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UK HR Solutions: Changing terms and conditions

Welcome to the tenth and final post in our current series of hands-on guidance for UK HR professionals. In this series we’ve looked at common HR issues that you’ll encounter in the workplace and given you practical guidance on how to deal with them. Over the course of the series we’ve covered a variety of topics, such as how to handle grievances, disciplinaries, sickness absence, performance management and much more besides.

This week we look at changing terms and conditions.

Click here to read our guidance note on changing terms and conditions.

Coronavirus: UK targeted furlough scheme for the hospitality sector – key details for employers

Less than two weeks after the announcement of the Job Support Scheme (“JSS”) and with just over 3 weeks until the Coronavirus Job Retention Scheme (“CJRS”) ends, the Chancellor of the Exchequer has, today, made an announcement setting out the details of a targeted furlough scheme designed to support businesses that are legally required to shut their premises as part of further lockdown measures.

Although it has been labelled by the Chancellor of the Exchequer as an expansion of the JSS, it looks very much like an extension of the CJRS, albeit in a more limited and targeted form.

Key details of the local furlough scheme

The key details of the scheme, which will apply to all of the UK, are as follows:

  • It will apply to employees who are unable to work as a result of their employer being forced to shut its premises as part of local or national lockdown measures over the winter months. These are likely to be businesses in the  hospitality sector – particularly, bars; restaurants; pubs and clubs.
  • The government will pay two thirds of the salary of those employees who are furloughed under this expanded JSS, up to a maximum of £2,100 a month.
  • Employers will not be required to contribute towards wages, but will be required to make National Insurance contributions and pension contributions.
  • Employers will only be eligible to claim the government grant while they are subject to lockdown and employees must be off work for a minimum of seven

UK HR Solutions: Bullying and Harassment FAQs

Welcome to the next post in our weekly series of hands-on guidance for UK HR professionals. In this series we look at common HR issues that you’ll encounter in the workplace and give you practical guidance on how to deal with them. Over the course of the series we’re covering a variety of topics, such as how to handle grievances, disciplinaries, suspension, performance management and much more besides.

This week we continue our look at bullying and harassment with a set of FAQs that UK employers commonly ask.

Read our bullying and harassment FAQs >

UK HR Solutions: Addressing Bullying and Harassment in the Workplace

Welcome to the next post in our weekly series of hands-on guidance for UK HR professionals. In this series we look at common HR issues that you’ll encounter in the workplace and give you practical guidance on how to deal with them. Over the course of the series we’re covering a variety of topics, such as how to handle grievances, disciplinaries, performance management, sickness absence and much more besides.

This is the first of two weeks where we focus on bullying and harassment. This time we give a brief overview of taking steps to prevent bullying and harassment, and how to manage an incident if it arises.

Read our Addressing Bullying and Harassment note >

Coronavirus: UK Job Support Scheme – key details for employers

As we reported previously, on 12 May 2020 the Chancellor of the Exchequer announced that the Coronavirus Job Retention Scheme (“CJRS”) would be extended until 31 October 2020.  With just over 5 weeks until the CJRS ends, the Chancellor of the Exchequer has, today, made an announcement setting out the government’s package of measures designed to protect UK jobs through the winter.

Job Support Scheme

With effect from 1 November 2020, the new Job Support Scheme (“JSS”) will come into force.  The key details of the JSS are as follows:

  • It is designed to support the wages of employees who are in viable jobs, but on shorter working hours.
  • Employees must work at least 1/3 of their normal working hours and be paid by their employer for those hours.
  • For the hours not worked, the government and the employer will each pay one third of an employee’s salary.
  • The level of grant will be calculated based on an employee’s usual salary, capped at £697.92 per month.
  • All small and medium enterprises are eligible to participate in the JSS.
  • Larger businesses, whose turnover has fallen as a result of coronavirus, are also eligible to participate in the JSS, subject to complying with certain conditions, including restrictions on capital distributions to their shareholders.
  • The JSS is open to all employers, including those who have not participated in the CJRS.
  • The JSS will remain in force for 6 months from 1 November 2020.
  • Employers will not be permitted to issue notices

UK HR Solutions: Sickness Absence FAQs

Welcome to the next post in our weekly series of hands-on guidance for UK HR professionals. In this series we look at common HR issues that you’ll encounter in the workplace and give you practical guidance on how to deal with them. Over the course of the series we’re covering a variety of topics, such as how to handle grievances, disciplinaries, suspension, performance management and much more besides.

This week we continue our look at managing sickness absence with a set of FAQs that UK employers commonly ask.

Click here to read our sickness absence FAQs.

This article was co-written with Trainee Solicitor Peter Summerfield.

Coronavirus: new UK restrictions – implications for employers

Amidst rising numbers of infections, the UK government has, today, made an announcement in relation to new Coronavirus restrictions.

Key highlights of the new restrictions

  • employees who can work from home should do so;
  • restaurants, bars and pubs must operate a table service only and must close at 10pm each day from 24 September 2020;
  • retail and hospitality staff will be required to wear face coverings;
  • retail, leisure and hospitality businesses are now legally required to ensure that their premises are COVID secure;
  • conferences and sporting events will not re-open from the beginning of October, as previously planned; and
  • tighter penalties will be applied, including fines of up to £10,000 for businesses which break COVID rules.

The above restrictions are anticipated to continue in place for the next 6 months.

Implications for employers

  • Plans to bring employees back to the office will need to be reconsidered in light of this announcement.
  • Employers operating in the leisure and hospitality sector will need to be mindful of the need to make changes to working hours and shift patterns.
  • These restrictions, combined with the cessation of the furlough scheme at the end of October 2020, may mean that employers will need to consider whether redundancies are necessary.

BCLP has assembled a COVID-19 Employment & Labor taskforce to assist clients with employment law issues across various jurisdictions. You can contact the taskforce at: COVID-19HRLabour&EmploymentIssues@bclplaw.com. You can also view other thought leadership, guidance, and helpful information on our dedicated COVID-19

California Passes COVID-19 Supplemental Paid Sick Leave Law

On September 9, California Governor Newsom signed a bill that establishes COVID-19 supplemental paid sick leave (“COVID-19 PSL”) for California workers generally not covered by the federal Families First Coronavirus Response Act (“FFCRA”).

Important Dates

Employers are required to begin providing COVID-19 PSL by September 19.

Employers must also post a notice in their workplace by September 19.  If employees are not physically present in the workplace, the employer may disseminate the notice electronically.

Starting in the first pay period after September 9, employers must provide notice in a wage statement (or a separate writing provided on pay day) of an employee’s available COVID-19 PSL each pay period.

The requirement to provide COVID-19 PSL expires on December 31, 2020 or upon the expiration of any federal extension of the Emergency Paid Sick Leave Act established by the FFCRA.

Covered Employers & Employees

California’s new law applies to private employers with 500 or more employees in the United States.  It also applies to any public or private entity that employs health care providers or emergency responders and that has elected to exclude such employees from emergency paid sick leave under the FFCRA.

Workers are entitled to COVID-19 PSL only if they are (1) employed by a covered employer AND (2) leave home to perform work for their employer.

Reasons for Leave

Employees are entitled to COVID-19 PSL when they are unable to work because they:

  • are subject to a federal, state, or local quarantine or isolation order related

UK HR Solutions: How to deal with sickness absence

Welcome to the next post in our weekly series of hands-on guidance for UK HR professionals. In this series we look at common HR issues that you’ll encounter in the workplace and give you practical guidance on how to deal with them. Over the course of the series we’re covering a variety of topics, such as how to handle grievances, disciplinaries, suspension, performance management and much more besides.

This week we look at how to deal with sickness absence.

Click here to read our sickness absence guidance note.

US COVID-19: DOL Issues Revised FFCRA Regulations In Response to NY Decision

In August, we informed you of a decision by a federal district court in New York (the “Court”) that invalidated four key provisions of the federal Department of Labor’s (“DOL”) regulations interpreting the Families First Coronavirus Response Act (“FFCRA”).  On September 11, 2020, the DOL acknowledged the nationwide impact of the Court’s ruling, and issued much-anticipated revised regulations addressing the four provisions.  The new regulations will be formally published, and become effective, on September 16, 2020.

As described in detail below, in the new regulations, the DOL: (a) affirmed the “work-availability” requirement; (b) affirmed the “employer consent” requirement for intermittent leave; (c) narrowed the scope of the “health care provider” definition for purposes of the available exemption from the leave entitlement; and (d) clarified the timing of notice and documentation requirements.  The DOL also provided new and revised Q&As on these subjects (see Q&A #s 16, 21, 22, 56, and 98-103).

Work-Availability

In the revised regulations, the DOL held firm to the requirement that employees are only entitled to leave if they are unable to work “because of” a COVID-19 qualifying reason.  The DOL addressed the Court’s concerns with consistency by clarifying that this work-availability requirement applies to all qualifying reasons for FFCRA leave.  Thus, according to the DOL:

  • FFCRA leave (both Paid Sick Leave for any qualifying reason and Expanded FMLA leave) may only be taken if the employee has work from which to take leave. In other words, an employee cannot take FFCRA leave if the employer would
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