Employment Insights

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In response to the coronavirus outbreak, the Employment Team of 9 St John Street have launched a series of weekly Q&A videos, answering key questions for workers, employees and employers on employment law developments during the coronavirus outbreak. You can submit your question for our barristers to discuss by email to employmentinsights@9sjs.com

Additionally, all of our barristers and clerking team are working remotely and are readily available for instructions. You can contact Julia by email or by telephone on 0161 955 5123. Please visit the Employment or Public Access pages for further information.

Video 1 - Furlough issues

This week Stefan Brochwicz-Lewinski and Louise Quigley focus on furlough:

– What is furlough? Who is covered and what are employees entitled to?
– Who should employers select for furlough? How can I use furlough in my business?
– Is furlough a compulsory alternative to redundancy?
– Can directors be furloughed? What functions if any, can directors carry out whilst on furlough?
– Furloughing employees in the vulnerable categories.
– Can you furlough an employee who has handed in their notice?
– How does furlough impact on a TUPE transfer?
– Can you have a second job whilst being furloughed?
– Can I rota staff on furlough?

Video 2 - Holidays and Furlough Part 1

In a two part special, Rebecca Eeley and Amy Smith tackle the interaction between furlough and holidays. Part one will address two key questions:

  • Do employees continue to accrue holidays whilst furloughed?
  • Can employees take holidays whilst furloughed?

Video 3 - Holidays and Furlough Part 2

Part Two of holidays and furlough by Rebecca Eeley and Amy Smith considers:

  • Can employers require an employee to take annual leave whilst furloughed? Does this only apply to the statutory element?
  • At what rate would holiday be paid to employees under furlough?

Video 4 - Furlough: Updates and Contractual Implications

This week, James Hurd and Tom Gilbart provide you with furlough updates and consider the contractual implications of furlough:

  • Update following the Government announcements of 15th April 2020 – further clarification, new dates etc. (01:13);
  • Notice periods and furlough (04:38);
  • Can you re-employ an ex-employee to furlough them? What are the issues that could arise? (06:38)
  • Can your furlough agreement contain a clause which permits the employer to lay off the employee after the furlough period? (21:30)
  • Will the doctrine of frustration be relevant to employment contracts given the current situation?

Video 5 - Top 5 Tips in Redundancies

As businesses feel the impact of the current coronavirus pandemic and consider plans for sustainability in the future, it has never been more important to achieve a fair redundancy process. Our Employment Insights duo, Jennie Ferrario and Laura Kaye have created a ten-minute webinar to share their top five tips aimed at employers who have commenced (or those considering commencing) a redundancy process and their employees.

Video 6 - Furlough and Maternity Rights

A bank holiday bonus video is now live! Louise Quigley and Amy Smith have created a short webinar on furlough and maternity. We have consolidated all the furlough maternity queries from the insights inbox into three key questions:

  1. Can an employee on maternity leave be furloughed? (1:22)
  2. Are allowances and pay protected during furlough? (3:00)
  3. Can an employer require a pregnant woman to attend work or not? (4:53)

Video 7 - Health and Safety in the Workplace

Jennie Ferrario considers the law regarding whether employees can be dismissed for refusing to go to work because they consider it to be unsafe. Jennie also shares her thoughts on the reasonable belief to be held by employees and what employers might do to reduce the risk of such circumstances occurring.

The Employment Insights inbox remains open for queries from employees, employers and solicitors by email at employmentinsights@9sjs.com.