Tag: UK on Lockdown

Impact of Tougher COVID-19 Restrictions for Employers

Posted on by @deliver_els

Following today’s announcements by the UK Government and Scottish Administration, we consider the workplace issues in connection with the increased COVID-19 restrictions, including the impact on non-essential offices.

Exceptions to the New Travel Restrictions in Scotland

What About Non-Essential Offices?

In short, a move to stricter Level 4++ restrictions should NOT impose any new restrictions that prevent non-essential offices from continuing to operate as they have been or prohibit those staff that have been attending work from commuting to work.

The default position from the Scottish administration has always remained that non-essential offices should remain closed and that staff should work from home where possible, but there is nothing in the legislation (original or recent) that requires non-essential offices and/or manufactures to close OR which restricts the movement of people either within or between different tier areas in the same way that Part 3, Regulation 5 of the now revoked Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 set 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.

However, Schedule 5 of the latest legislation, which sets out in detail the Level 4 restrictions lists which types of businesses are required to shut, makes no reference whatsoever to non-essential offices, therefore, provided you have undertaken the appropriate H&S risk assessment and introduced all necessary controls and measures to protect your staff, there is no requirement to shut non-essential offices. 

What Issues Might Employers Face if Level 4 Restrictions Are Imposed?

Many of the issues facing employers as they stare down the barrel of further lockdown restrictions will be similar to those they faced when the impact of the COVID-19 pandemic started to impact on peoples’ lives and work back in March this year.

The immediate issue for employers of business workplaces that are not being specifically required to close is whether they should close voluntarily, in full or in part.  The fact that the Furlough scheme has been extended to the end of March 2021 means this is a viable option and one that would enable them to retain staff for however long the stricter lockdown restrictions remain in place.

We set out the key features of the extended furlough scheme here:  The Extended CJRS (furlough scheme)

However, if closing the workplace isn’t an option, other issues employers may face include the following:

  • Staff either being or living with a “clinically extremely vulnerable’ or ‘clinically vulnerable’ person.
  • Childcare issues and staff claiming they can’t return to work because schools are closed.
  • Staff simply being extremely anxious about the risk posed by COVID-19 and frightened of a return to the office.
  • Staff expressing concerns relating to health & safety and what they perceive to be the employer’s failure to follow government guidance.

The appropriate approach employers should take will depend on the specific reasons set out by each employee, but employers will need to proceed with caution to avoid the risk of possible claims at the Employment Tribunal.

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England Introduces Tougher National Lockdown Restrictions

Posted on by @deliver_els

This evening Prime Minister Boris Johnson addressed the nation to confirm tougher lockdown restrictions will be introduced across England with effect from midnight 4 January 2021, suggesting England could “steadily” move out of the national lockdown from mid-February.

UK COVID-19 Lockdown Extended

Tougher Lockdown Restrictions in England

Most areas of England are already subject to strict tier 4 restrictions but despite this, COVID infections have continued to rise at an alarming rate with 58,784 new cases of the virus having been recorded today (Monday 4 January 2021).

The Prime Minister’s announcement this evening follows a similar announcement by Scotland’s First Minister, during which she confirmed tougher lockdown restrictions being introduced across Scotland from midnight on 4 January 2021.

Key Changes to Lockdown Restrictions in England

  • Whereas local restrictions applied in England previously, these new, tougher restrictions will apply nationally across the whole of England.
  • It will now be a legal requirement to stay at home and not leave home except for essential purposes, such as shopping for basic necessities (as infrequently as possible), to undertake exercise alone or with members of your household only for a medical need to provide care or help a vulnerable person, or to travel to and from work, only if absolutely necessary and only if you are unable to work from home.
  • Clinically extremely vulnerable people should begin shielding again and those not able to work from home should not go into work at all.
  • Primary and secondary Schools will be closed to the majority of pupils from 5 January 2021, except for vulnerable children and those of key workers, and will move to remote learning only.  Exams have been cancelled.

In making his announcement, the Prime Minister confirmed that the whole of the UK must now move to COVID Alert Level 5 “meaning that if action is not taken, NHS capacity may be overwhelmed within 21 days”.

Citizens across the United Kingdom are again being told to: 

“Stay at home. Protect the NHS. Save Lives.”

Impact of New Restrictions for Employers

Following today’s announcements, we consider some of the issues Employers might face due to tougher lockdown restrictions and what the new tougher restrictions might mean to Employers. 

We also set out the key features of the extended furlough scheme here:  The Extended CJRS (furlough scheme)

What About Restrictions Wales and Northern Ireland?

Wales imposed level 4 restrictions on 20 December 2020 and Scotland and Northern Ireland imposed tier 4 lockdown restrictions from midnight on 26 December 2020, but despite these restrictions COVID infections have continued to rise at an alarming rate with 54,990 new cases of the virus having been recorded on Sunday 3 January 2021. With the rest of the UK now subjected to even tougher lockdown restrictions similar to those introduced on 23 March 2020, it looks very likely that Wales and Northern Ireland will also introduce further restrictions and the respective administrations are meeting this evening to discuss the ongoing situation to decide what steps they will take.

From Darkness to Light – The Roll Out of the COVID-19 Vaccine

The newly approved coronavirus vaccine created by Oxford University and AstraZeneca is being rolled out across the UK today and the Prime Minister said that “if things go well”, the government expects to have offered a first vaccine dose to everyone in the four top priority groups in England by mid-February.  This includes vaccinating all residents in a care home for older adults and their carers, everyone over the age of 70 and all frontline health and social care workers.  The Scottish government has said it is “on track” to vaccinate everyone eligible in the first wave by spring 2021.

Support from Employment Law Services (ELS)

Advice & Guidance for Employers & Employees

The COVID-19 lockdown restrictions continue to present numerous and complex challenges for Employers and Employees alike. If you are experiencing challenges and require specialists advice, book a free consultation with our team of employment law specialists.

Book Now

Scotland Introduce Even Tougher Lockdown Restrictions

Posted on by @deliver_els

In a statement to the Scottish Parliament, the Scottish First Minister has announced that effective from midnight 4 January 2021, Scotland will be subjected to even tougher lockdown restrictions.

Emerging from Lockdown – Guidance for UK Employers

As the number of confirmed COVID-19 cases rises to record levels, fuelled mainly by a new more transmissible variant of the virus, even tougher lockdown restrictions in the rest of the UK look imminent and further announcements are expected.

Tougher Lockdown Restrictions in Scotland

As the number of confirmed COVID-19 cases rises to record levels, fuelled mainly by a new more transmissible variant of the virus, the Scottish administration has conceded that NHS Scotland services are struggling to cope and noted that if infection numbers continue to increase at current levels, there is a real risk the NHS will be overwhelmed, even with the existing contingencies and current level 4 restrictions, and this is why these tougher restrictions are necessary.

These new, tougher restrictions will remain in place until at least the end of January but may be extended if necessary.

Key Changes to Lockdown Restrictions in Scotland

In summary, these key changes will apply to those parts of Scotland currently in tier 4 restrictions (mainland Scotland) and those that will most adversely impact Employers in Scotland are as follows:

  • It will now be a legal requirement to stay at home and not leave home except for essential purposes, such as essential shopping, exercise or travelling to work where it is not possible to work from home.
  • The default position is that those who can work from home must do so, and nobody should travel to work unless it is not possible to work from home.
  • Strict travel restrictions will remain in place and travel between local authority areas remains unlawful, except where travel is for essential purposes.
  • Anyone previously required to shield and not able to work from home should not go into work at all. The chief medical officer will write to those concerned.
  • Schools will remain closed to the majority of pupils until 1 February and this will apply to all pupils – except vulnerable children, and children of key workers. It includes nursery schools, as well as primary and secondary schools.  This decision which will be reviewed in mid-January.

Impact of New Restrictions for Employers

Following today’s announcements, we consider some of the issues Employers might face due to tougher lockdown restrictions and what the new tougher restrictions might mean to Employers. 

We also set out the key features of the extended furlough scheme here:  The Extended CJRS (furlough scheme)

What About Restrictions in England, Wales and Northern Ireland?

Most areas of England are now subject to tier 4 restrictions, Wales imposed level 4 restrictions on 20 December 2020 and Northern Ireland imposed tier 4 lockdown restrictions from midnight on 26 December 2020, but despite these restrictions COVID infections have continued to rise at an alarming rate with 54,990 new cases of the virus having been recorded on Sunday 3 January 2021.

Support from Employment Law Services (ELS)

Advice & Guidance for Employers & Employees

The COVID-19 lockdown restrictions continue to present numerous and complex challenges for Employers and Employees alike. If you are experiencing challenges and require specialists advice, book a free consultation with our team of employment law specialists.

Book Now

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

Posted on 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.

UK COVID-19 Lockdown Extended

Posted on by @deliver_els

At the daily No 10 briefing, Foreign Secretary Dominic Raab confirmed that Lockdown restrictions in the UK will continue for “at least” another three weeks

UK COVID-19 Lockdown Extended

Mr Raab went on to say a review had concluded relaxing the measures would risk harming public health and the economy.

The extension of the UK lockdown will have both immediate and longer-term implications for UK Employers, many of which have effectively been shut down since the lockdown was first introduced on 23 March, but also for many who were perhaps holding off furloughing employees in the hope the restrictions would be relaxed sooner.

Today’s announcement comes on the back of yesterday’s update to HMRC’s guidance on the Coronavirus Job Retention Scheme, in which it was confirmed that the qualifying date, when the employee has to have been on the employer’s payroll, has changed from 28 February to 19 March 2020. This brings into scope a large number of people who fell outside the scheme because they had recently changed jobs.  The 19 March date is just before the Chancellor announced details of the scheme, meaning it is still effective to prevent fraudulent claims (by businesses hiring ghost employees to claim furlough payments in respect of, as those ghost employees will not have been on PAYE on 19 March).

We have updated our Coronavirus Job Retention Scheme FAQs

HMRC have also published further details of how and when Employers can access the CJRS Online Portal.

UK COVID-19 Lockdown Extended

The online claim service will be launched on GOV.UK on 20‌‌ April 2020 and the only way to make a claim is online – the service should be simple to use and any support you need will be available on GOV.UK; this will include help with calculating the amount you can claim.

HMRC have confirmed that Employers can make the claim themselves, even if they usually use an agent, and that claims will be paid within 6 working days.

Information Employers will need before they make a claim

  • The bank account number and sort code you’d like us to use when we pay your claim.
  • The name and phone number of the person in your business for us to call with any questions.
  • Your Self-Assessment UTR (Unique Tax Reference), Company UTR or CRN (Company Registration Number).
  • The name, employee number and National Insurance number for each of your furloughed employees.
  • The total amount being claimed for all employees and the total furlough period.

In addition, Employers will need to have the following before 20‌‌ April 2020:

  • A Government Gateway (GG) ID and password – if you don’t already have a GG account, you can apply for one online, or by going to GOV.UK and searching for ‘HMRC services: sign in or register’.
  • Be enrolled for PAYE online – if you aren’t registered yet, you can do so now, or by going to GOV.UK and searching for ‘PAYE Online for employers’.
  • The following information for each furloughed employee you will be claiming for:

    * Name
    * National Insurance Number
    * Claim period and claim amount
    * PAYE/employee number (optional)
  • If you have fewer than 100 furloughed staff – you will need to input information directly into the system for each employee
  • If you have 100 or more furloughed staff – you will need to upload a file with information for each employee; we will accept the following file types: .xls .xlsx .csv .ods.

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. 

Coronavirus Latest | UK Now in Major Lockdown

Posted on by @deliver_els

Unprecedented restrictions and a national lockdown across the United Kingdom to combat the rapid spread of COVID-19 (Coronavirus)

Coronavirus Latest | UK Now in Major Lockdown
Prime Minister Boris Johnson addresses the Nation

In his address to the Nation this evening, Prime Minister Boris Johnson urged UK Citizens to “Stay at Home, Protect our NHS and Save Lives”

From tonight, you can only leave your house for:

  • Shopping for basic necessities (as infrequently as possible)
  • One form of exercise per day, alone or with members of your household only.
  • A medical need to provide care or help a vulnerable person.
  • Travelling to and from work, only if absolutely necessary and only if you are unable to work from home.

These immediate restrictions include:

  • Closing all shops selling non-essential goods, including clothing and electronic stores, libraries, parks, places of worship.
  • Banning all social events, except funerals

The Prime Minister confirmed that Police will have powers to enforce the new restrictions including the powers to disperse gatherings and issue fines.

What Do Coronavirus Restrictions Mean for Employers

This evening’s announcement fell short of mandating all non-essential businesses to close and by saying ” Travelling to and from work, only if absolutely necessary and only if you are unable to work from home” caused more confusion and anxiety for Employers and employees alike.

Whilst no clear definition of what constitutes an “essential” business was given by the PM during this evening’s announcement, we can look to the government definition of ‘Key Workers” for some guidance.

The government defines Key Workers as:

  • Health and social care
    • This includes but is not limited to doctors, nurses, midwives, paramedics, social workers, care workers, and other frontline health and social care staff including volunteers; the support and specialist staff required to maintain the UK’s health and social care sector; those working as part of the health and social care supply chain, including producers and distributers of medicines and medical and personal protective equipment.
  • Education and childcare
    • This includes childcare, support and teaching staff, social workers and those specialist education professionals who must remain active during the COVID-19 response to deliver this approach.
  • Key public services
    • This includes those essential to the running of the justice system, religious staff, charities and workers delivering key frontline services, those responsible for the management of the deceased, and journalists and broadcasters who are providing public service broadcasting.
  • Local and national government
    • This only includes those administrative occupations essential to the effective delivery of the COVID-19 response, or delivering essential public services, such as the payment of benefits, including in government agencies and arms length bodies.
  • Food and other necessary goods
    • This includes those involved in food production, processing, distribution, sale and delivery, as well as those essential to the provision of other key goods (for example hygienic and veterinary medicines).
  • Public safety and national security
    • This includes police and support staff, Ministry of Defence civilians, contractor and armed forces personnel (those critical to the delivery of key defence and national security outputs and essential to the response to the COVID-19 pandemic), fire and rescue service employees (including support staff), National Crime Agency staff, those maintaining border security, prison and probation staff and other national security roles, including those overseas.
  • Transport
    • This includes those who will keep the air, water, road and rail passenger and freight transport modes operating during the COVID-19 response, including those working on transport systems through which supply chains pass.
  • Utilities, communication and financial services
    • This includes staff needed for essential financial services provision (including but not limited to workers in banks, building societies and financial market infrastructure), the oil, gas, electricity and water sectors (including sewerage), information technology and data infrastructure sector and primary industry supplies to continue during the COVID-19 response, as well as key staff working in the civil nuclear, chemicals, telecommunications (including but not limited to network operations, field engineering, call centre staff, IT and data infrastructure, 999 and 111 critical services), postal services and delivery, payments providers and waste disposal sectors.

If your business doesn’t fall under one of the key worker definitions noted above it’s likely it would be defined as “non-essential” and may need to close. We await further clarity from the UK government on this specific point.

In the meantime, many Employers have already introduced their own measures in response to the Coronavirus outbreak, having introduced home working where possible, but for many other Employers who aren’t providing essential services, these more stringent restrictions may require them to temporarily layoff staff who cannot be redeployed to work from home.

So What Next For Employers?

We have already shared a variety of articles and resources to assist Employers to navigate through the Coronavirus crisis up to this point, but in light of these latest restrictions we can provide specific advice and support to Employers now facing temporary closure to ensure they implement staff layoffs correctly and understand how the Coronavirus Staff Retention Fund can be accessed. Call us on 0800 612 4772 or Contact Us via our website.

Additional Information and Resources for Employers

https://employmentlawservices.com/coronavirus-support-for-employers/
https://employmentlawservices.com/how-employers-can-access-the-coronavirus-job-retention-scheme/

Government Guidance

The COVID-19 pandemic is continually changing and the government advice for employers is being updated as the situation develops. Employers should keep track of the guidance for employers from the following sources:

For information on the circumstances in which individuals should self-isolate see the following sources:

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