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Samuel Phillips Law Blog

Month: April 2020


Preparing for the new normal – Furlough, Collective Consultation and Redundancy

The Government’s job retention scheme is due to end on 30 June 2020. Employees can be subject to notice whilst on furlough.  In previous postings I have indicated they are probably entitled to full pay, albeit there is a counter argument, with the employer recouping furlough monies from HMRC.


Settlement Agreements, Notice and the impact of Furlough

Settlement Agreements are the only way by which a potential claim to an Employment Tribunal can be lawfully compromised. For such an Agreement to be enforceable, it must be in writing, specify the particular complaints to which it relates and the employee must have the benefit of independent advice from an adviser who has the benefit of professional insurance, or in the case of an accredited trade union representative is certified by the trade union as being qualified to give advice.


Settlement Agreement and the Impact of Notice Payments whilst on Furlough Leave

Settlement Agreements (formerly known as Compromise Agreements) are the only means by which to compromise potential Employment Tribunal claims where proceedings have not been issued. Settlement Agreements are creatures of statute and the Employment Rights Act 1996 (ERA 1996) states that in order for a Settlement Agreement to be enforceable there must be a written agreement, which refers to the claim, identifies the parties and the employee must take independent legal advice on the agreement from someone who holds a policy of insurance to give such advice (e.g. a solicitor).


Leaving employment by agreement – protected conversations

There are many ways in which an individual can leave his or her employment.  Often this involves complex legal procedures which can easily go wrong.  The easiest and most dignified manner in which an individual can leave, is by consent. This involves protected conversations under Section 111A ERA 1996.


Office Health & Safety Issues after Lockdown

Things will never be the same... that’s the conclusion people are coming to during this enforced period of lockdown. It’s important therefore to assess the impact of new technology and new ways of working when considering the future after lockdown. What will the office structure of the future look like? What will be the new "normal"?


Webinar: Furlough for Employers with Robert Gibson, Senior Partner

In this Webinar, NE1 welcomes Robert Gibson, Senior Partner at Samuel Phillips to discuss the legal implications of the Furlough Scheme from an employer's perspective alongside highlighting common pitfalls and how to avoid them.


Health and Safety and Business Re-starts after COVID 19

In today’s vlog, Robert Gibson turns our attention, not just to his relaxation of formal wear (!), but to what businesses need to do to prepare when lockdown is eventually lifted by the government. There is much speculation as to when restrictions are likely to be lifted and when they are lifted, how that will take place. Now that businesses have got over the shock of furloughing their staff and the new "normal" routine is actually starting to feel normal, what better time to take stock, plan and prepare the re-starting of your business?


There is only one F in Furlough

A day will come when we will not speak of Furlough.  Sadly that day is not today. There was a Treasury Direction to HMRC on 15 April followed by yet another update to Government Guidance on the Job Retention Scheme on 17 April. 


Treasury Direction to HMRC regarding the Coronavirus Job Retention Scheme

Yesterday (15th April 2020) the Treasury issued a Direction to HMRC regarding operation of the Coronavirus Job Retention Scheme (CJRS) under the auspices of the Coronavirus Act 2020. The Direction (perhaps) gives us the final guidance on how the scheme will operate and any changes are likely to be minimal (we hope).


Furlough, Risks, Pitfalls and Sanctions

In today’s vlog, Robert Gibson talks about enforcement in the context of the Coronavirus Job Retention Scheme.

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