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Articles

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COVID-19: Duties of Directors in challenging times

As businesses and companies in the UK face an uncertain few weeks and months with unprecedented pressures, it can be easy for directors to panic and not know where to turn.  To assist in decision-making, we give a reminder of the law in this area, and...

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Coronavirus: latest developments for employers (as at 17:00 on 20 March 2020)

As the coronavirus situation escalates, and the government’s response intensifies, there have been a number of key legal developments affecting employers and their workforces.  We summarise some of these new developments below, as we continue to...

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Coronavirus: commercial contract considerations

As the COVID-19 situation continues to develop, the areas of challenge for most businesses are wide ranging.  For many, the management of contracts with suppliers and customers is a very real concern.  Businesses may well be able to resolve...

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Signing documents whilst in isolation

During periods of social-distancing and self-isolation, electronic signature platforms (such as DocuSign and Adobe Sign) will be an effective and efficient way to get documents signed. But remember, if you are executing deeds electronically: Where a...

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Coronavirus and finance transactions: issues for corporate borrowers and funders to consider

Covid-19 has spread rapidly throughout the globe since it first emerged in China at the end of 2019.  As governments, businesses and individuals all take measures to protect against the potential public health issues that the coronavirus poses, its...

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Coronavirus: update for employers (as at 18 March 2020)

The pace of change in guidance on the coronavirus outbreak for employers and employees has not slowed this week. Boris Johnson announced a number of key new measures on Monday 16 March in relation to the coronavirus situation. Public Health England has...

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News Alert - IR35 reform postponed to 2021

The UK Government confirmed that implementation of the reforms to “off-payroll” working (IR35) in the private sector would be postponed to April 2021. Although no changes to the substance of the rules are expected, it does allow clients, agencies...

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Floating charge holders take note - the "Prescribed Part" for unsecured creditors is increasing

Hot on the heels of our April 2020 article on the proposed reintroduction of the Crown preference , Parliament has recently approved legislation that will increase the ring-fenced amount available to unsecured creditors on an insolvency of a company from...

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Coronavirus and property notices

Monitoring post during any period of lockdown As many businesses prepare to shut their doors for a period of home working or temporary closure in response to coronavirus it is important to give some thought to how your business will monitor post during this...

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EDPB guidance on connected cars & personal data

The European Data Protection Board (EDPB) has released new guidance on processing personal data in the context of connected vehicles and mobility related applications.  This important guidance will be mandatory reading for those in the automotive...

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Coronavirus: update for employers (as at 13 March 2020)

The coronavirus situation is fast-moving and there have been a number of key announcements from the government about changes to employment law in the last few days.  Some of these changes have now come into force, but other changes await further...

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Spring Budget 2020: what do employers need to know?

The news headlines following the Spring Budget on Wednesday 11 March 2020 largely focussed on the government’s response to the COVID-19 outbreak, including previously announced changes to the statutory sick pay regime.  There were,...

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The 2020 budget delays the re-introduction of HMRC's priority in insolvency proceedings

In our last article, which can be found here , we reported on the government’s intention to give HMRC priority in the recovery of certain debts (including VAT, PAYE, Employee NICs, and Construction Industry Scheme deductions ) in insolvency...

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Termination payments: NICs changes from 6 April 2020

After a 2 year delay, the National Insurance Contributions (NICs) rules affecting termination payments are changing with effect from 6 April 2020. The new rules will apply to termination payments over £30,000 that are paid to employees on or after 6...

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Can an invalid deed be enforceable as a matter of contract?

In the recent case of Signature Living Hotel Limited v Andrei Sulyok Roxana Monica Cocarla [2020] EWHC 257 (Ch), 2020 WL 00929732 the High Court considered whether two deeds of guarantee which failed as deeds (because the formalities for a deed had not...

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New rules for calculating holiday pay

From 6 April 2020, the 12 week reference period for calculating statutory holiday pay will be extended to 52 weeks.  This extended reference period will apply when calculating statutory holiday pay for casual workers with no normal working hours, for...

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Borrowers beware - tips to ensure your lender is good for the money

Some of you may have read about the recent travails of the London-listed oil company, Lekoil, which has been left heavily out of pocket having been fooled into thinking it had successfully lined up a US$184m loan from the Qatar Investment Authority (the...

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Events of default: rights, obligations and risks for lenders

Jonathan Porteous (partner) and Estelle Macleod (professional support lawyer) have prepared a note for leading legal publisher, Practical Law, on the considerations and options for a lender if an event of default occurs under a facility agreement. ...

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Failure to pay, breach and abandonment: termination provisions put to the test

It is often unclear whether a party to a contract has a right to terminate for the other’s breach, with the associated risk of being in breach for non-performance itself if it gets it wrong.  The recent construction case PBS Energo AS v Bester...

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IR35 - Off-payroll working rules extension to the private sector now imminent: latest updates

The off-payroll working rules are to be extended to the private sector on 6 April 2020. The rules require medium and large end-user clients to determine whether deemed employment status applies to their arrangements with relevant intermediaries (commonly...

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Coronavirus - Practical Advice for Employers (as at 6 March 2020)

Covid-19, more commonly known as novel coronavirus, which is believed to have originated in the Chinese city of Wuhan, has been declared by the World Health Organisation as a “public health emergency of international concern”, with the UK Chief...

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Adverse weather in construction contracts

As storms and snow continue to batter parts of the UK, you only have to look at the news (or be a frequent passenger on Britain’s railways) to understand the disruptive effect intense weather can have on day-to-day life. It would be wrong however to...

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Removal of Swedish Derogation

The “Swedish Derogation” (so called because it was negotiated by the Swedish government in relation to the Agency Workers Directive) has always been controversial.  Although introduced as a means of guaranteeing pay between assignments,...

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Employer found liable for race discrimination after changing its reason for dismissal

In the case of Base Childrenswear Ltd v Otshudi , the Court of Appeal upheld a tribunal’s decision that an employee had been racially discriminated against after her employer changed its reason for dismissal shortly before the hearing. The claimant in...

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Amendments required to employment contracts and worker contracts - new rules on section 1 statements from 6 April 2020

Following the Taylor Review in July 2017 and the Good Work Plan published in December 2018, critical changes are being made to the rules on section 1 statements from 6 April 2020. These will apply to any person starting work on or after the 6 April 2020....

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Post-Brexit immigration proposals announced

The Government has announced its plans for the new immigration system that is due to be implemented from January 2021. There will be winners and losers in the new system.  Employers relying heavily on European workers will generally lose out whilst...

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Living with beauty: the report of the Building Better, Building Beautiful Commission January 2020

“A thing of beauty is a joy for ever: Its loveliness increases; it will never Pass into nothingness; but still will keep A bower quiet for us, and a sleep Full of sweet dreams, and health, and quiet breathing.”   ...

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Introduction of bereavement leave

From 6 April 2020, employees will be entitled to statutory parental bereavement leave if they are the parent of a child who dies under the age of 18 or they suffer a stillbirth after 24 weeks of pregnancy.  Some parents may also be entitled to statutory...

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Five point guide: don't despair with disrepair part 1 - a landlord's guide to dilapidations

When a property is left in disrepair by its tenant on lease expiry a landlord expects to recover the cost of making good.  Meanwhile, the tenant expects to move on without further liability. Such disparate expectations can lead to lengthy and costly...

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Life sciences A to Z - E is for Employment Status

Employment status in the life sciences sector From employees of the largest pharmaceutical companies to healthcare workers, businesses within the life sciences sector are driven by people. Different businesses inevitably have different needs for engaging...

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