Hong Kong: Resignation, Repudiation or Dismissal?

In the recent decision of Lam Sin Yi Sindy v Leung King Wai William [2020] HKCFI 2525, the plaintiff challenged her former employer’s treatment of the termination of employment as a resignation. The decision is a useful reminder of the legal principles in relation to valid notice of termination and the perils of accepting a resignation given … Read more

UK COVID-19: new rules on redundancy and notice pay for furloughed employees

As the Coronavirus Job Retention Scheme (CJRS) begins to wind down through to 31 October 2020 with increasing levels of employer contribution, more employers are having to consider the issue of redundancies.  Two recent Government announcements will be key to these considerations: new regulations which came into force on 31 July 2020 have changed the … Read more

UK COVID-19: People: Chancellor extends furlough scheme until end of October

The Chancellor has just announced in Parliament that: the Coronavirus Job Retention Scheme will continue without change until the end of July the Scheme will remain in place and available to all sectors through to the end of October, but from August there will be greater flexibility. Employers currently using the scheme will be able … Read more

UK: High Court rulings on duty of care to protect against economic loss

In Rihan v Ernst & Young (Global) Ltd, the High Court awarded a former partner of Ernst & Young (EY) damages exceeding $11 million, broadly equating to past and future earnings for the rest of his career. The claimant, Mr Rihan, was a whistleblower who publicly disclosed suspected irregularities arising out of an audit for … Read more

UK COVID-19: updated HMRC guidance (30 April): TUPE coverage and other changes

HMRC has this afternoon published updated versions of its guidance on the Coronavirus Job Retention Scheme. An important change is to eligibility for TUPE transferees. The updated guidance for employers on checking eligibility to claim now states that “a new employer is eligible to claim under the CJRS in respect of the employees of a … Read more

UK COVID-19: latest updates on CJRS

Minor changes to HMRC’s Coronavirus Job Retention Scheme Guidance continue to be made.  The main changes made on 23 April are as follows: It has been clarified that employees who are made redundant or stop working after 19 March (and for whom an RTI payment submission has been made on or before that date) can … Read more

UK: Coronavirus Job Retention Scheme goes live; updated guidance

The Coronavirus Job Retention Scheme online portal has gone live this morning enabling employers to lodge claims.  Grants are expected to arrive in employer bank accounts within six working days of submitting a claim.  The portal can be accessed here.  An online calculator is available to assist with the simpler employment scenarios and will be … Read more

UK: 17 April updated HMRC guidance on Coronavirus Job Retention Scheme

HMRC has this evening published a fifth update to their guidance for employers and the guidance for employees on the Coronavirus Job Retention Scheme (CJRS), as well as a Step-by-step guide for employers on making a claim.  There is also a new guide on making a claim under the Coronavirus Statutory Sick Pay Rebate Scheme … Read more