We have updated our reception area at our Haverhill office to improve our client’s experience when visiting us. Our new layout enables us to keep clients and staff safe in a Covid 19 secure environment. We remain ready to meet and greet clients who have a pre arranged appointment with their lawyer.
The Coronavirus Job Retention Scheme (CJRS) was introduced in March by the Government to enable organisations to keep staff on payroll and not make them redundant but send them home. It served two purposes – ensuring people stayed at home at the height of the Covid-19 pandemic, whilst enabling people to keep their jobs. As it is fundamental to the employment relationship that the employer provides work and the employee undertakes work in order to avoid a breach of contact, the furlough period could only be put in place with the employee’s express agreement. “Furlough”, prior to March was not a term that had ever been used in relation to employment contracts/relationships.
Employers are now contributing to the scheme but with the Government still contributing 70%. In October employers will be contributing 20%. The Chancellor has made it clear there will be no further extensions to the scheme. It will end on 31st October.
So, what happens to the millions of people on furlough on 1st November:-
RETURN TO WORK – the ideal would be that the staff member returns to their job and full pay. There is no specified notice period that should be given to an employee that they are required to return, unless something specific was agreed at the start of the furlough leave.
REDUCTION IN HOURS/PAY – this can only happen if the staff member agrees to this. An employer cannot force a reduction in hours or pay. Some employees may be willing to agree to this to avoid losing their job.
REDUNDANCY – if the employer has become insolvent then there will be a redundancy situation. If the employer cannot afford to pay redundancy then the Government National Insurance Fund scheme may be able to assist employees. Employees will only be eligible for statutory redundancy pay if they have at least two years continuous employment. Redundancy pay should be calculated in accordance with the employee’s full pay, not any reduced pay whilst on furlough. If the employer no longer has a need, or has a reduced need for employees of a particular kind, this will fulfil one of the statutory definitions of redundancy. How the employer consults and selects those identified for redundancy will determine whether a dismissal for redundancy is fair in accordance with the Employment Rights Act 1996.
REMAIN AT HOME – the employer could discuss with staff the idea of working from home to assist with social distancing in the workplace. An employee cannot be forced to work from home if their contract of employment provides for a different place of work.
REFUSE TO RETURN – if an employee refuses to come back to work the employer will need to address the reason for the refusal and possibly address any concerns that mean the employee will not/cannot return, including if they are vulnerable and have worries about Covid-19 transmission.
If the employee is not invited back to work and/or is kept on reduced pay then this is likely to amount to breach of contract and potentially a constructive unfair dismissal.
Time is running out. If a genuine redundancy situation arises then the employer must still give notice that the employment is ending for this reason. The contract may dictate the notice period, but statutory minimum notice periods will apply in that one week’s notice for each complete year of service must be given, up to a maximum of 12 weeks.
If an organisation plans to make more than 20 staff redundant there must be a minimum consultation period before any notice of termination is given of at least 30 days.
It is going to be a difficult time for employees and employers so we are here to give the legal advice to guide you through it.
Contact Jennifer Carpenter, solicitor and partner with 20 plus years of providing employment law advice and representation to employees and employers.
One of the most common misconceptions that we come across in our property dispute resolution department is that the H M Land Registry title plan denotes unquestionably the precise boundary for a property. If only matters were this simple. The title plan shows with a red line what is known as a “general boundary” only and therefore is of limited significance and use in determining the precise boundary.
A physical boundary may be marked by a fence, wall, hedge, stream, edge of a drive way to name just a few examples. It is necessary to look back at the initial conveyance for the property and if possible the original conveyance plan for more guidance on establishing the boundary lines where there is a dispute.
The historic background and information about the property and its boundary will also be relevant.
Where there is a boundary dispute we will conduct a site visit after perusing all available documentary evidence relating to the property. We will assist in engaging a surveyor if required and then do our upmost to achieve a swift resolution to the dispute, adhering to the Protocol for Disputes between Neighbours about the Location of their Boundary (The Boundary Disputes Protocol).
We welcome you to enjoy the pleasant surroundings of our secluded, private gardens in Saffron Walden to make a will or for other solicitor consultations by prior appointment. As a business we are committed to adhering to Government guidance, therefore we are only permitting visitors to our offices by prior appointment.
Our gazebo provides an alternative option for clients or contacts that would like to meet in person the lawyer advising them, whilst social distancing. We can offer, where appropriate, appointments inside our offices, also. We have Perspex protective screens in place. In the majority of cases we continue to provide legal advice via remote means. Click here for our full Covid-19 Policy.
Should you opt for an appointment in our garden you will enjoy views of St Mary’s Church. The largest church in Essex and a grade I listed building.
Call today for an appointment on 01799 523441 or send an enquiry to [email protected].
The 17th August 2020 marks the start of Injury Prevention Week, a campaign for awareness of pedestrians and road safety which is held by the Association of Personal Injury Lawyers (APIL). Adams Harrison Solicitors are supporting this week. Our Anton Bilinski personal injury lawyer and member of APIL explains why:
APIL are committed to raising and finding ways to avoid unnecessary harm and suffering caused by victims of accidents. This week mainly concentrates on pedestrian and road safety. Particularly focusing on non-drivers and children as they return to school throughout August and September. By setting a good example you can make sure your child remains safe when out and about and encourage them to follow the highway code.”
Adams Harrison by supporting this week hopes to highlight how to avoid needless harm and suffering in the first place. Unfortunately we see first hand the devastating effects caused by victims of road traffic accidents and as a firm we continue to seek compensation of those that have suffered injuries sometimes life changing.
Yesterday the Government announced that in relation to the Coronavirus Job Retention Scheme (CJRS) that whilst it will close to new entrants at the end of June this will not be applicable to parents on statutory maternity and paternity leave who return to work in the coming months even after 10th June cut-off date.
However, this will only apply where they work for an employer who has previously furloughed employees. An important announcement that has dealt with what would otherwise would have been an unfair and discriminatory situation for those that have been on maternity or paternity leave.
Our employment law specialist, Jennifer Carpenter, solicitor and partner can answer any queries or concerns you have about furlough leave, employment terms, redundancy and other employment related issues.
10th June 2020 – this is the last date for workers/employees not previously furloughed to be placed on furlough leave and for the employer to benefit from the Coronavirus Job Retention Scheme (CJRS). The scheme will close to new entrants on 30th June, meaning that from 1st July employers will only claim under the CJRS who have previously been furloughed for a minimum period of three weeks prior to 30th June. 10th June is the very latest to have had three weeks on furlough before the end of the month.
The CJRS will have greater flexibility come 1st July where furloughed employees/workers will be able to work less than their usual working hours and employers will pay them for the hours worked. The CJRS will continue to make furlough payments for the remainder of their normal hours that they do not work, up to a maximum.
IMPORTANT FACTS TO REMEMBER:-
Our employment law specialist, Jennifer Carpenter, solicitor and partner can answer any queries or concerns you have about furlough leave, employment terms, redundancy and other employment related issues.
Adams Harrison Coronavirus Statement 24th March 2020
We are committed to adhering to the Government’s instruction that people should stay at home wherever possible. To ensure we meet our professional duty in relation to current instructions, we have put in place just skeleton staffing levels in our offices dealing with work that is absolutely necessary.
We already have a number of key staff working from home who will continue to do so during the lockdown. We will remain able to provide legal advice and assistance. All our staff that are working have access to their e-mail accounts, so e-mail is therefore the best method to communicate with us.
Alternatively you can telephone 01799 523441 for urgent advice, or contact us at [email protected] if you do not have an e-mail contact already.
If you have a forthcoming court hearing, or a current property or commercial transaction we will contact you by telephone or e-mail in order of priority within the next two days. We can continue to progress your matter as best we can in the current circumstances and we will keep you updated.
Thank you for your understanding and anticipated co-operation.
Adams Harrison were very pleased to support Saffron Walden Inner Wheel’s Rock and Roll Charity fund raiser.
We were delighted to learn that they raised a total of £1579.50 for the Together In Sound organisation as explained in the thankyou letter below from the Presidents of Inner Wheel.
Rhodri Rees, Senior Partner at Adams Harrison Solicitors, seen presenting a cheque for £350 to Ian Mackenzie, Secretary/Treasurer of Haverhill and District 41 Club.
The donation is from the partners of Adams Harrison and part of the Christmas giving campaign. The firm’s other two offices, at Saffron Walden and Sawston, have similarly presented cheques of the same amount to their chosen charities.
This presentation was particularly poignant in that it was made one year following the passing of Paul Cammiss. The charity was chosen by staff and partners in memory of Paul who was a Partner of Adams Harrison from 1989 and continued his association until 2018. In his spare time, he was involved with Haverhill Roundtable and 41 Club for almost 5 decades, as well as serving other local organisations in a voluntary capacity.
