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My six predictions for Brexit...

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We have just 55 days until 31 December 2020, which is the date the transition period for withdrawing from the European Union ends (and the deadline for extending it has now run out).  So in 56 days' time, the UK is on its own. Eighteen months ago,...

CJRS (Furlough) Scheme Extended to March 2021

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The Chancellor, Rishi Sunak, has announced that the Coronavirus Job Retention Scheme (also known as the furlough scheme) will remain open until 31 March 2021. For claim periods running to January 2021, employees will receive 80% of their usual salary for...

Illegality

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When considering an illegality defence, should a court (or tribunal) apply the 'common sense' test of Lord Toulson in  Patel v Mirza ? Yes, held the Supreme Court in  Stoffel & Co v Grondona , a case arising from a fraudulent mortgage...

Tribunal Procedure

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Would lead a fair-minded and informed observer conclude that there was a real possibility that an employment tribunal was biased because a lay member sat on two cases involving the same Claimant and employer Respondent? No, held the EAT in  Lyfar-Cisse...

Glasgow Tribunal: Covid Measures

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HMCTS has prepared  guidance  to assist people attending in-person hearings in the Glasgow Tribunals Centre. In addition to the hand sanitiser and anti-bacterial wipes available in all hearing rooms, steps have been taken to minimise the amount of...

ICO Right of Access detailed guidance

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Last week the ICO published the  Right of Access detailed guidance . The guidance doesn’t alter the existing law but rather provides clarification for employers on how to deal with subject access requests ('SAR'). Following consultation,...

Unfair Dismissal

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Did an employee's failure to return to work after her maternity leave amount to acceptance of a repudiatory breach for the purposes of constructive unfair dismissal? Yes, held the EAT in  Chemcem Scotland Ltd v Ure . The Claimant went on maternity...

Job Support Scheme - More Details

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HMRC has published a  policy paper  containing more details on the Job Support Scheme. The schemes will now be known as  JSS Open  and  JSS Closed , the latter being for those businesses which have been required to close under...

Job Support Scheme Amendment

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Chancellor Rishi Sunak has announced a further amendment to the  Job Support Scheme , which is due to begin on 1 November 2020. When originally announced, the JSS required employees to work a minimum of 33% of their normal hours. This has now been...

Whistleblowing and Interim Relief in Covid times

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We are seeing a big increase in interim relief applications, mainly flowing from two areas: First, there are a lot of cases of alleged furlough fraud – cases where an employee has asserted that an employer has made false claims under the Job Retention...

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