UK Covid-19: round-up of recent changes concerning CJRS claims and lockdown rules

Employers claiming for furloughed employees under the Coronavirus Job Retention Scheme (CJRS) need to keep a close eye on deadlines. Monthly deadlines for claims must be now met unless an employer has a ‘reasonable excuse’ for a late claim (see here);  the next deadline is 15 February 2021.  More imminent is the deadline for applying … Read more

UK: short notice period undermines enforceability of covenants

The High Court judgment in Quilter Private Client Advisers Limited v Falconer highlights the risk that a short notice period, including during a probationary period, can undermine an employer’s argument that restrictive covenants should be held enforceable on the basis they are necessary to protect confidential information or customer connections.  The judgment also provides some … Read more

UK: EAT raises possibility of interim relief remedy for discriminatory dismissal claims

Currently interim relief is only available where an employee alleges that the principal reason for their dismissal is whistleblowing, trade union membership or certain employee representative activities; it is not available in discrimination cases – yet. If a tribunal decides that the employee’s claim is ‘likely to succeed’ (ie, has more than just a reasonable … Read more

UK: new Government consultation on non-competes

The Department for Business, Energy and Industrial Strategy has opened a consultation exercise into the use of non-compete provisions, and potentially other forms of restrictive covenants, by employers in contracts with their staff, including workers and other forms of atypical arrangements. This is the second time in the last few years that the Government has … Read more

UK: European Court of Justice ruling on collective redundancies threshold raises doubts over UK approach

The European Court of Justice has ruled that employers have to look both backwards and forwards from an individual dismissal to determine whether the threshold number of 20 redundancies to trigger information and consultation obligations is met over a 90 day period.  The ruling conflicts with the UK forward–looking approach which focuses on the employer’s … Read more