scheme, furloughed workers were not entitled to work for their employer.

The new flexible furlough scheme covers claims made for the period 1 July 2020 to 31 October 2020.  From 1 July, employers will be able to allow furloughed employees to work for some days (or part days) and be furloughed for others.  The cap on the furlough grant will be proportional to the hours not worked by the employee.  Employers are still free to fully furlough employees. From 1 August, employers will also be required to gradually contribute more towards the employment costs of those on furlough.

How can employers use the flexible scheme?

One option is for employees to stay on full-time furlough until the employer is able to take them off full-time furlough or the scheme closes.

Alternatively, employers can bring their furloughed employees back to work part-time, with them remaining on part-time furlough for the rest of their usual hours. However, there are complex calculations involved in flexibly furloughing employees, as explained below, which may mean some employers will choose not to do this.

Another option is to rotate employees between periods of full-time work and periods of furlough leave. It was hoped that this would be a way to avoid the complex calculations that flexibly furloughing employees entails but unfortunately this may not be the case (see below).

Transitioning to the new scheme

Employers must make all claims for reimbursement under the scheme for the period ending on 30 June by 31 July 2020 at the latest. From 1 July 2020, employers will be able to claim under the flexible furlough scheme for periods from 1 July.

How is the government grant reducing?

Furloughed employees must receive at least 80% of pay from their employer for the hours they are furloughed (subject to the maximum cap of £2,500 which is reduced proportionately to the hours furloughed).

For July, the government grant will continue to cover 80% of wages up to a cap of £2,500 for the hours the employee is on furlough, as well as employer NICs and minimum employer auto-enrolment pension contributions. Employers will have to pay their employees for any hours that they work.

From 1 August 2020, the Scheme will no longer cover employer NICs and minimum employer auto-enrolment pension contributions. From 1 September, the government’s contribution will be reduced to 70% of pay up to a maximum of £2,187.50, leaving employers to contribute 10% (in order to top up to 80%). From 1 October, the government’s contribution will be reduced to 60% of pay up to a maximum of £1,875, leaving employers to contribute 20% (in order to top up to 80%).

Who can be flexibly furloughed?

The flexible scheme is only open to claims from employers who have previously used the original scheme which operated until 30 June 2020.

Only employees who have previously been furloughed for a minimum of 3 weeks during March, April, May or June 2020 can be furloughed from 1 July.  The only exception to this is those returning from maternity or other family leave, who do not need to have been furloughed under the original scheme in order to qualify under the flexible furlough scheme, provided they meet certain criteria.

As with the original scheme, employers may only claim for employees who are furloughed by reason of circumstances arising as a result of coronavirus or coronavirus disease.

Flexibly-furloughed employees

The Treasury Direction makes it clear that from 1 July 2020, all furloughed employees are “flexibly furloughed” under the Scheme, even if they are on full-time furlough. This may be a concern for employers given the complexity of the flexible furlough calculations (see below).

The flexible furlough calculations will not be required where employees are on full-time furlough for the whole of the claim period. So where an employer is putting employees who are on full-time furlough on rotation, the claim period and rotation schedule would need to be aligned to avoid the flexible furlough calculations for these employees.

Furlough agreements must be in writing

Employers will need to agree new written flexible furloughing arrangements with employees before flexibly furloughing them. The agreements will need to cover the main terms and conditions on which the employees agree to do no work or agree that they will not work all of their usual hours.

The agreement must be made, or confirmed, in writing by the employer (this can be done electronically e.g. by email). The agreement can also be made by collective agreement between an employer and a trade union.

There was initially some uncertainty about whether a flexible furlough agreement had to be agreed in writing with a written response from the employee, but the Treasury Direction appears to confirm that it is sufficient for an agreement to be reached with employees which is then confirmed in writing by the employer.

The scope of the flexible furlough scheme – can employers give employees notice to end their employment and still claim the furlough grant?

The latest Treasury Direction casts some doubt over whether pay during redundancy notice periods can be reclaimed under the scheme. Although the position is unclear, we consider this to be a low risk for employers.

The Treasury Direction says it is “integral to the purpose” of the scheme that the grant paid to an employer in respect of a claim made under the scheme is used by the employer to continue the employment of employees. It is not clear whether the intention is to limit the use of the scheme to prevent employers from making a claim in respect of employees who are on notice. That said, if HMRC intended that claims cannot be made in these circumstances, you would expect this to be stated explicitly in the Treasury Direction and the guidance.

Calculating claims

The rules for calculating how much can be claimed under the Scheme, set out in the Treasury Direction and guidance, are complex and employers may find this process onerous. Employers should refer to these resources to determine how these calculations should be made (Calculate how much you can claim, Treasury_Direction, example, calculator).

Where employees are on a flexible furlough arrangement, their furloughed hours are a proportion of their usual hours. The employer must pay their normal pay for the hours they have worked.

The calculations for the claim periods will be different from 1 September, when the government’s contribution is reduced.

Mistakes when claiming

If the employer has made a mistake in a claim, for example, claimed too much, the guidance suggests this can be adjusted in the next claim. However, if there is no plan to submit further claims, the updated guidance now includes a process to follow so that the employer can repay any over claimed amount.

Length of the claim period

From 1 July 2020, all claims must start and end within the same calendar month (because the contributions made will change each month) – claims cannot cross calendar months. Although employers can make more than one claim each month, only one claim can be made for any claim period, and claim periods cannot overlap. So employers must ensure that all employees they want to claim for are included in one claim. If your employees have been on furlough continuously, the claim periods must follow on with no gaps in between the dates.

The minimum claim period is seven days. The only exception to this is if you are making a claim for a maximum of six consecutive days at the beginning or end of a month, referred to in the Treasury Direction as the “orphan period”. Claims for an orphan period can only be made if a claim for the employee is made for the period immediately before the orphan period.

Holidays during furlough

The guidance provides that employees can take holiday during furlough so where an employee is flexibly furloughed. So any hours taken as holiday during the claim period should be counted as furloughed hours rather than working hours.  However, given that under the new scheme there is no minimum period of furlough, the temptation for employers is to furlough employees simply because they are on holiday so that a proportion of their pay is recoverable under the scheme. The guidance updated on 1 July makes it clear that this is not possible, stating clearly that employees should not be placed on furlough simply because they are on holiday for that period.

It is clear that there are some areas of uncertainty and complexity in the flexible furlough scheme and it is likely that the guidance will be updated to provide further clarification in the coming weeks.

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Clyde & Co attorneys are available to assist you with these and other workplace issues. For more information, visit www.clydeco.com. 

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

From 1 August, the official guidance to work at home if you can, will change. From that date, employers will be able to ask their home working staff to return to the workplace provided they have made their workplace safe after consultation with staff or staff representatives.

The updated guidance on Staying alert and safe (social distancing) can be found here.

Despite current guidance to work at home if you can, some employers have already asked staff to return to the workplace because they consider that the business works more effectively with staff in the office, even where technically they are able to work from home.  But it is probably fair to say that most large office based businesses have not yet undertaken any large scale return to the office.  Employers who have required staff to return have experienced some reluctance and concern. Reasons range from fears for personal safety (or the safety of those vulnerable people they live with) and difficulties with childcare, to those who have a simple preference for home working  – without commuting, some employees are enjoying a better work-life balance and want it to remain that way.  Until there is a reliable vaccine or the virus goes away, it seems likely that at least some members of staff will be reluctant to re-enter the workplace any time soon.

How has government guidance changed?

Guidance on home working has seen a gradual change in emphasis.  Before  4 July, the guidance was emphatic  – work from home if you can.  From 4 to 31 July, the emphasis changed: people should work from home if they can, but employers should decide, in consultation with their employees, whether it is viable from them to continue working from home.  From 1 August, the recommendation that people who can work from home should continue to do so will disappear and it will be for employers to decide how staff can work safely, with working from home just one option for doing so.   The guidance emphasises that employers should consult with employees on how they can work safely, and must ensure workplaces are safe if they are asking people to return.  But ultimately, it is for employers to decide.

The guidance for people in England who are clinically extremely vulnerable also changes on 1 August.  They can go to work as long as they are able to maintain social distancing as much as possible and their workplace is COVID secure. However, if they can work from home, they should continue to do so.

There has been some but fairly insignificant change in the guidance on the use of public transport.  The guidance before 17 July advised walking and cycling if possible and avoiding peak times if you have to use public transport. From 17 July, the guidance says you can use public transport but it’s better to travel in other ways if possible. If you are using public transport you should follow the safer travel guidance for passengers.  It remains a legal requirement to wear a face covering on public transport.

Government guidance on self-isolation must still be followed and it may be a breach of health and safety obligations to require or allow an employee to attend at work in contravention of these guidelines.  Those who are self-isolating may be entitled to Statutory Sick Pay (SSP) even if they are well.  SSP is currently payable from day 1 of absence for those who can’t work from home and self-isolating:

• due to COVID-19 symptoms/positive test result (but not if negative test result obtained)
• under NHS test and trace service for 14 days
• because  someone in their “bubble” with another household has symptoms or a positive test result

What are an employer’s health & safety duties when opening up the workplace?

Employers who wish their home workers to return to the office must ensure that they comply with their employment and health and safety obligations.  Employers have an implied contractual duty to take reasonable care for employees’ health and safety and, from a health and safety perspective, have a statutory duty, so far as is reasonably practicable, to provide and maintain safe places of work, safe systems of work and adequate facilities for welfare.

To provide a safe place and system of work the employer must carry out a Covid-19 risk assessment (in consultation with staff or representatives of staff) with a particular focus on hygiene/cleaning arrangements and social distancing measures. The government guidance on 5 steps to working safely identifies the practical steps that businesses need to take.  Employers should also refer to the COVID-19 Secure guidelines, which has numerous sector-focussed guidelines.

Can employers insist on a return to the workplace from 1 August?

From 1 August, there is no longer a requirement to work from home so, provided the employer has ensured a safe place and system of work in consultation with its staff, the employer can require its staff to return to the workplace even if the employee can work as effectively, or the business can function as effectively, if they were to work from home.

What are an employer’s options from 1 August?

Despite this change in government guidance, many employers may decide for a variety of reasons to continue with their current arrangements, and their staff will continue to work from home.  If staff are working from home on a longer term basis, employers should ensure that home working risk assessments are carried out,  and that more safeguards are put in place to support their employees’ mental health.  There may be some employees who are experiencing difficulties with home working, and in those cases, employers should consider permitting them back to the workplace if needed.

Other businesses may choose to re-open their workplaces, either gradually with voluntary attendance, or more radically with compulsory attendance.   The former will be the more cautious option as it gives staff options and minimises the risk of grievances (and ultimately claims) from employees who are reluctant to attend the workplace.  It also gives those who find home working problematic, the opportunity for some release from the stress they may be experiencing from home working.  Where employers insist on compulsory attendance, they will need to demonstrate they have conducted the required risk assessments and have consulted with their staff.  There may still be some reluctance to return from some and employers should engage with those concerns in order to minimise the risk of grievances being raised, and ultimately claims being brought.

What other steps can employers take to minimise litigation risk  when requiring staff to return to the workplace?

Apart from undertaking general risk assessments and taking appropriate measures to make the workplace safe, employers need to be mindful of the particular needs of different groups of workers, particularly those who are protected under the Equality Act 2010.  Employers should pay particular attention to the following groups:

• clinically extremely vulnerable people (who have been asked to shield until 1 August)
• clinically vulnerable people (such as pregnant women,  the over 70’s or those with certain underlying health conditions) who have not been asked to shield
• people with caring responsibilities such as childcare or those living with vulnerable adults
• nervous but well people who are more sensitive than average to the risks of the virus

There are a number of key practical steps that employers can take in order to minimise the risk of grievances and ultimately discrimination or health & safety claims being brought against them, including:

• Communicating with staff, providing detailed explanations about steps taken to control and reduce risks
• Understanding and taking into account the particular circumstances of those with concerns about returning to the workplace, particularly those who are protected under the Equality Act 2010
• Taking proactive steps to take care of mental health, whether returning to the workplace, or continuing to work from home
• Involving and communicating appropriately with workers whose protected characteristics might either expose them to a different degree of risk, or might make any measures that might be implemented inappropriate or challenging for them
• Considering whether there are any particular measures or adjustments which need to be put in place to take account of  duties under the Equality Act 2010; consider specific risk assessments and bespoke risk mitigation if appropriate
• Making reasonable adjustments to avoid disabled workers being put at a disadvantage – note that many clinically vulnerable individuals will be disabled workers
• Assessing the health and safety risks for new or expectant mothers (note that  expectant mothers are, as always, entitled to suspension on full pay if suitable roles cannot be found)
• Making sure that the steps taken do not have an unjustifiable negative impact on some groups compared to others – for example those with caring responsibilities or those with religious commitments
• Ensuring flexible working, home working and grievance policies are up-dated to deal with the inevitable rise in flexible working requests for home working and grievances from employees who wish to challenge the decision to return to the workplace
• Considering alternative options such as temporarily changing role, working hours  or shift pattern (to avoid busy commuting times or busier times in the office), home working, parental leave and furlough; and taking legal advice if considering more draconian options of unpaid leave, disciplinary action or dismissal.

 

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Clyde & Co attorneys are available to assist you with these and other workplace issues. For more information, visit www.clydeco.com. 

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

With the easing of the lockdown and more businesses now re-opening, employers are facing fresh challenges and having to find new ways of working. In this blog, we bring you up-to-date on some of the latest and upcoming changes for employers to be aware of as employees return to work.

Return to work

Government guidance remains that people who can work from home should continue to do so. But employers and employees should discuss and agree working arrangements to best suit the needs of the business. This is a change of emphasis from before in favour of the employer’s business needs.

We have also seen more types of workplaces reopening with further easing of the lockdown on 4 July, such as pubs, bars and restaurants. More businesses have now been given the green light to reopen later in July. To help employers understand how they can reopen safely and the steps they need to take to do this, the government has updated its Covid Secure Guidelines to cover other types of workplaces that can now reopen. Key to this is carrying out Covid-19 risk assessments and taking steps to ensure the business operates in a Covid-secure way.

In relation to travelling to work, the Staying Safe Outside Your Home guidance says people should walk or cycle wherever possible to reduce demand on the public transport network. People are advised to try to avoid peak times if they have to use public transport. Employers should consider staggering working hours, expanding bicycle storage facilities, providing changing facilities and providing car parking.

People in Scotland, Wales and Northern Ireland are required to follow the specific rules in those parts of the UK.

Clinically vulnerable and extremely vulnerable people

The government has updated its guidance and, from 1 August, people in England who are clinically extremely vulnerable will be advised they can go to work, as long as they are able to maintain social distancing as much as possible and their workplace is Covid-secure. It remains the case that if they can work from home, they should continue to do so (as with all other employees).

Where homeworking is not possible, they should be offered the option of the safest on-site roles enabling them to maintain social distancing guidelines (two metres or one metre with risk mitigation where two metres is not viable, is acceptable). Importantly, the guidance makes clear that ‘if they cannot maintain social distancing, you should carefully assess whether this involves an acceptable level of risk‘ and employers will need to give careful consideration to this issue.

Where employers are considering asking vulnerable employees who cannot work from home to return to the workplace, we recommend undertaking a specific risk assessment and considering taking bespoke risk mitigation steps for them. If the risks cannot be adequately controlled then the employee should remain at home.

We also recommend talking to the employees concerned about what steps have been taken to make the workplace Covid-secure and ensuring employees’ questions and concerns about returning to work are addressed.

Employers will need to ensure that they handle employees returning to work in a sensitive and understanding way.  If an employee is unhappy about returning, and furlough or home working are not viable options, it is open to employers to stop paying or dismiss, but before doing so they should consider the risk of any potential discrimination and/or whistleblowing claims being made and follow a fair process.

SSP

New Regulations brought in on 6 July mean that SSP is payable where an individual self-isolates because they are in a “bubble” (an extended or linked household) with another household, and someone in their bubble has COVID-19 symptoms or has received a positive test result. Previously, SSP was only payable where an individual was living in the same household as the person with symptoms.

Under the latest rules, SSP will stop being payable if a person with symptoms tests negative for COVID-19.

SSP entitlement will also end where someone who is clinically extremely vulnerable receives a notification to end shielding.

People who are self-isolating for 14 days because they have been notified that they should do so by the NHS test and trace service qualify for SSP under rules brought in on 27 May. This will cover people who have been in close contact with someone who has tested positive for Covid-19, even if they are not themselves showing any symptoms. People who can work from home will not be entitled to SSP and will be entitled to their usual pay.

Employers will need to consider whether company sick pay is payable as well in these situations. This will depend on the wording of the company sick pay policy or rules.

Travel and quarantine

On 4 July 2020, the FCO updated its advice against “all but essential” travel, allowing travel to destinations no longer considered to pose an unacceptably high risk of COVID-19.

From 10 July 2020, people returning to England will not have to self-isolate if they are travelling or returning from one of the countries with a “travel corridor” exemption, as long as they have not been to or stopped in a country that is not on the travel corridor exemption list within the previous 14 days.

If they have been to or stopped in a country that is not on the travel corridor exemption list, they will still have to self-isolate for 14 days after leaving that country.

These changes mean that fewer workers returning from holiday or business travel will need to self-isolate for 14 days, but employers should consider their position in relation to any workers returning from abroad who are required to self-isolate and are unable to work from home, and communicate this to workers in advance of their holiday.

There may now be some scope for international business travel to resume, although the risks to workers involved in air travel would still need to be carefully considered.

Job Retention Bonus Scheme

The Chancellor announced on 8 July that businesses will receive a one-off Job Retention Bonus of £1,000 for each furloughed worker they bring back to work and retain in continuous employment until at least 31 January 2021. The bonus will apply to workers who earn an average of £520 per month between the end of the Coronavirus Job Retention Scheme and the end of 31 January 2021. The bonus will be paid from February 2021. Further details about the scheme are expected to be released later this month.

Further support was also announced for employers to take on young people for six-month traineeships and new apprentices.

 

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Clyde & Co attorneys are available to assist you with these and other workplace issues. For more information, visit www.clydeco.com. 

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

The UK government’s Coronavirus Job Retention Scheme is designed to support employers to pay the salaries of those employees who take a temporary leave of absence because of the difficulties their employer is facing due to Covid-19. The Scheme is due to come to an end on 31 October 2020, and will continue in a more flexible form from 1 July, with employers being asked to contribute towards its cost from 1 August.

On 29 May 2020, the Chancellor announced that the Scheme will continue in its present form only until 30 June 2020 (one month earlier than anticipated). After that date, the Scheme will continue in a more flexible form until 31 October 2020, with employers gradually being asked to contribute to its cost from 1 August. The new flexible scheme from 1 July can only be used to furlough employees who have been previously furloughed for a full three weeks under the current Scheme which ends on 30 June.

There is guidance for employers on the revised Scheme which was published on 12 June 2020.
The legal parameters of the Scheme are set down in the First Treasury Direction and Second Treasury Direction. We anticipate that a further Treasury Direction will be published for the revised scheme.

Read our Clyde Guide to the Second Phase of the Coronavirus Job Retention Scheme (https://www.clydeco.com/blog/the-hive/article/the-uk-guide-to-the-second-phase-of-the-coronavirus-job-retention-scheme) for a more detailed overview of the revised Scheme and answers to some key questions UK employers are asking.

 

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Clyde & Co attorneys are available to assist you with these and other workplace issues. For more information, visit www.clydeco.com. 

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.