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Employer Job Retention Scheme – In line with Government Advice, Seek the Correct Legal Advice to Avoid Employment Law Breaches

We have solicitors specialising in Employment and Business law with offices situated in Croydon and Central London. We are continuing to work remotely throughout the Coronavirus pandemic and can provide you with urgent advice and assistance.

The Government have introduced a scheme that permits employees to be furloughed in certain situations and to claim financial contributions to salaries of 80% up to £2500 per employer.

It is imperative at this time for businesses to seek legal advice. The UK Government have made clear that they reserve rights to audit employers claims at a later stage. Contributions claimed under the coronavirus retention scheme must be accurate otherwise you risk having to pay money given to staff to remain at home back to the Government.

It is obvious to us as employment and business law solicitors that any decisions to furlough employees follow a lawful procedure. Employees will need to be consulted, the decision to furlough will need to be documented and employment contracts reviewed and amended. Employees who cannot return to work after the conclusion of the coronavirus retention scheme will have to be subjected to a lawful redundancy process. This process should be documented at the time of entering a furlough agreement for your employee.

The UK Government have issued policy guidance that supports the need for legal advice. The policy can be found at https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme. It provides

What you’ll need to make a claim

Employers should discuss with their staff and make any changes to the employment contract by agreement. Employers may need to seek legal advice on the process. If sufficient numbers of staff are involved, it may be necessary to engage collective consultation processes to procure agreement to changes to terms of employment.

How Barnes Harrild & Dyer Solicitors can help

At this difficult time all businesses are experiencing, we are currently offering employers a discounted consultation rate from our usual fees. A consultation can be booked with a senior employment lawyer for £200 + VAT.

For a same-day response, contact our head of private client services at ravi.merhas@bhdsolicitors to arrange a consultation, or you can contact us via the blue contact us boxes above.

We are a firm specialising in multi legal disciplines with offices situated in Croydon and Central London. And we are continuing to work remotely throughout the Coronavirus pandemic.

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