Archives

New “week’s pay” regulations get an A for aspiration, E for execution (UK)

Meet E.  He is the poor soul at the heart of this week’s new statutory instrument concerning the rights of employees who are dismissed on or after furlough. E is anxious that if he is dismissed while on furlough or soon after he comes off it, then his reduced earnings over that period will prejudice … Continue Reading

Post-lockdown working, Part 5 – doing your homework (UK)

The logical extension from the discovery that all or most or your staff can work from home without anything catastrophic happening is to ask yourself whether you actually need an office in the first place.  Obviously it has potential advantages in terms of staff cohesion and corporate identity, but decisions are being made across the … Continue Reading

Post-lockdown working, Part 4 – whistleblowing for beginners (UK)

On top of the flexible working rules (see Parts 1-3), another piece of existing law likely to get a pandemic-related dusting-off in the months to come is our old friend whistleblowing. If you face what is otherwise a fairly clear redundancy situation because Covid-19 has gutted your employer’s market, what better way of upping the … Continue Reading

Post-lockdown flexible working, Part 3 — the big questions (UK)

If we are right to think that the unravelling of lockdown will be accompanied by a sharp increase in the number of employees requesting to work from home, then many employers will shortly start to face some serious posers in relation to the flexible working scheme. These are not new questions, but will be thrown into … Continue Reading

Post-lockdown flexible working, Part 2 – making it official (UK)

By now, many employees working from home in the lockdown will have made quite firm decisions around how they wish to operate going forward.  Some will have decided that there is nothing in their lives quite like their family and, for that reason, that they wish to extend their WFH indefinitely.  Others, on probably very … Continue Reading

Post-lockdown flexible working, Part 1 – can you still say no? (UK)

The world of work has remained broadly the same for the last 100 to 200 years – offices might have lost the wood panelling, trains become less smoky (inside and out!), top hats turned into bowler hats then no hats, beards have gone in, out, then back into fashion,  but the central tenet remains – … Continue Reading

Belgian Ministry of Employment blows hot and cold on pre-return temperature checks

In an attempt to keep Covid-19 out of the workplace, many employers have been inquiring about the possibility of performing temperature checks before employees enter their premises each day. The Belgian Ministry of Employment’s position until last week was fairly relaxed: its FAQ document referred to the stance taken by the Belgian Data Protection Authority, … Continue Reading

And now for something completely different – EU abuse principles sink self-serving contract variation

Quite a fun little case on TUPE this week, if you like that sort of thing (and on the upside, even if you don’t, at least it has nothing to do with COVID-19). Regulation 4(4) of TUPE states that TUPE-related changes to terms of employment are void in most circumstances.  This has long been read … Continue Reading

Belgium – new “Corona leave” reduces young parents’ suffering

In a previous blog, we mentioned in mildly critical tones that the Belgian government still hadn’t issued a regulation on a proposed special “Corona leave” for young parents struggling to balance (home)work and the care of their children. It could just be coincidence, obviously, but the very next day the government reached agreement on the … Continue Reading

Dealing with health and safety fears of returning to the workplace (UK)

So now that the slow movement back to workplaces has started, the next hot question will be this: “If I don’t want to go back in because I fear infection if I do, can my employer make me?” The short and absolutely definitively answer to this is no.  And yes. It cannot compel you to … Continue Reading

Extension of IR35 to the private sector, Part 17 – the House of Lords takes revenge, eventually (UK)

Trying to find the most depressing part of the new House of Lords’ Economic Affairs Committee report on IR35 is not easy.  There are so many possible candidates, for one thing, and as an insight into the legislative process it is little short of terrifying.  Not even law by twitter like the Job Retention Scheme, … Continue Reading

Smoke lifts temporarily over Belgium’s occult period (and other questions about termination)

In a previous blog, in a world before the coronavirus hit Europe, we noted the social elections that Belgian employers have to organise in 2020 [here] for the appointment of employee representatives to the Works Council and Health & Safety Committee. Being a representative of that sort (and also being a candidate for that role) … Continue Reading

“The human race is faced with a cruel choice: work or daytime television” – squaring lockdown with the Job Retention Scheme (UK)

A well-known term of the CJRS is that the employee shouldn’t while on furlough do any work for the employer or provide any services to it.  A simple enough proposition, one might think, despite the unknown pundit whose wise words appear above, but as with much of this Scheme, once you get down into the … Continue Reading

Early guidance for administrators considering furlough (UK)

Earlier this week, Mr Justice Snowden gave the first judgment on the Government’s Coronavirus Job Retention Scheme [here].  Rather than bask in the Bank Holiday sunshine digging into his Easter eggs, he sought to bring clarity to some of the more murky aspects of the scheme – specifically, how the Scheme operates when the employer … Continue Reading

HMRC quizzed by Parliamentary Treasury Committee on Job Retention Scheme (UK)

Here is a quick glimpse behind the scenes of parliamentary process – some highlights from the Parliamentary Treasury Committee meeting yesterday when officials from HMRC were quizzed by the Committee about the Coronavirus Job Retention Scheme, plus some thoughts of our own in bold. The new scheme will be up and running on 20 April … Continue Reading
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