@deliver_els, Author at Employment Law Services (ELS) LTD

Further Details on Extension to Furlough Scheme

Posted on 2 November 20208 June 2023 by @deliver_els

In light of the PM’s announcement on 30 October 2020, in which he confirmed the Coronavirus Job Retention Scheme (Furlough Scheme / CJRS) will be extended to 2 December 2020, the new Job Support Scheme (JSS) will now not start until the extended Furlough Scheme ends.

Further Details on Extension to Furlough Scheme

The extension of the Furlough Scheme may create some confusion and concern for Employers who have already formally ended furlough and have implemented a formal short time working arrangement with employees. For guidance on this point, Employers can look to the third Treasury direction, in which the Treasury confirmed the requirement to reach agreement on flexible furlough arrangements needs to be confirmed in writing by employers (which may be in electronic form such as an email).

A literal interpretation of the Treasury direction would suggest that any formal agreement reached on short time working would mean employees returning to work under these arrangements would be eligible for the extended CJRS as being flexibly furloughed, but at the date of writing this we are still awaiting further guidance from the Treasury to determine what steps, if any, Employers will need to take with those employees they have entered into short time working arrangements with.

What the Treasury has confirmed so far is that the CJRS has been extended until December and will operate as the previous scheme did and the level of the grant will mirror levels available under the CJRS in August; so the government will pay 80% of wages up to a cap of £2,500 and employers will pay employer National Insurance Contributions (NICs) and pension contributions only for the hours the employee does not work and that flexible furloughing will be allowed in addition to full time furloughing.

In addition, the Treasury has set out revised eligibility criteria and details of the support being provided:

Employers

All employers with a UK bank account and UK PAYE schemes can claim the grant. Neither the employer nor the employee needs to have previously used the CJRS.

The government expects that publicly funded organisations will not use the scheme, as has already been the case for CJRS, but partially publicly funded organisations may be eligible where their private revenues have been disrupted. All other eligibility requirements apply to these employers.

Employees

To be eligible to be claimed for under this extension, employees must be on an employer’s PAYE payroll by 23:59 30th October 2020. This means a Real Time Information (RTI) submission notifying payment for that employee to HMRC must have been made on or before 30th October 2020.

*As under the current CJRS rules:

Employees can be on any type of contract. Employers will be able to agree any working arrangements with employees.

Employers can claim the grant for the hours their employees are not working, calculated by reference to their usual hours worked in a claim period. Such calculations will broadly follow the same methodology as currently under the CJRS.

When claiming the CJRS grant for furloughed hours, employers will need to report and claim for a minimum period of 7 consecutive calendar days.

Employers will need to report hours worked and the usual hours an employee would be expected to work in a claim period.

For worked hours, employees will be paid by their employer subject to their employment contract and employers will be responsible for paying the tax and NICs due on those amounts.

What support is being provided and employer costs:

For hours not worked by the employee, the government will pay 80% of wages up to a cap of £2,500. The grant must be paid to the employee in full.

Employers will pay employer NICs and pension contributions and should continue to pay the employee for hours worked in the normal way.

As with the current CJRS, employers are still able to choose to top up employee wages above the scheme grant at their own expense if they wish.

The Government will confirm shortly when claims can first be made in respect of employee wage costs during November, but there will be no gap in eligibility for support between the previously announced end-date of CJRS and this extension.

Full details of the latest Treasury update can be found here: https://www.gov.uk/government/news/furlough-scheme-extended-and-further-economic-support-announced

Support for Employers

If you require any advice or support, please contact our team of employment law specialists to get clear and purposeful advice.

Book your FREE Consultation Now or call us on 0800 612 4772 to speak to a specialist today.

HMRC Confirm Furlough Extension is for Entire UK

Posted on 31 October 20208 June 2023 by @deliver_els

Within hours of the Prime Minister announcing new national lockdown restrictions for England, the UK Treasury has confirmed that the extension of the Furlough Scheme will apply across the whole of the UK, not just in England.

HMRC Confirm Furlough Extension is for Entire UK

Employers would be forgiven for wondering why the Prime Minister couldn’t have made this clear during his initial announcement, but will be grateful HMRC have at least moved quickly to provide clarity.

Employers will have flexibility to bring furloughed employees back to work on a part time basis or furlough them full-time, and will only be asked to cover National Insurance and employer pension contributions which, for the average claim, accounts for just 5% of total employment costs, so the cost for employers of retaining workers will be reduced compared to the current scheme, which ends today. .

The Job Support Scheme, which was scheduled to come in on Sunday 1st November, has been postponed until the furlough scheme ends.

Many Employers will have already taken steps to end furlough for employees from next week and may have either told them to return to work under their normal contracted hours, or agreed a short-time working arrangement.

The decision to extend the Furlough Scheme shouldn’t effect any arrangements already reached with employees, but does mean the mechanism for reclaiming costs will remain the CJRS portal.

Employers unsure about how this extension to the Furlough Scheme might impact the arrangements they have made with employees should take advice to ensure they remain complaint with the Terms of the Furlough Scheme and associated employment legislation.

Support for Employers

If you require any advice or support, please contact our team of employment law specialists to get clear and purposeful advice.

Book your FREE Consultation Now or call us on 0800 612 4772 to speak to a specialist today.

COVID-19: Prime Minister Announces New National Lockdown for England

Posted on 31 October 20207 June 2023 by @deliver_els

Prime Minister Boris Johnson has announced this evening a second national lockdown for England as the UK passes one million Covid-19 cases.

COVID-19: Prime Minister Announces New National Lockdown for England

In a press conference from Downing Street this evening, Prime Minister Boris Johnson has announced that with effect from Thursday 5 November 2020, there will be a National Lockdown across England until at least 2 December 2020, subject to the new measures being approved in Parliament early next week.

Key Lockdown Measures

Lockdown will come into force on 5 November and last until 2 December 2020.

The CJRS (Furlough Scheme) will not end today but will now be extended until 2 December*

Non-essential retail and hospitality will close.

Pubs, bars and restaurants to close, except for takeaways.

Schools, colleges and universities will remain open.

Households will not be allowed to mix indoors or outdoors.

Shielding measures will not be re-introduced, but vulnerable people or those aged over 70 are told to be especially careful.

* During his press conference, the Prime Minister failed to clarify whether the extension of the Furlough Scheme until 2 December 2020 was limited to England, or if it would be extended to Scotland, Wales and Northern Ireland.

The Furlough scheme was due to end at midnight tonight and thousands of Employers throughout the UK will have already taken steps to have staff return to work next week, potentially on a short time working basis, expecting to take advantage of the new Job Support Scheme.

The lack of clarity around the extension of the Furlough Scheme and whether this includes Scotland, Wales and Northern Ireland will have left thousands of Employers wondering what the status of their staff will be when they return to work next week; will they be flexibly furloughed or will they be on short-time working and which grant scheme will Employers need to use to reclaim wage costs?

It seems unlikely that the extension of the Furlough Scheme would be limited to England, but until Downing Street clarify the position Employers outside of England will be wondering what the status of their staff will be when they return to work next week.

Death by a Thousand Cuts for Thousands of UK Employers

Employers have already had to endure 7 months of COVID-19 restrictions with thousands of businesses having been forced to remain closed since March and thousands more, who were eventually able to re-open as restrictions were eased, forced to close again when the localised tiered system of COVID-19 restrictions was introduced.

These latest restrictions announced by the Prime Minister will see England returning to a national lockdown reminiscent of the restrictions imposed across the whole of the UK back in March, the main difference being schools and colleges will be allowed to remain open.

In Scotland, the new 5-tier restrictions come into force on Monday 2 November 2020 and in advance of this, First Minister Nicola Sturgeon has issued new advice that people should not travel to or from England, except for essential purposes.

In Wales, First Minister Mark Drakeford said that his cabinet will meet on Sunday to “discuss any potential border issues for Wales in light of any announcement by No 10” but confirmed that the 17-day “firebreak” there will end as planned on 9 November.

We will continue to monitor developments and provide an update once the position becomes clearer.

Support for Employers

If you require any advice or support with any employment matter, COVID related or otherwise, please contact our team of employment law specialists to get clear and purposeful advice.

Book your FREE Consultation Now or call us on 0800 612 4772 to speak to a specialist today.

Support for Employees

If you are an employee and find yourself in a situation where you have been advised by your employer that they want to bring the employment relationship to an end, by reason of redundancy or by way of a Settlement Agreement, or you believe your employment rights have been breached in any way, the team at Employment Law Services (ELS) can help you.

Book your FREE Consultation Now or call us on 0800 612 4772 to speak to a specialist today.

Ending Furlough: An Urgent Call to Action for Employers

Posted on 23 October 20208 June 2023 by @deliver_els

With the Coronavirus Job Retention scheme due to end on 31 October 2020, Employers have one week to decide what to do with staff who are currently furloughed and/or flexibly furloughed.

Ending Furlough: An Urgent Call to Action for Employers

Following yesterday’s announcement by the Chancellor, HMRC has published a policy paper containing more details on the Job Support Scheme which now defines the scheme is two ways:

JSS Open; and

JSS Closed

Under JSS Open, an employee will need to work at least 20% (no longer 33%) of their normal hours. They will receive normal pay for the hours they work, and two-thirds of pay (subject to a cap which bites against those earning more than £3,125 a month) for the hours they do not work. For that two-thirds top-up, the government will pay 61.67% and the employer will pay 5%, plus NI and pension contributions on the full amount. That is a significant change from the previous 50:50 split towards the two-thirds top-up, shifting the financial cost overwhelmingly to the public purse. There must be a written agreement between employer and employee, agreeing to the changes.

Under JSS Closed, the position remains that the employee will receive two-thirds of their normal wages, funded by the government (again, with a cap biting against those who earn more than £3,125pm). The employer will have to pay the NI and pension contributions on that amount. Again, there must be a written agreement between employer and employee, agreeing to the changes.

The policy paper provides some detail about how the scheme will operate, eligibility criteria and how to calculate pay, but full details are still to be confirmed and Treasury Direction is expected to be issued soon.

Decision Time for Employers

In the meantime, Employers will need to decide what to do with who are currently furloughed and/or flexibly furloughed and our multi-award-winning team of employment law specialists are ready to help you!

We can give you advice and support on:

Ending furlough and/or flexible furlough

Employment contract changes necessary to utilise the Job Support Scheme

Drafting and providing written agreements between employer and employee, agreeing to the changes.

The correct redundancy processes to ensure fairness and legal compliance

Utilising settlement agreements as an alternative to a full blown redundancy process.

Book your FREE Consultation Now or call us on 0800 612 4772 to speak to a specialist today.

Increased Government Contributions Under Job Support Scheme Announced

Posted on 23 October 20209 June 2023 by @deliver_els

On Thursday 22 October 2020 the Chancellor announced a package of further economic measures to support businesses affected by the ongoing COVID-19 pandemic.

Increased Government Contributions Under Job Support Scheme Announced

The package announced by the Chancellor in a statement to the House of Commons includes significant changes to the short-time working Job Support Scheme (JSS), expanded grants for businesses in high-alert areas, and increased grants for the self-employed.

The announcement of increased Government contributions under the JSS comes just two weeks after an extension to the Scheme was announced and will be warmly welcomed by many employers that were facing the prospect of having to make redundancies at the end of October.

Under the JSS, an employee will now only need to work and be paid for at least 20% of their normal hours, not 33% as originally announced. For the employee’s remaining (unworked) hours, the government will provide up to 61.67% of the employee’s normal wages, up to £1,541.75 a month (up from £697.92 as originally announced). The employer will contribute the other 5% of the unworked hours (not 33% as originally announced). These changes are being made with a view to enabling businesses to retain staff and avoid redundancies. The JSS for businesses legally required to close their premises remains unchanged.

There has been no change to the eligibility requirement for the JSS, such that all small and medium sized businesses will be eligible. Larger businesses are only eligible if their turnover has fallen during the pandemic. Eligible employers will be able to claim under both the JSS and the Job Retention Bonus (for employees who have previously been furloughed).

The government will also increase the amounts available under the next tranche of the Self Employment Income Support Scheme (SEISS). For those currently eligible for SEISS and who continue to actively trade but face reduced demand, the initial taxable grant will now be worth 40% of average monthly trading profits, up to a total of £3,750, covering the period from November 2020 to January 2021. The level of the second grant covering February to April 2021 will be set at a later date.

In England, business grants of up to £2,100 a month will be made available for businesses in the hospitality, accommodation and leisure sectors which have not been required to close but are impacted by restrictions in high-alert areas. These grants will be available retrospectively for areas which have already been subject to restrictions. The grants will be administered and distributed by local authorities, who will determine which businesses are eligible for funding.

In Scotland, the First Minister announced that the current temporary restriction will remain in place until 2 November 2020, by which time they will have published details of their 5 tier COVID restrictions alert system. In the meantime, funding for business grants over this period will be increased proportionately. The COVID-19 Restrictions Fund will now provide one-off grants of up to £4,310 to businesses required to close by the regulations in Scotland and for businesses that remain open but are directly impacted by the restrictions, the maximum hardship fund grant will increase to £2,155. In addition, grants of £1,650 will help those businesses that are required to close to meet the 20% employer’s contribution they are required to pay under the UK Government’s CJRS.

However, these one-off grants in Scotland are for the period until 2 November 2020 and the Scottish administration has yet to clarify and/or confirm whether it intends to mirror the monthly grant scheme introduced in England.

We will be updating our FREE COVID-19 Guidance for Employers and comprehensive FAQs document in the coming days to help employers understand the key elements of the new JSS to assist them in planning what to do when the furlough scheme comes to an end on 31 October 2020.

In the meantime, if you require any advice or support with introducing short time working via the Job Support Scheme, redundancies or any other employment matter, please contact our team of employment law specialists to get clear and purposeful advice.

Book your FREE Consultation Now or call us on 0800 612 4772 to speak to a specialist today.

Job Support Scheme for Employers Extended

Posted on 11 October 20209 June 2023 by @deliver_els

On Friday 9 October 2020 the Scottish administration ordered the closure of pubs and restaurants across central Scotland and with the UK Government considering similar ‘local’ lockdown restrictions for many parts of England, the Chancellor announced the extension of the new Job Support Scheme (JSS).

Job Support Scheme for Employers Extended

The extension of the JSS is intended to provide temporary support to businesses whose premises have been legally required to close as a direct result of coronavirus restrictions and will see affected businesses receiving grants towards the wages of employees who have been instructed to and cease work. The UK government will now pay two thirds of employees’ usual wages, up to a maximum of £2,100 per month and employers will not be required to contribute towards wages, but will need to cover employer National Insurance and pension contributions.

The announcement of an extension to the JSS comes hot on the heels of the new Scheme being introduced by the Chancellor just two weeks earlier and will undoubtedly be welcomed by many employers, but the end of the CJRS (furlough scheme) will still leave many employers unsure about their future and that of their employees.

We have updated our FREE COVID-19 Guidance for Employers and collated a comprehensive FAQs document to help employers understand the key elements of the new JSS to assist them in planning what to do when the furlough scheme comes to an end on 31 October 2020.

Check out our summary of the new JSS here and to get answers to many of the frequently asked questions about the Job Support Scheme (JSS).

Support for Employers

The COVID-19 lockdown restrictions and various government schemes being introduced by the UK government continue to present numerous and complex challenges for Employers.

If you are an Employer and require advice and support on any employment matters, COVID related or otherwise, call us now on 0800 612 4772 or Contact us via our website and we will set assist you to navigate through the employment law minefield created by the COVID-19 crisis and comply with your legal obligations.

Don’t Let YOUR Business Become a COVID-19 Casualty

Posted on 25 September 20208 June 2023 by @deliver_els

Navigating your business through the COVID-19 crisis comes with a lot of challenges. Complying with the rules of the new Job Support Scheme and relevant employment law doesn’t need to be one of them.

Don’t Let YOUR Business Become a COVID-19 Casualty

The latest government guidance on the new Job Support Scheme makes clear that Employers must agree the new short time working arrangements with their staff, make any changes to the employment contract by agreement, and notify the employee in writing.

It is essential, therefore, that Employers intending to utilise the new Job Support Scheme to introduce short time working comply fully with the relevant employment legislation and rules of the new Scheme to avoid the risk of potential future claims at the Employment Tribunal AND falling foul of HMRC, which could result in costly litigation and grant claims being withheld or being required to be repaid.

Our team of employment law specialists will help Employers to:

understand their options once the current furlough scheme ends and how short time working can be introduced;

draft the appropriate variation/agreement document required to correctly introduce short time working; and

properly notify employees of the proposed short time working arrangements to ensure compliance with the rules of the scheme and the relevant employment laws.

Our team of employment law specialists offer clear and purposeful advice, can provide same day/next day appointments (online or in person) and a quick turnaround.

Book your FREE Consultation Now or call us on 0800 612 4772 to speak to a specialist today.

More Details of the New Job Support Scheme Revealed

Posted on 24 September 20209 June 2023 by @deliver_els

The UK Government appear to be somewhat quicker off the mark with publishing details about the new Jobs Support Scheme announced earlier today by the Chancellor than they were when the CJRS was first introduced. Two Government publications in particular provide further details; the Job Support Scheme Factsheet and the Winter Economy Plan.

We’ve taken a look at the initial publications and have put together a summary of the key points.

More Details of the New Job Support Scheme Revealed

Compliance with Employment Law

One key observation from this initial guidance is that Employers must agree the new short time working arrangements with their staff, make any changes to the employment contract by agreement, and notify the employee in writing. This agreement must be made available to HMRC on request.

It is essential, therefore, that where Employers are looking to utilise the new Job Support Scheme and introduce short time working, the comply fully with the relevant employment legislation when introducing it with their staff so as to avoid the risk of potential claims at the Employment Tribunal AND falling foul of HMRC and having claims withheld or required to be repaid.

Eligibility for the Job Support Scheme

All employers with a UK bank account and UK PAYE schemes can claim the grant, but large businesses will have to meet a financial assessment test to determine whether their turnover is lower now than it was before experiencing difficulties from COVID-19. SMEs are exempt from the financial assessment.

All employees must have been on the employer’s Real Time Information submission on or before 23 September 2020.

How to Claim the Job Support Scheme

The scheme will be open from 1 November 2020 to the end of April 2021. Employers will be able to make a claim online through Gov.uk from December 2020. They will be paid on a monthly basis.

Grants will be payable in arrears meaning that a claim can only be submitted in respect of a given pay period, after payment to the employee has been made and that payment has been reported to HMRC via an RTI return.

What Can Be Claimed Under the Job Support Scheme

For every hour not worked the employer and the government will each pay one third of the employee’s usual pay, and the government contribution will be capped at £697.92 per month.

Employees using the scheme will receive at least 77% of their pay, where the government contribution has not been capped. The employer will be reimbursed in arrears for the government contribution.

The minimum 33% threshold hours for which an employee must work may be increased in months 4-6 of the scheme.

Working patterns can vary, but each short time working arrangement must cover a minimum period of seven days.

The government’s grant will not cover Class 1 employer NIC or pension contributions, although they remain payable by the employer.

Employees cannot be made redundant or put on notice of redundancy during the period within which their employer is claiming the grant for that employee.

HMRC Checks

HMRC will check claims. Payments may be withheld or need to be paid back if a claim is found to be fraudulent or based on incorrect information. Grants can only be used as reimbursement for wage costs actually incurred.

More details of the new Jobs Support Scheme are emerging, as the Government publishes different papers, and we shall continue to review the details as they emerge and provide updates accordingly.

Support for Employers

We can assist Employers with making the necessary changes to the employment contract and ensuring these changes are correctly implemented. Call us now on 0800 612 4772 or Contact us via our website and we will set out clear guidance to assist you to comply with your legal obligations.

COVID-19: New Financial Support Announced Today

Posted on 24 September 20207 June 2023 by @deliver_els

The Chancellor has today announced a further package of financial support measures intended to protect jobs and support businesses.

COVID-19: New Financial Support Announced Today

Outlined below is a summary of the key new measures, but this is not the formal Government statement. Once the details have been revealed we shall provide further information.

New Job Support Scheme Announced by the Chancellor

Below is a summary of the key points announced today by the Chancellor.

The CJRS (Furlough Scheme) will end on 31 October 2020, as planned

A new Jobs Support Scheme will come into effect from 1 November 2020, aimed at retaining “viable” jobs and intended to support wages for people in work and to provide employers with the option to introduce short time working, opposed to making redundancies.

Employees must work at least one-third of their normal hours, which must be paid as normal by their employer, with a further top up of their salary being subsidised by the government. The Chancellor in his announcement stated this top up would equate to two-thirds, but HM Treasury have just tweeted the top up would only be one-third, bringing total salary up to just 77%. We await the official guidance with anticipation!

All SMEs are eligible and so too are larger businesses whose turnover has fallen.

The new Scheme will be open to all business throughout the UK, regardless of whether they have previously used the CJRS (Furlough Scheme and will run form 6 months from November.

Employers participating in the new Jobs Support Scheme will still be able to claim the Jobs Retention Bonus.

The self-employed grant is being extended on similar terms and conditions to the new Jobs Support Scheme.

Cashflow Assistance Also Announced by the Chancellor

In addition to the new Jobs Support Scheme, the Chancellor also announced four further steps intended to provide cashflow assistance for businesses. The key points are:

Business Bounce Back Loans can be extended from uptown 6 to 10 years to reduce the monthly repayment amounts that would have otherwise been due and businesses can seek to defer the start of repayments for up to 6 months beyond the current arrangements.

The government guarantee for Business Interruption Loans will be extended for up to 10 years and the deadline for applying for all loan schemes is being extended to the end of this year.

Businesses that previously utilised the VAT deferral scheme can now spread the repayment of the deferred VAT bills over 11 months.

VAT shall remain at 5% for hospitality and tourism business until the end of March 2021.

At the time of writing this the Chancellor is still answering questions from MPs in the House of Commons, so the full details of the various measures he has announced are not yet available.

Once the formal Press Release, guidance and any draft legislation is released, we shall review it thoroughly and provide further updates / clarity.

Support for Employers

The COVID-19 lockdown restrictions and various government schemes being introduced by the UK government continue to present numerous and complex challenges for Employers.

If you are an Employer and require advice and support on any employment matters, COVID related or otherwise, call us now on 0800 612 4772 or Contact us via our website and we will set out clear guidance to assist you to comply with your legal obligations.

New COVID Lockdown Restrictions Announced: Do Non-Essential Offices Need to Close?

Posted on 22 September 20209 June 2023 by @deliver_els

Today’s announcements from UK Prime Minister Boris Johnson, which was for the most part mirrored by Scotland’s First Minister, outlined a number of new lockdown restrictions for people and businesses throughout England and Scotland.

New COVID Lockdown Restrictions Announced: Do Non-Essential Offices Need to Close?

The new restrictions include pubs, bars and restaurants being restricted to table service only, 10pm curfews for hospitality venues, more rigid rules for wearing face coverings and in Scotland, a nationwide ban on visiting other people’s homes, except for those living alone, or alone with children, who form extended households, couples who do not live together, or to tradespeople or for the provision of informal childcare – such as by grandparents.

What Does Today’s Announcement Mean for Non-Essential Offices?

Today’s announcement has left many Employers with non-essential offices that have only recently reopened and who have just welcomed staff back to work wondering whether they need to again shut their offices, at a time where the CJRS (Furlough Scheme) is imminently due to end and they are only just starting to get back on track.

In Scotland, the guidance from the Scottish Administration, which is, “everyone who can work from home should continue to do so”, has not changed since lockdown restrictions were first introduced.

In England, today’s guidance changed to, “office workers are being told to work from home again if possible.”

Do Non-Essential Offices Now Need to Close?

In short, NO. There is nothing in the legislation and/or guidance that says they cannot remain open and there is no reference to non-essential offices in Schedule 1 of the Regulations explicitly requiring them to close.

Accordingly, the decision to keep non-essential offices open is entirely in the hands of Employers.

What Does the Law Say About Non-Essential Offices?

In Scotland, the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 sets out the legal requirement to close premises and businesses during the emergency period.

Part 1 of these Regulations, states that the ‘emergency period” starts when these Regulations come into force and ends in relation to a restriction or requirement imposed by these Regulations on the day and at the time specified in a direction published by the Scottish Ministers terminating the requirement or restriction.

Part 1 of the Regulations also sets out the requirement for a review and termination of restrictions, namely:

Scottish Ministers must review the need for restrictions and requirements imposed by these Regulations at least once every 21 days.

As soon as the Scottish Ministers consider that any restriction or requirement set out in these Regulations are no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in Scotland with coronavirus, the Scottish Ministers must publish a direction terminating that restriction or requirement.

Part 2 of the Regulations sets out the requirement to close premises and businesses and Schedule 1 (Parts 1, 2 and 3)sets out those premises and business that were/are required to close during lockdown.

Part 3, Regulation 5 sets out the restrictions on movement which, in the early phases of lockdown, meant people could not leave their homes unless they were a key worker, an essential worker or otherwise had a valid reason to under regulation 8(4).

Part 3, Regulation 6 sets out the restrictions on gatherings in public places, which during the emergency period was limited to no more than two people, subject to certain exceptions.

So, following today’s announcements the official guidance for non-essential offices appears unchanged however, what is clear from the legislation is the following:

The restrictions set out in Part 3, regulation 5 and 6 have now been relaxed and there are no longer restrictions on travelling within the UK.

Indoor non-office workplaces can reopen if guidance on physical distancing and other hygiene measures are in place. This includes places like factories, warehouses and labs.

“Non-essential offices” is NOT listed in Schedule 1 of the Regulations.

Considerations for Employers Choosing to Keep Offices Open

Employers choosing to remain open must consider carefully the following questions:

Is what you do essential or material to the effort against the virus or to the wellbeing of society?

Is your business able to open in accordance with the current position in Scotland’s Route Map?

Are you able to demonstrate and give confidence to your workforce that you can consistently practice safe physical distancing and comply with ALL other standard health and safety requirements?

Employers who can answer yes to any of the above questions and who decide to keep their offices open must continue to follow any sector specific guidance and where there is no sector specific guidance, they should ensure that as a minimum they take the following steps:

Continue to assess the risks to yourself, your employees, your suppliers and your customers. If you employ 5 or more employees, this must be recorded in writing and if you employ 50 or more employees, you must publish your risk assessment.

Ensure you have in place all required infection and control measures, which could include:

Cleaning more often. Increasing how often surfaces are cleaned, especially those that are being touched a lot. Asking staff to use hand sanitiser and wash their hands frequently.

Asking customers/visitors to the office to wear face coverings.

Making sure everyone is social distancing. Make it easy for everyone to do so by putting up signs or introducing a one-way system that staff/visitors can follow.

Increasing ventilation by keeping doors and windows open where possible and running ventilation systems at all times.

Turning people with coronavirus symptoms away. If a staff member (or someone in their household) or a customer/visitor to the office has a persistent cough, a high temperature or has lost their sense of taste or smell, they should be isolating.

Employers should be prepared to be flexible given the likelihood that COVID-19 will remain a risk for the foreseeable future and a resurgence in infections may result in them facing further lockdown restrictions. It is important also to remember that staff may have legitimate reasons for not wanting to remain at work, such as:

being or living with a “clinically extremely vulnerable’ or ‘clinically vulnerable’ person.

Having childcare issues if children are sent home from school or nurseries or being unable to rely on normal childcare arrangements.

feeling extremely anxious about the risk posed by COVID-19 and fearful about remaining in the office.

expressing concerns relating to health & safety and what they perceive to be the employer’s failure to follow government guidance and/or implement appropriate measures and controls.

Employers will need to carefully consider feedback from staff, be prepared to be flexible and act reasonably when responding to staff feedback so as to avoid the risk of possible claims at the Employment Tribunal.

Support for Employers

The COVID-19 lockdown restrictions continue to present numerous and complex challenges for Employers.

If you are an Employer and require advice and support on any employment matters, COVID related or otherwise, call us now on 0800 612 4772 or Contact us via our website and we will set out clear guidance to assist you to comply with your legal obligations.