One of the world’s top portrait photographers Rankin was in Sheringham, Cromer and Norwich this week filming a documentary for the BBC and Mustard TV. He’s presenting a programme about the Sheringham’s famous photographer Olive Edis. As part of the film Rankin was shooting scenes in Edis’s old studio in South Street where he was using her original camera to take pictures of Lord of the Rings star Bernard Hill.
“Olive took photographs in her studio using only natural light and it’s quite a challenge using her camera that’s over a century old to emulate her style,” said Rankin. “Olive was a pioneer of portrait photography and one of only a handful of female photographers making their mark in a male world. Her work is hugely inspiring for what I do today.”
Olive’s photography spanned the social spectrum but her work is largely forgotten today.
“She was equally at home taking portraits of Princes as she was recording ordinary working people like her evocative studies of fishermen. She had an innate ability to put anybody who sat for her at their ease. Her fame a hundred years ago was second to none and our film aims to bring her story to a wider audience,” said director Clive Dunn.
“Olive’s place in the history of photography has been overlooked but thanks to a recent exhibition of her work at Norwich Castle and the forthcoming TV film, this renewed attention will help reinforce her reputation,” added the film’s producer Charlie Gauvain.
Being made by Norwich production company Eye Film, Fishermen to Kings – the forgotten photographs of Olive Edis will be shown on BBC 1 and Mustard TV later in the year and you’ll have to wait until then to discover how Rankin’s portrait of Bernard Hill turned out.
After a rapid adjustment following the government’s advice we have been able to set up all staff to work from home and arranged full access to all facilities to continue operating every aspect of our business throughout this continuing health crisis. We have also recently invested in various areas to strengthen our service departments (in particular our trade marks division) before these developments occurred as outlined below. First, in July of last year we acquired the well-known established trade marks practice of Oakleigh IP Services Limited together with its international client base and wider legal contacts – they are now fully integrated into ip21’s operations worldwide. Next, we have expanded our UK operational base to incorporate new client contact facilities in Cambridge and Ipswich with the first of these, in particular, bringing in a rapid take-up of new business from the scientific and academic community. Finally, we have in the last month been trialling a system in which we offer to supply, free of charge:
An up-to-date schedule of a client’s IP holdings and pending contentious matters including a ‘next due date’ list
A review of a client’s portfolio and a report identifying any gaps in protection, e.g. geographically and/or in terms of specification, logos, colours etc; or
A brief IP holdings report identifying the pending and registered trade mark and/or patent rights of up to three of a client’s principal competitors.
I hope this has given you a snapshot of how we view the current situation and what we are doing to service our clients’ needs and ensure we all emerge stronger from it.
May I please end with the sincere wish that you and those closest to you will come safely through this challenging period, and if you would like to discuss any of the services mentioned above, or any other IP topics, please do get in touch.
Richard Jones, Operations Manager for ip21 Ltd – [email protected] – 01603 457008
Pure has always been strongly committed to supporting local charities and to date, the professional recruitment specialists have raised over £120k for 24 charities in the region. This year the Norwich office has pledged to support The Big C by participating in the charity’s own key events and by organising its own fundraising, donations and volunteering activities.
Joseph O’Sullivan, Manager of Pure’s Norwich Office, said: “As part of our values as an organisation, we believe in supporting and taking part in the communities that surround us. The Big C is an exceptional charity, based on our doorstep, and one we are incredibly proud to support. Our first key fundraising event will be our annual quiz night in April. We’ve been running our annual charity quiz nights for seven years and they always prove popular. It’s a fun filled battle of the brains in which organisations get to pit their wits against each other in aid of a good cause. They are incredibly successful in raising funds and, with help from local businesses taking part, we are hoping to raise £2,000 during this fun evening.”
The Big C provides drop in support and information centres across Norfolk and Waveney. These are used by thousands of people affected by cancer every year and provide valuable information about diagnosis, treatments, side effects and recovery. The support also includes trained staff who can provide emotional help, support and complementary therapies.
Pure’s Norwich Quiz Night in aid of The Big C takes place on Thursday 13 April from 6pm at Sprowston Manor Hotel. Teams consist of 4 players and costs £40 per team with all proceeds being donated to the charity. To book a team place visit www.prs.uk.com or email April Gotts on [email protected]
A trade’s person or small business won’t do well if their business acumen isn’t up to scratch. Understanding how to gain and keep happy customers, how to keep the cash flowing for work done and keeping the tax man happy are important to ensure a business is to succeed.
Genix, Norfolk’s business support organisation understands the importance of local businesses, the self-employed and start-ups having access to free business advice and subsidised courses. It’s crucial that people gain the knowledge and information which is key to growing a business and is why Genix provide s their services in North Norfolk as well as in Norwic
Alex Till, chief executive of Genix, a not-for -profit organisation said, “Helping people improve their business knowledge can make a huge difference to both their business decisions and their confidence. I’m pleased we’re holding half day sessions covering both book keeping and understanding accounts in Fakenham and Cromer. We recently held a marketing course which attendees found very useful.”
Genix’s trainers are friendly and experts in their field, and aim to run their courses as informally as possible. By using venues in North Norfolk saves people having to spend time getting into Norwich.
The organisation are also planning a free session for people thinking of being their own boss, to be held in North Walsham during April.
For details and dates regarding Genix’s free advice sessions and business skills courses go to www.genix.org.uk or email [email protected]
Businesses processing personal data need to keep protection of customer and employee data at the front of continuity planning as they tackle the coronavirus threat.
The increased risk of data security lapses
Staff are likely to be working remotely or under different circumstances which could make customer information more vulnerable to data breaches with cyber-criminals ratcheting up their fraudulent scams. Alongside, data relating to employee health during the pandemic may be subject to special security requirements.
Businesses are implementing contingency planning with staff working from home and using domestic internet and possibly personal devices to access cloud-based software and systems, making it more important than ever to keep data safe and secure.
While data protection law doesn’t stand in the way of homeworking, or the use of personal devices, it demands even greater attention to security measures as the ones that you use in the office will need to be tailored to suit these new circumstances.
The human element is often the reason for most data breaches and without direct supervision and colleagues to consult, these may be more likely to happen. Certainly, there are reports of a steep rise in attempted cyber fraud, with many more phishing emails, malware and social engineering, where fraudsters dupe staff into revealing information or making money transfers.
Handling data belonging to affected people
The other major threat to data security during the crisis is the handling of individual information about staff and visitors, which might include who has travelled to high risk areas, symptoms, test results and when self-isolation has taken place. This is personal data protected by GDPR, but where it concerns health it may be specially categorised data under Article 9 of GDPR, which requires further grounds for processing this kind of data.
Employers will most likely want to rely on the ground in Article 9(2)(b) (“employment, social security and social protection”) to process special category data about their employees. In the UK the Health and Safety at Work Act 1974 says that companies must take steps to look after the health, safety and welfare of staff. This means that it is reasonable, and normal, for businesses to collect certain information as part of their general duty to their staff. There is a clear limit to what employers can collect however, just as the new guidance https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19 from the government makes clear that they expect most employers to collect data about coronavirus just for the purposes of assisting their staff, rather than making plans or a strategy for dealing with it, which are to be left to the NHS. There may be other grounds that businesses can rely on – these will depend on the circumstances and the likely impact of doing so.
Employers should also still be very mindful of the overarching data minimisation principle; that they should only collect what is strictly needed for the task in hand. This means applying limits to what they ask and not having a ‘one size fits all’ approach, since what may be relevant for one person could be irrelevant for another, and collecting that irrelevant information would infringe the minimisation principle.
The ICO has published guidance https://www.ashtonslegal.co.uk/your-business/gdpr-and-data-protection/
This information is correct at 10.30am on 25 March 2020.
We are seeing enforced or elected isolation with one’s spouse having a negative effect on the relationship of some married couples. Evidence from China suggests that divorce rates have risen significantly as a direct result of couples spending much more time in each other’s company than otherwise would have been the case.
Undoubtedly, couples can plan to use this new found time together constructively but where there are already significant fractures in the relationship, the added pressure of constant time together might well prove the tipping point which pushes the marriage over the edge.
Police sources have confirmed that they anticipate an increase in domestic violence whilst this pandemic persists which will result in added pressure on the Courts, Women’s Aid and other organisations whose advice and assistance is sought. It is important that whatever the circumstances anyone who experiences any form of domestic violence reports these issues immediately to the Police, seeks legal advice and obtains emotional and practical support. For many it will be the final nail in the marital coffin. So what should you do if you sense that the marriage is now sliding into an abyss?
Those affected need honest and no nonsense advice from an experienced lawyer who can help them chart a course through this difficult period and advise them on any immediate and urgent steps that need to be taken in order to safeguard themselves or their assets. They have to have access to initial free legal advice in order that they can be helped to understand the options that they have, explore the assistance that might be available, understand their rights and decide what form of action best suits their circumstances.
Baroness Shackleton and other divorce experts have, in the light of the pandemic, said that they anticipate increasing numbers of divorces in this country and the need to obtain appropriate and experienced advice will rise.
It is important that any advice sought comes from a source that is very experienced in dealing with all the complexities that divorce situations produce – from lawyers that have many years of experience in helping people through the stress and difficulties of divorce and are able to guide people to achieve a secure financial future. The professional ability that Ashtons are able to bring to bear on a case means that our clients often come to seek our advice not only from East Anglia but also from many other parts of the country and internationally.
If you are starting to think that your marriage may not endure for what may be a significant period of enforced or elected isolation, then please do get in touch with our family team on 0800 915 6037 or go to https://www.ashtonslegal.co.uk/your-life/family-law-solicitors/. We will arrange a completely confidential and no cost telephone discussion with you so that the ending of your marriage might well be the start of a new, secure and happier life.
Stephen Williams, Partner.
This information is correct at 12.30pm on 26 March 2020.
Well these are unparalleled times never seen or experienced before. We are seeing clients mobilizing working from home who had never anticipated they would have the need to do so.
We have seen clients with businesses freezes and conversely clients who have boomed. We have a government hell bent on supporting business and the economy, but uncertainty still around what that looks and feels like.
And as a result of that many of our clients have turned off the tap in relation to their recruitment activities. The fact that what we are experiencing is brand new means no one knows recovery rates, no one knows when the air will be clear and normality will return…? And we get that, 100%. But that doesn’t mean we will stop being there for you.
Doesn’t mean we will stop chatting to you. Doesn’t mean we will stop offering you our advise, both on things recruitment related, and indeed not. The core thing is for everyone to support each other and for us all to do our bit for each other.
The thing that we can say, from what we have experienced over the past couple of weeks is that our clients who are continuing their recruitment efforts are benefitting from really great candidates who want to be considered.
The market is still buoyant. People are still open-minded to making a move, even more so where the company can showcase their capability to support and offer a certain level of structure in these uncertain times. Likewise, they are understanding of start dates which may not be in the immediate future. For the right move, they are open to wait.
We are seeing job seekers entering the market, through no fault of their own. Job seekers with excellent skills and experience. Job seekers who under “usual circumstances”, you may not ordinarily see within the marketplace. If your business is able to, this could be a fantastic time to secure super people with great skills to join you. Or to meet them, create a dialogue and then keep in touch for when things move forwards.
We’ve been able to support businesses with new technology and guidance in relation to conducting interviews remotely. We’ve supported businesses who are recognizing opportunities within the current climate.
We’re offering specialized payment terms for clients to ensure we can support their cash flow, which is going to be so key and integral to all businesses right now. We are and will continue to do everything we can to help you.
Our brilliant team are working remotely, as are Ruth and I and we are on hand to answer any of your questions and continue to support you in every way possible. So please, do not be shy in reaching out. We are here for you.
The current coronavirus pandemic has truly turned the world on its head with worrying implications for individuals and businesses alike.
One shining light in all of the gloom is the ability of some businesses to adapt. We have seen our local pubs and restaurants, seemingly doomed following the Prime Minister’s address on the 20th March, now setting up as take away and ready meal suppliers. Brewers across the country are turning their production lines over to the production of hand sanitiser, possibly the new liquid gold.
Other manufacturers have got in on the act looking at ways they can turn their production lines to new products. Even a small business in Bury St Edmunds, normally making replica model buildings for model train enthusiasts is turning its hand to PPE equipment for our under pressure NHS. On a larger scale, car and other manufacturers are being asked to make safety equipment, ventilators and new hospital beds.
Turning production to new product lines is not immediately straightforward however. Businesses will have major practical and regulatory issues to overcome, but the desire, demand and skills are there and it is inspiring to see the sector rise to the challenge to meet the new “war effort”.
There are of course many existing product lines out there helping the international effort against the virus. Some manufacturers are producing working on new, stripped down products which can be fabricated quickly and in volume. All of these products can be licensed to other manufacturers, both in and outside of the UK spreading the load and reducing bottlenecks in the supply chain.
These arrangements do require careful documentation though. Intellectual property rights and confidentiality need to be protected and it is vital that the rights and obligations of all the parties are clearly defined along with the methods of remuneration, most likely to be a commission.
Whilst our healthcare professionals and scientists spearhead the effort to beat the virus, our manufacturers have a key role to give them the tools they need to keep us and themselves safe, so hats off to them.
Geoff Hazlewood, Partner
This information is correct at 2.30pm on 26 March 2020.
Despite the current lockdown, the help offered by charities and voluntary organisations in Norfolk is needed more than ever. Norfolk Community Foundation is delighted at the generosity of so many people and organisations who have donated to our appeal so far, and here is an update on some of the ways how your donations have been put to use immediately to help people in our local communities.Getting essential supplies to those who are vulnerable We’re continuing to support many charities, community groups and parish councils all across Norfolk who are providing essential supplies such as food and medications to older, vulnerable and self-isolating people in their communities, with help towards the cost of protective equipment that their volunteers need to carry this out safely. One example is the Wellspring Family Centre in Dereham, where a large group of volunteers are working hard to keep the Centre open as a local foodbank, as a place from where to run essential errands for vulnerable and isolated people, and also to provide support via telephone for local people who are experiencing mental health issues. Helping people affected by domestic abuse during the lockdown People experiencing domestic abuse are at greater risk during these difficult times, with rates of abuse soaring due to being confined to homes and with the added stress of health and financial worries. We are supporting the following local domestic abuse charities who are working hard to protect those at risk:
Pandora Project, a charity offering support and advice to those affected by domestic abuse in West Norfolk, is seeing a rise in self-referrals from women experiencing abuse in the home during this challenging time. The funding is helping them to buy 10 mobile phones with credit to give to women should they need to request help urgently from the charity or the police, as abusers often monitor their partner’s phone or take it away from them. They will be able to collect these phones via local collection points where possible. The charity is also being supported to provide one-to-one support to those affected by domestic abuse via telephone and online channels, and is paying for transport for women and children who need to flee to safe accommodation, if they have no access to money and need to leave the property quickly for their own safety.
Norfolk domestic abuse support charity Leeway is currently supporting 72 children who have previously lived in households affected by domestic abuse across their eight refuges in Great Yarmouth, Norwich, North Norfolk, and King’s Lynn and West Norfolk. As these children are now out of school and in self isolation, Leeway is providing them with access to wifi and online learning opportunities that can be accessed from their refuges so that they can continue their learning during this time.
Help for people with special educational needs It is difficult for everyone to be isolated at home at the moment, and especially so for families with children with special educational needs. We’re enabling SENsational Families, a charity supporting these families, to post out packs to families containing resources, activities and sensory toys to help both parents’ and children’s wellbeing during the outbreak, helping to ease the pressures of isolation. Support for organisations to continue helping the vulnerable from a distance Many charities and community groups provide important services which cannot be delivered face-to-face during the current lockdown, although more people are struggling and the need for their services is greater than ever. We’re supporting many organisations so they can continue to provide their vital services remotely via telephone or online, for example:
Volunteering Matters has set up a telephone and online service to provide support to vulnerable adults with special educational needs in West Norfolk
Norfolk Community Law Service is able to offer legal advice remotely via telephone and video conferencing
Holt Youth Project can now continue supporting local young people remotely, particularly those who are more vulnerable such as their young men’s mental health group that cannot currently meet in person.
Help us continue to help others A huge thank you to everyone who has donated to our appeal so far. However, we still need many more funds to ensure that we can support the most vulnerable during these unprecedented times. Donate today to help people in your local community. Anything that you can give will make a real difference.
I regularly speak to importers and exporters in our region about the issues we’re all facing as Britain moves through the Brexit transition phase. Despite the fast-moving Covid-19 situation, we all need to keep an eye on the medium term. Here is the IES update on the areas I think are important for fellow professionals in the sector
Know your borders
It is vital companies know the customs status and customs origin of your goods when they cross a border as this influences the type and cost of your import or export.
Currently as the UK is still a member of the European Customs Union shipments are only classed as exports when they are being sent to a country that isn’t one of the other 27 EU member states. This is because it is only when the goods leave the EU to a rest of world (ROW) destination that they cross a ‘Customs Border’.
All movements of goods through customs borders requires the submission of customs declarations and possible payment of taxes as they cross the border.
There are currently 28 member states in the EU. Any movement of goods from the UK to one of the other 27 states is classed as an intra EU movement. Note that, as Turkey isn’t a full member of the EU, exports to Turkey require a customs declaration along with an additional document called an Admission Temporaire Roulette (A.TR), needed to support the non-payment of tax.
Understanding origin
One of the biggest issues I encounter for my clients is when they are exporting to countries who have free trade agreements with the EU. They are frequently asked to provide with a long term declaration of Preferential Origin or an EUR1 document.
The issue is that there are two types of origin, Preferential & Non-preferential origin. Non-preferential origin is defined as ‘nationality’ product i.e. where the products is made. Whereas Preferential Origin allows for products that aren’t grown or wholly sourced in the country of supply, comes from establishing whether the product has undergone sufficient processing for it to meet the Origin rules set out in trade agreements between the country of supply and the final destination of the finished goods. The trade agreements which are all different clearly lay out on a product by product basis how much ‘originating components’ must be used in the manufacture of the finished product for it to change origin.
For example: a UK company ‘Widgets are Us’ designs WidgetA made from components sourced from multiple suppliers all over the world which they assemble into WidgetA in their UK warehouse. When they sell WidgetA they can label affix a ‘Made in the UK’ label. However, if they want to sell WidgetA to a country like South Korea, and benefit from the trade agreement in place between the EU & South Korea allowing goods with an EU origin to be imported into South Korea duty free, they will have to perform a calculation to ascertain whether WidgetA has undergone sufficient processing giving it a customs preferential origin of the EU other wise duty will need to be paid when it’s imported into South Korea.
Customs status
The customs status of your goods depends on whether or not import duty and VAT has been paid on the products when they entered the EU/UK. Also, whether you received a reduction under a free trade agreement between the country of supply and the EU.
Other important information exporters must know includes your trading terms with customers, i.e. who will be the importer or exporter of record, and who is liable for transportation costs, duty and VAT. This is vital as there are stringent rules that must be met when zero rating invoices on exports, as the exporter of record is liable for VAT on non-compliant exports.
The accepted trading terms are known as Incoterms® which the ICC have revised and relaunched for 2020. Incoterms guide how the risks and costs associated with international trade should be split between the vendor and customer. They also outline who will be the exporter of record, and who is responsible for and who pays for transportation, insurance and taxes.
Brexit proposals
After the Brexit transition period ends, our borders will shrink from the entire EU to just the UK and Northern Ireland. Currently the UK Government proposes, following the transition period, that companies will apply EU tariffs on import and if goods are released to the UK and there is a duty differential they can submit an adjustment to account for any duty over or underpayment.
There is also a suggestion that for intra EU movements, companies will be required to submit a document similar to the A.TR which they propose calling A.UK/NI.
All of this detail has yet to be agreed.
We can expect further developments during the transition phase, we will endeavour to keep you updated. As always, please call or email me with comments or questions, we’re always happy to discuss individual issues.
Anglian Water turns on the tap with £1million fund for local communities • £1million Positive Difference Fund created to support local community organisations • New fund doubles the £1m already available to customers through the Anglian Water Assistance Fund • Builds on massive Extra Care direct support package assisting families financially hit by COVID-19 • Supply chain deals and enhanced payment terms keep thousands more in employment as key workers • Company will kick-start a fund to help employees and their families facing financial hardship • Restates commitment to workforce, continues with apprentice recruitment, honours all existing job offers Communities in the Anglian Water region are to receive a cash boost to fight the impacts of Coronavirus as the water company’s owners backed plans to establish a new £1 million community support fund. The Anglian Water Positive Difference Fund will be distributed through a locally appointed partner which has expertise in getting money quickly to areas in which it is most needed. Fifty per cent of the fund will immediately be made available to support community organisations on the front line of the battle against coronavirus, with a further fifty per cent released to meet emerging needs later in the year. Organisations like food banks, outreach programmes and those helping the most vulnerable will be supported by the Positive Difference Fund. Direct support for customers The water company, which looks after around six million customers and the largest region in England and Wales, has already stepped up its efforts to directly support customers. The new £1million Positive Difference Fund is in addition to an existing £1million Assistance Fund that customers who struggle to pay may be able to take advantage of. Other support, available under the company’s Extra Care banner, includes discounted tariffs alongside flexible and affordable payment schemes. More than 300,000 customers each year are already helped this way. The company also helps customers identify if they may be eligible for benefits they are not claiming. Anglian Water has already signposted customers to a potential £4.5m of unclaimed aid, with the average amount that customers may be entitled to exceeding the cost of the average water bill. It is currently adding customers to its Priority Services Register faster than ever before, meaning they will get tailored help and special assistance should they need it. Peter Simpson, Anglian Water’s Chief Executive, said: “This business is built on the communities it serves, so it’s absolutely right we extend our support back to them during this time of need. “As key workers we’ve so far been able to keep all our colleagues employed, and we’ll do everything we can to maintain that. We know many thousands will not be so fortunate, and we sincerely hope this fund can go some way to helping them. “The Positive Difference Fund may be new, but our desire to protect and improve the region we serve is not. We can clearly see it has never been more important for companies like ours to step up, so that’s exactly what we’re trying to do.” Looking after colleagues The company has restated its commitment to its workforce: • It will continue with its Apprenticeship recruitment programme, arranging virtual interviews, resulting in 80 jobs being offered to start in October • All existing job offers and start dates will be honoured and full salaries paid, even if new employees are not yet able to start work • A one-off flat-fee payment to all colleagues will still be paid later this year • A fund to support colleagues in financial hardship will be brought forward later this month • The company is offering employees flexibility where they are supporting vulnerable family members, without any risk to their salary • Casual or Fixed Term Contracts that are due to end have been extended to May 31st, giving these workers an additional buffer Backup for the supply chain Peter continued: “We employ around five thousand people, but more than double that number work in our supply chain. We’re doing all we can to extend our support to that workforce too, as we know how much we will need them when we emerge from the pandemic.” Steps taken to support the supply chain include: • Reducing the time taken to make payments, releasing more than £5million in March alone • Helping to support and advise many small and medium-size suppliers with access to advanced procurement opportunities • Supporting staff within some supply chain companies who have been hit with pay reductions by their employer
Peter said: “I’ve been humbled by the sometimes heroic efforts of both the Anglian Water workforce, and those all across the region we look after, as they simply try to keep our networks running and our communities safe. We will continue to do all we can to support them.” Details of how to apply for support from the Anglian Water Positive Difference Fund will be released shortly. Any customer who has difficulty paying their bill should contact the company as soon as possible on 0800 169 3630.
The Government announced the Coronavirus Job Retention Scheme (“the Scheme”) on 20 March 2020, as part of the range of measures put in place to support businesses during the Covid-19 pandemic. The aim of the Scheme is to avoid redundancies by employers whose operations have been severely affected by coronavirus. The official guidance to the scheme for employers, and for employees confirms that employers can ‘furlough’ workers, which is an unknown term in UK Employment Law, but describes a situation where a worker remains employed but is not provided with any work.
Information for Employers: 1) Which businesses can use the Scheme? Any UK organisation that had PAYE payroll in place by 28 February 2020 can make a claim under the Scheme. Eligible organisations can include businesses, charities, recruitment agencies (if they have agency workers on PAYE) and public authorities. The Scheme is due to be live by the end of April and has initially been put in place for three months, backdated to 1 March 2020, but can be extended. 2) Who can be furloughed? Workers who were on an employer’s payroll for PAYE purposes as of 28 February 2020 can be furloughed, but this is likely to exclude many workers in the gig economy. The Guidance does not state that evidence that a worker would otherwise have been made redundant will be required, but it does say that “HMRC will retain the right to retrospectively audit all aspects of your claim”. Any worker whose employment was terminated after 28 February can be rehired and furloughed, but there is no obligation on employers to re-hire a worker whose employment has been terminated. 3) Does the Scheme cover workers on reduced hours? No. A furloughed worker is someone who remains employed but who is not provided with any work. This means that the worker cannot undertake any duties which provide a service to or generate revenue for their employer whilst furloughed, although training can be undertaken. 4) Can workers who are on sick leave be furloughed? The Guidance confirms that workers who are on sick leave, or self-isolating in accordance with the advice issued by Public Health England, and receiving statutory (or contractual) sick pay, can be furloughed. 5) What will the employee be paid during furlough? Employers will be provided with a grant by the Government for workers who are furloughed, to cover 80% of workers’ wages, capped at £2,500 per month. Employers are not obliged to top up the difference but may decide to do so – if not then the workers would need to agree to the reduction in pay. The Guidance states that employers can claim an additional grant to cover associated Employer National Insurance Contributions (NICs) and minimum automatic enrolment employer pension contributions. 6) Can employers just tell employees that they are being furloughed? In most cases, no. Many employment contracts will not have made provision for a worker to be laid off on this basis and therefore the employer will need to seek the worker’s agreement to vary their terms, particularly to reduce their pay. 7) How should employers select which workers to furlough? In many cases employers who are operating at reduced capacity will need to select which workers to furlough. This could create problems if either too few or too many workers want to be furloughed. The Guidance does not set out how an employer should select the workers that it furloughs, but employers must remember that they will continue to be bound by general employment law, particularly discrimination. 8) Can workers come on and off furlough? Yes. The Guidance states that while a worker must always be placed on furlough for a minimum period of three weeks, they can be placed on furlough more than once. 9) What records do employers need to keep? The Guidance states that employers can only make a claim if they have provided workers with written confirmation that they are furloughed. It is therefore strongly recommended that a “Furlough Agreement” is put in place to cover the terms upon which the worker is furloughed. 10) Can employees take annual leave whilst they are furloughed? As yet, the official Guidance) does not make specific provision for this, but ACAS guidance and HMRC’s customer services team suggest that this will be possible and that it should be paid at 100% of normal salary. If this is correct, then it is assumed that the employer will have to top up the pay for such holiday from 80%, but at the time of writing, this is yet to be confirmed. Information for Employees: 1) Who can be furloughed? Workers who were on an employer’s payroll for PAYE purposes as of 28 February 2020 can be furloughed, but this is likely to exclude many workers in the gig economy. Any worker whose employment was terminated after 28 February can be rehired and furloughed, but there is no obligation on employers to re-hire a worker whose employment has been terminated. 2) Can you just work reduced hours? No. A furloughed worker is someone who remains employed but who is not provided with any work. This means that you cannot undertake any duties which provide a service to or generate revenue for your employer whilst furloughed, although training can be undertaken. 3) Can you be furloughed if you are on sick leave? The Guidance confirms that you can be furloughed, even if you are on sick leave or self-isolating in accordance with the advice issued by Public Health England and receiving statutory (or contractual) sick pay. 4) What will you be paid during furlough? Employers will be provided with a grant by the Government for workers who are furloughed, to cover 80% of your wages, capped at £2,500 per month. Employers are not obliged to top up the difference but may decide to do so – if not then you would need to agree to the reduction in pay. 5) Can your employer just tell you that you are being furloughed? In most cases, no. Many employment contracts will not have made provision for a worker to be laid off on this basis and therefore the employer will need to seek your agreement to vary your terms, particularly to reduce their pay. However, this is likely to be the more attractive alternative to redundancy. 6) Can you demand to be furloughed? No. Under the Scheme, the decision to designate a worker as furloughed and claim the grant from HMRC can only be made by the employer. You do not have an explicit right to put yourself on furlough, even if you have caring responsibilities or cannot work from home. 7) How should employers select which workers to furlough? If employers are operating at reduced capacity, they may need to select which workers to furlough. When selecting which workers to furlough, employers will be bound by general employment law, including discrimination in particular. 8) Can workers come on and off furlough? Yes. The Guidance states that while you must always be placed on furlough for a minimum period of three weeks, you can be placed on furlough more than once. 9) Can you work elsewhere whilst you are furloughed? The Guidance states that you can do volunteer work and/or undertake work for a new employer whilst furloughed, provided that your contract of employment allows you to work elsewhere. However, you cannot provide a service to or generate revenue for your employer or any organisation linked to your employer. This means that you could receive up to 80% of your wages from your existing employer, in addition to the wages you receive from a new employer. 10) Can you take annual leave whilst you are furloughed? As yet, the official Guidance does not make specific provision for this, but ACAS guidance and HMRC’s customer services team suggest that this will be possible and that it should be paid at 100% of normal salary. If this is correct, then it is assumed that the employer will have to top up the pay for such holiday from 80%, but at the time of writing, this is yet to be confirmed. For any Employment Law advice or more information on furloughing, contact Carla Gowing at [email protected]