Coronavirus | Implications for Employers Archives | Employment Law Services (ELS) LTD

Mandatory Vaccines & Vaccine Passports: A Winter of COVID Discontent?

Posted on 15 September 20219 June 2023 by @deliver_els

Covid-19 has created many challenges but one of the most contentious is the introduction of mandatory vaccines for Care Workers in England and vaccine passports in Scotland.

Scientists have told us that the COVD-19 vaccine is very effective at preventing serious ill health and hospitalisation but that it does not prevent somebody from contracting COVID or transmitting it. Why then has there been a push to introduce compulsory vaccinations and vaccine passports and what is the current position across the UK?

The Current Position on Mandatory Vaccines & Vaccine Passports

In England

On 22 July 2021 the UK Government passed new regulations which will amend the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (SI 2014/2936) to require workers deployed in Care Quality Commission (CQC) regulated care homes in England to be fully vaccinated unless they are exempt from 11 November 2021 and the UK Government intends to consult on whether to extend the requirement to workers in the health and social care sectors.

Apart from the new regulations requiring workers in Care Quality Commission (CQC) regulated care homes in England to be fully vaccinated, there is currently no legislative power for the UK government to mandate COVID-19 vaccination across the board and to do so would require further primary legislation.

On 13 September 2021 Health Secretary Sajid Javid confirmed that plans to introduce vaccine passports for access to nightclubs and large events in England will not go ahead.

In Scotland

On 9 September 2021 and with support from the Scottish Greens, the devolved SNP Administration in Scotland approved plans for vaccine passports for those seeking entry to nightclubs and large-scale events from 1 October 2021.

In Wales and Northern Ireland

At this time, the devolved administrations of Wales and Northern Ireland have not set out their positions in respect mandatory vaccines and/or vaccine passports.

Implications of Making COVID-19 Vaccines Compulsory

In its 2019-20 report on seasonal influenza vaccines, Public Health England’s reported that one in four healthcare workers did not get a flu vaccine and there are early indications that roughly the same proportion of people are wary of having COVID-19 jabs, a view that appears to be reflected in a recent YouGov poll which indicated that out of a total of 5,351 adults surveyed, a majority (44%) oppose compulsory vaccination compared with a minority (33%) that support it.

Despite public opinion and the fact there is currently no legislative power to mandate COVID-19 vaccination across the board in Scotland, Wales, Northern Ireland and in England (for Employers outside the care sector), many Employers across the UK are still considering making COVID-19 vaccines compulsory for those entering the workplace. However, those that choose to impose such a requirement may be exposing themselves to several issues, including:

Mandatory vaccination could be indirectly discriminatory against certain protected characteristics and a breach of Article 8 of the European Convention on Human Rights.

Vaccination is not suitable for everyone.

A vaccination requirement may be difficult to justify on health and safety grounds because the current advice is that vaccination is not a substitute for workplace COVID-secure measures which must still be complied with.

Consultation with workplace and health and safety representatives, and with trade unions, is likely to be required.

Data protection implications inclusive of requiring employees to provide information on their vaccination status, verifying its accuracy, and retaining that data.

Notwithstanding the potential legal challenges Employers might face by making COVID-19 vaccines compulsory for those entering the workplace, Employers could face division among their workers and an exodus that could leave them short staffed and unable to fill vacancies.

Vaccine hesitancy exists for many reasons. Some people can’t have the vaccine for medical reasons and will likely fall under one of the exemptions, but others may be hesitant or refuse on religious or spiritual grounds or due to a fear of vaccinations generally. Employers considering making COVID-19 vaccines compulsory for those entering the workplace should consider ALL the facts very carefully before pressing ahead.

Acas advises that employers should support staff in getting the vaccine without making it a requirement, and encourage them to do so by, for example, offering paid time off to attend vaccination appointments.

Implications of Mandatory Vaccine Passports

Although the devolved Scottish Administration are alone in introducing vaccine passports for those seeking entry to nightclubs and large-scale events, the UK Government and devolved Administrations of Wales and Northern Ireland haven’t ruled this out, so similar issues to those associated with compulsory vaccines may arise not only Scotland but across the UK.

Some might argue that vaccine passports are an iron fist in a velvet glove approach to imposing mandatory vaccines by stealth and others might argue that such a scheme denies people the freedom of choice by limiting what they can do and where they can go without a vaccine passport but whatever way you look at it, the imposition of vaccine passports will potentially give rise to the same issues mandatory vaccines creates. Other issues which vaccine passports may give rise to include:

Will staff working at nightclubs and/or venues hosting large-scale events be required to have a vaccine passport? If they aren’t vaccinated, will they be denied work?
If they are denied work, who will pay them?

If the employer denies them work and/or pay won’t that be a breach of their contract of employment giving rise to claims for breach of contract, unfair dismissal and/or discrimination?

If ticket holders at large-scale events are denied access because they don’t have a vaccine passport, will they simply lose out or will they be entitled to a refund?

Who will pay the refund, the venue or the government? If it’s the venue, will it be entitled to compensation?

Are vaccine passports and requiring individuals to provide information on their vaccination status to stewards at nightclubs and large-scale events indirectly discriminatory against certain protected characteristics and a breach of Article 8 of the European Convention on Human Rights?

Avoiding a Winter of COVID Discontent

Forcing people to do something, either directly or indirectly, will almost always invoke strong feelings and will often also involve competing rights. For example, an individual’s right to choose verses another individual’s right to be safe in the workplace and the community.

However, when it comes to compulsory vaccines for those entering the workplace and mandatory vaccine passports for those wishing to enter nightclubs and/or large-scale events, whose rights should prevail?

Across the UK uptake of the COVID-19 vaccine has been high with 89% of the over 16’s having had the first does and 80% over 16’s having had the second dose. With booster doses becoming available to the over 50s and for those in the 12 to 15 age bracket as early as next week, we will likely see a sharp increase in voluntary vaccinations across the UK in the weeks ahead that will take us to a vaccination level high enough to keep everyone safe but without the need to push compulsory vaccination and vaccine passports further.

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.

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.

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.

CJRS: Claiming for Employees Serving Their Notice

Posted on 9 July 20207 June 2023 by @deliver_els

Although the CJRS has now been extended to 31 October 2020, the government has made it clear that it will expect employers to make a financial contribution towards furloughed employees’ furlough pay from 1 August 2020. Furloughing employees beyond that date will therefore come at a cost to employers and many are considering whether they can afford to retain all employees going forward.

CJRS: Claiming for Employees Serving Their Notice

There may therefore still be fair reasons for employers to make furloughed employees redundant despite the extension of the scheme but the latest (third) Treasury direction appears to introduce a new requirement which is arguably designed to prevent the use of CJRS funds.

Can an employer make employees on furlough redundant?

We have confirmed in previous bulletins that the Employees’ CJRS guidance states that an employee can be made redundant while on furlough or afterwards, and that an employee’s redundancy rights will not be affected by being furloughed. However, an employer cannot claim reimbursement of redundancy payments under the scheme (Employers’ CJRS guidance).

The position in respect making furloughed employees redundant and not being able to claim reimbursement of redundancy payments under the scheme has not change, but the latest (third) Treasury direction appears to introduce a new requirement which is arguably designed to prevent the use of CJRS funds to pay employees working under notice.

Claiming through the CJRS for redundant employees

Although the guidance seems to confirm that a furloughed employee may be made redundant, there has been criticism of employers that have taken this approach. The aviation minister, Kelly Tolhurst, suggested in response to British Airway’s decision to dismiss employees on furlough that the Treasury should review the CJRS to ensure that it is not used to pay the wages of employees on redundancy notice (although the criticism may have been based on the fact that it appears that the dismissals were with a view to offering new roles with inferior terms).

On 29 June 2020 the Secretary of State for Work and Pensions expressed similar concern about the use of CJRS funds as a means of paying wages without an intention to keep the relevant employees employed.

The third Treasury direction appears to introduce a new requirement which is arguably designed to prevent the use of CJRS funds in this type of situation. Paragraph 2.2 states that a claim should only be made where the payment will be used to continue employment. This suggests that it would be contrary to the purpose of the scheme to use the funds where employment has been terminated and the employee is working under notice.

The schedule to the third Treasury direction states that the previous Treasury directions continue to have effect subject to the modifications in the schedule. It appears that the Third treasury direction is intended to have retrospective effect, although this is not entirely clear.

Employers may take some comfort from the comments of the Financial Secretary to the Treasury on 8 July in response to a question in Parliament on this issue. He responded that employers are permitted to continue to claim under the scheme for a furloughed employee where they are serving their notice period. However, this is not reflected by the wording of the third Treasury direction and has not been expressed in writing by HMRC or the government.

Whereas previously and based on the earlier iterations of the Treasury direction, we would have been comfortable advising Employers that they could continue to claim under the scheme for a furloughed employee where they are serving their notice, we would now, in light of the latest (third) Treasury direction, recommend that Employers intending to use CJRS funds to pay employees working under notice should contact HMRC for guidance and would advise against doing so unless or until they receive confirmation from HMRC that they can.

Support for Employers

The COVID-19 pandemic and associated furlough scheme continues to present numerous and complex challenges for Employers.

If you are an Employer and require advice and support on extending full furlough, introducing flexible furlough, or are contemplating a restructure/reorganisation and/or redundancies as a result of the ongoing COVID 19 restrictions, call us now on 0800 612 4772 or Contact us via our website and we will set out clear options for you to help ensure you comply with your legal obligations.

Chancellor announces more details about extension to the Furlough Scheme

Posted on 30 May 20207 June 2023 by @deliver_els

Yesterday (29‌‌ May) the Chancellor announced more details about the extension to the Coronavirus Job Retention Scheme (CJRS), the key details being as follows:

Chancellor announces more details about extension to the Furlough Scheme

Flexible furloughing

From 1‌‌ July 2020, Employers have the flexibility to bring previously furloughed employees back to work part-time – with the government continuing to pay 80% of wages for any of their normal hours they do not work up until the end of August. This flexibility comes a month earlier than previously announced to help people get back to work.

Employers can decide the hours and shift patterns that your employees will work on their return and will be responsible for paying their wages in full while working. This means that employees can work as much or as little as your business needs, with no minimum time that Employers can furlough staff for.

Any working hours arrangement that Employees agree with their employee must cover at least one week and be confirmed to the employee in writing. When claiming the CJRS grant for furloughed hours, Employers will need to report and claim for a minimum period of a week. They can choose to make claims for longer periods such as on monthly or two weekly cycles if they prefer. Employers will be required to submit data on the usual hours an employee would be expected to work in a claim period and actual hours worked.

If your employees are unable to return to work, or you do not have work for them to do, they can remain on furlough and you can continue to claim the grant for their full hours under the existing rules.

Employer contributions

From August, the government grant provided through the job retention scheme will be slowly tapered.

in June and July, the government will pay 80% of wages up to a cap of £2,500 as well as employer National Insurance (ER NICs) and pension contributions for the hours the employee doesn’t work – employers will have to pay employees for the hours they work.

in August, the government will continue to pay 80% of wages up to a cap of £2,500 but employers will pay ER NICs and pension contributions – for the average claim, this represents 5% of the gross employment costs that they would have incurred if the employee had not been furloughed.

in September, the government will pay 70% of wages up to a cap of £2,187.50 for the hours the employee does not work – employers will pay ER NICs, pension contributions and 10% of wages to make up 80% of the total up to a cap of £2,500.

in October, the government will pay 60% of wages up to a cap of £1,875 for the hours the employee does not work – employers will pay ER NICs, pension contributions and 20% of wages to make up 80% of the total up to a cap of £2,500.

the cap on the furlough grant will be proportional to the hours not worked.

If you are a smaller employer, some or all of your employer NIC bills will be covered by the Employment Allowance, so you should not be significantly impacted by that part of the tapering of the government contribution.

Self-Employed Grant Scheme Extended

In addition, the Chancellor also announced the self-employed grant is being extended, with applications opening in August for a second and final grant. There will be parity with the reducing furlough scheme, paying 70% (not 80%) of average earnings up to £6,750/

Important dates for Employers

It’s important to note that the scheme will close to new entrants from 30‌‌ June. From this point onwards, Employers will only be able to furlough employees that they have furloughed for a full three-week period prior to 30‌‌ June.

This means that the final date that Employers can furlough an employee for the first time will be 10‌‌ June for the current three-week furlough period to be completed by 30‌‌ June. Employers will have until 31‌‌ July to make any claims in respect of the period to 30‌‌ June.

At the date of this announcement we are still awaiting updates to the Treasury Direction and the Employer’s Guidance and therefore this information provided by the Chancellor in his press conference should be taken with a degree of caution until the full details are published, but these headline points announced should enable Employers to start planning for the coming weeks and months.

Ending Furlough

With this additional clarity form the UK government and lockdown restrictions easing across the UK, many employers will want to start planning what a return to work from furlough might look like. To assist Employers, we have added a new section to our COVID-19 Furlough FAQs – RETURNING TO WORK FROM FURLOUGH and further guidance on our blog.

https://employmentlawservices.com/ending-furlough-what-employers-need-to-know/

Support for Employers

If you are an Employer and require advice and support on the various steps you need to take to end furlough correctly, call us now on 0800 612 4772 or Contact us via our website and we will set out a clear, step by step plan you can follow to to help ensure you comply with your legal obligations.

Ending Furlough | What Employers Need to Know

Posted on 21 May 20208 June 2023 by @deliver_els

With lockdown measures already relaxed in England, Wales and Northern Ireland, and Scotland due to announce its plan to come out of lockdown on Thursday 21 May 2020, many Employers are starting to plan for ending furlough, but what steps do Employers need to take?

What Employers Need to Know

Before ending furlough Employers will first need to undertake a risk assessment to ascertain what changes in work practices might be necessary to comply with new health and safety requirements. Where changes to work practices are necessary to comply with health and safety requirements, Employers will need to consult with the affected employees.

Employees not in groups represented by a trade union must be provided with information and consulted under the Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513) (Consultation with Employees Regulations), either through elected representatives or directly.

With the furlough scheme being extended to the end of October 2020, Employers now have more time to assess their staffing requirements and determine when they may wish to end furlough and how this might look operationally. Ending furlough will look different for each employer; some will expect employees to return to their place of work when furlough ends whereas others may introduce home working initially and adopt a phased approach for employees returning to the workplace.

Whether the employer can dictate the end of furlough will depend on what has been explicitly or implicitly agreed between the parties. However, the absence of an explicit right to bring furlough to an end and require employees to return to work is unlikely to be an issue in most cases because employees are likely to be in receipt of less pay while they are furloughed and may be eager to return to work given the difficulties in securing alternative employment while the COVID-19 crisis continues.

An employer should give any required period of notice specified in the furlough agreement. If no period of notice was specified, the employer should aim to give reasonable notice, depending on the particular circumstances of both the employer and the employee.

The Acas guidance states that there is no minimum period for furlough, but employers should talk to staff about any plans to end furlough as early as possible and encourage staff to raise any concerns or problems about returning to work. Employees and workers should be ready to return to work at short notice, but employers should be flexible where possible.

Support for Employers

Coronavirus Statutory Sick Pay Scheme

Posted on 19 May 20207 June 2023 by @deliver_els

The coronavirus Statutory Sick Pay Scheme launches online on 26 May 2020, which will enable employers with less than 250 employees, or tax agents acting on behalf of employers, to claim back coronavirus-related Statutory Sick Pay.

Employers are eligible to use the scheme if:

they’re claiming for an employee who’s eligible for sick pay due to coronavirus
they had a PAYE payroll scheme in operation before 28 February 2020
they had fewer than 250 employees across all PAYE schemes on 28 February 2020
they’re eligible to receive State Aid under the EU Commission Temporary Framework.

The repayment will cover up to two weeks of the applicable rate of SSP, and is payable if a current or former employee was unable to work on or after 13 March 2020 and entitled to SSP, because they either:

have coronavirus
are self-isolating and unable to work from home
are shielding because they’ve been advised that they’re at high risk of severe illness from coronavirus.

For more information about eligibility and how employers can prepare to use the scheme, Employers can visit GOV.UK and search ‘Check if you can claim back Statutory Sick Pay paid to employees due to coronavirus (COVID-19)‘.

Support for Employers

If you are an employer and require advice and support on any employment related matter, COVID-19 or otherwise, call us now on 0800 612 4772 or Contact us via our website.

Latest Update on Furlough Scheme

Posted on 4 April 20209 June 2023 by @deliver_els

Overnight the government has published further details of the Furlough Scheme in what we presume is an attempt to address the increasing number of queries the previously published guidance left unanswered.

On Thursday 26 March 2020 we broke the news that the government would be publishing further details on the Coronavirus Job Retention Scheme, aka the Furlough Scheme, which they duly did on Friday 27 March 2020.

This latest update does go some way to providing much more clarity for Employers, but many areas remain unclear: What do ‘statutory duties’ actually cover for company directors? Are employees who TUPE into a business after 28 February covered? Can employees take annual leave when on furlough, and what should they be paid?

We hope there is further clarity provided in the coming days but in the meantime, here are the latest updates provided overnight:

CLARIFIED: employees can start a new job when on furlough (meaning they might end up earning 80% of the old salary and 100% of a new one). This was not prohibited in the earlier guidance, but the new guidance expressly allows it. The guidance does say it has to be allowed under the old employment contract, but presumably the old employer can waive that.
CLARIFIED: an employer can reclaim 80% of compulsory (presumably meaning contractual) commission back from HMRC, as well as basic salary. This is good news for car salesmen and estate agents. But it can only be referring to the commission from past sales as the furloughed employees cannot be completing new sales when on furlough.
CHANGED: employers can reclaim 80% of fees (whatever that means) from HMRC. The previous guidance said they could not.
CLARIFIED: the 80% does not include non-monetary benefits (eg the value of health insurance or a car).
CLARIFIED (although we all knew this anyway): Company directors can be furloughed. They can still perform their statutory duties, but not other work for the company.
CONFIRMED: Employees can be furloughed multiple times, ie they can be furloughed, brought back to work, then re-furloughed (subject to each furlough period being at least three weeks)
NEW: Employers must notify employees of their furlough status in writing (the previous guidance did not require it be in writing) and keep the record of that written notification for five years.

The HMRC Portal is still not live but is expected to be available to Employers by the end of April. Full details here: Coronavirus Job Retention Scheme.

Once we have more information, we’ll update our website so bookmark our site and keep checking for updates.

Support for Employers

If you are an employer affected by any of the issues being created by the outbreak of Coronavirus and require further assistance and support, call us now on 0800 612 4772 or Contact us via our website.

Online Isolation Notes for Coronavirus Launched

Posted on 20 March 202012 June 2023 by @deliver_els

The UK government have today launched a new online isolation note service to enable people with symptoms of coronavirus or those living with someone who has symptoms, and so cannot work, to provide their employers with evidence they have been advised to self-isolate.

Online Isolation Notes for Coronavirus Launched

The government says the notes can be accessed through the NHS website and NHS 111 online and we can confirm that the service is now live and working.

According to Matt Hancock, the Health & Social Care Secretary, if an employee does not have an email address, they can have the note sent to a trusted family member or friend, or directly to their employer. The service can also be used to generate an isolation note on behalf of someone else.