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COVID-19 Legal Hub
Together, we’re facing truly unprecedented times with COVID-19 (Coronavirus). With the situation changing daily, our solicitors remain dedicated to fighting for justice and providing you with up-to-date and practical legal knowledge. We’re regularly updating our dedicated COVID-19 Legal Hub with topical blogs and articles from our experienced legal teams. Be sure to check the page for regular updates and follow us on Twitter, Facebook and LinkedIn.
The economic impact of Coronavirus represents an opportunity for fraudsters. Please be aware of scammers using the names of legal professionals in an attempt to make their communications appear legitimate – be extra vigilant! If you’re ever unsure or something doesn’t seem right, you would be wise to check with the organisation.
Government extends eviction ban once again
Posted on 17th February 2021
Concerned, anxious, uncertain. A few words to describe an insight as to how tenants have felt in England since the start of the Coronavirus Pandemic. The Government delivers a strict message to stay at home to avoid the spread of the virus, yet provides loopholes and provisions for tenants to in fact, be evicted from their homes and be street homeless.
Disrepair during lockdown 2021 – what should tenant’s expect?
Posted on 21st January 2021
The new lockdown enforces a strict ‘stay at home’ order and closes many businesses except those who provide essential services. People are required to stay at home in all but a limited number of circumstances including essential shopping, seeking medical attention or exercise. What are the rules on repairs taking place?
Are demotions an alternative to redundancies in a post-Covid workplace?
Posted on 18th January 2021
During a restructure, employers may offer to demote employees as an alternative to a dismissal for reason of redundancy. Our Employment Law team looks at the legality and practicality of this approach in this latest blog.
Eviction ban extended until 22 February 2021
Posted on 13th January 2021
On 20 November 2020, Hodge Jones & Allen posted a blog explaining that there would be a temporary ban on most evictions until 11 January 2021, as a result of the ongoing Covid-19 pandemic.Despite the clear severity of the situation and despite numerous calls from charities and campaigners to extend the ban on evictions, the decision to do so was only announced on 8 January 2021, three days before the planned end. And even then, the ban has only been extended until 22 February 2021.
Covid fraud: HMRC and the ‘Eat Out to Help Out’ scheme
Posted on 15th December 2020
The Government launched the ‘Eat Out to Help Out’ (EOTHO) scheme on the 3rd August 2020 to boost the hospitality sector which had suffered heavily from falling revenues during the first lockdown. This easy to access scheme, saw claims made for over 100 million meals at an estimated cost to the Treasury of a staggering £522 million. Unsurprisingly - as with furlough - there are concerns that businesses may have wrongly benefitted from the regime and fraudulent claims...
Homelessness Under Lockdown
Posted on 26th November 2020
It is shocking to realise that in the current day and age we are witnessing an increasing number of individuals in the process of becoming homeless or sleeping rough in the UK, the 6th biggest economy in the world in terms of GDP.
Returning to work with a vulnerable household - should employees consider associative discrimination?
Posted on 12th November 2020
The government’s recent announcement to extend the furlough scheme through to March 2021 may offer a temporary reprieve for some, but whilst the risk of coronavirus remains, the issue of being asked to return to work will continue to weigh heavily on the minds of many, especially those who care for or live with someone who is vulnerable.
Extension of the Furlough Scheme to 31 March 2021; Updated 17 November 2020
Posted on 6th November 2020
On 31 October, the Coronavirus Job Retention Scheme, better known as the ‘furlough scheme’ was due to end and be replaced from 1 November with the less generous Job Support Scheme. Following an eleventh-hour announcement that the government intended to enforce a second lockdown in England, which began on 5 November 2020 and is anticipated to continue until 2 December 2020 the government announced that the furlough scheme would be extended.
Relaxation of the holiday carry-over rules during COVID-19 pandemic
Posted on 21st October 2020
In an effort to support key industries during the COVID-19 crisis the Government announced a temporary relaxation of the rules on carrying over untaken holiday. The new rules will allow employees and workers to carry over up to 4 weeks’ paid holiday into their next 2 holiday leave years. This will apply where workers have not been able to take their statutory annual leave entitlement due to coronavirus.
Signing a will using video conferencing – a great new option or only a last resort?
Posted on 15th October 2020
During the Covid 19 crisis, many more people have been thinking about writing or changing their will. But a major concern has been how to get the will witnessed correctly during a time when we are all supposed to be socially distancing and in some cases socially isolating.
How to stay safe at the gym post-lockdown
Posted on 8th October 2020
As gyms across the country are reopening under new guidance, many have started to make a return to indoor exercise. It may well be that you’ve changed your routine and found plenty of ways to exercise at home and outside, but if you are planning on returning to the gym you should expect to see new safety measures in place and should consider extra precautions to keep yourself safe.
Coronavirus and Leasehold Properties
Posted on 30th September 2020
In March 2020, emergency legislation helped to assist with the Covid-19 Pandemic situation that faced many of those in rented accommodation. However, no such assistance was given to leaseholders to assist with payment of their service charges, ground rent or payments arising from their leases. Many homeowners have found difficulties, and are likely to still face further difficulties in complying with their leasehold obligations as set out in their leases. In the absence of any legislative changes or concessions, many homeowners are worried about losing their home or investment property.
Redundancy: What obligations does an employer have to find suitable alternative employment?
Posted on 3rd September 2020
With employer contributions to the Coronavirus Job Retention Scheme ramping up over the coming months, many employers are having to make the difficult decision to reduce their staffing levels. As a result of these changes many employees have or fear that they will be placed at risk of redundancy. Many clients whom we deal with in this situation will be told by their employer that they have checked current vacancies and unfortunately there are no suitable alternative roles which can be offered. Is this enough? Is this all that is required in a fair redundancy process. This blog provides a more detailed consideration of the rather nebulous duty of considering suitable alternative employment.
Enforcing debts and the impact of Covid-19
Posted on 26th August 2020
The UK government has brought in measures to avoid people being hit hard with the consequences of debt, but that has to be balanced against the need now more than ever for people and businesses to be able to recoup monies owed for much needed cash flow. We have a look at some of the enforcement measures and how the pandemic has impacted on its application.
Can Landlords Still Use The COVID-19 Pandemic To Delay Repairs To My Property?
Posted on 19th August 2020
When the Government’s lockdown response to the pandemic was first actioned in March of this year, it was to be expected that any repairs that landlords had agreed to make to a tenant’s home could be delayed during the initial six week lockdown and possibly thereafter. Whilst the threat of transmission undoubtedly continues, and is likely to for some time, can a landlord still call upon COVID-19 as an excuse to obfuscate repair obligations under the Landlord and Tenant Act 1985?
Possession claims set to return as government stay expires
Posted on 3rd August 2020
The coronavirus pandemic has left the UK battered and bruised, with the economic, social and personal effects of the virus felt throughout the nation. The ongoing economic fallout has left tenants across the country out of work and unable to meet rental arrangements. To tackle this fragile situation, the government introduced a temporary stay on possession claims earlier this year. However, despite initially extending the scheme back in April 2020, the stay on possession claims is due to expire later in August.
Furlough Fraud and the Finance Act 2020
Posted on 28th July 2020
The coronavirus pandemic (COVID-19) detrimentally impacted not just public health, the NHS and other vital public services, but the economy as a whole. As quickly as the government acted to try and save jobs, they have been equally quick to act in response to concerns about furlough fraud. In order to investigate allegations, HMRC will be given a wide range of powers. There is a 90 day amnesty, within which a business or individual can avail themselves of this leniency through making a report.
Relationship Breakdown in the Aviation Industry
Posted on 17th July 2020
Coronavirus has been brutal on the aviation industry. First planes were grounded and now there is the spectre of mass redundancies. The New Economics Foundation (NEF) estimates that at least 70,000 jobs in the aviation field – including engineering, catering and duty free shopping – are at risk before the end of summer.
Redundancies and restructuring of the workplace following COVID-19
Posted on 14th July 2020
The Coronavirus Job Retention Scheme announced on 20 March 2020 has undoubtedly been a lifeline for many employers and businesses in supporting their workplace. However, despite its extension to 31 October 2020 it is clear that employers are having to make difficult decisions about their workforce for the future. These decisions could include considering redundancies and any such redundancy procedures will need to be adapted in light of Coronavirus. We have provided guidance below on some common queries and misconceptions...
Execution of documents during Covid-19
Posted on 1st July 2020
Legal documents generally require signatures to have binding effect, such as contracts/agreements, court documents, and deeds. There are also rules on how and who can execute certain types of legal documents. This has all come under the spot light recently with the difficulties posed by COVID-19, the lockdown and need for social distancing.
Child Maintenance during Covid-19
Posted on 23rd June 2020
The furloughing scheme was introduced on 1 March 2020 and will end later this October. In reality this means that a lot of people who have been furloughed will be on a reduced income, some may have been made redundant in the interim or redundancy may be a real prospect facing some. How does this effect people who have been furloughed and use the Child Maintenance Scheme?
The duty to investigate COVID-19 deaths in the UK care sector
Posted on 22nd June 2020
Despite the Chief Scientific Adviser reportedly warning3 the Government as early as January 2020 that the care sector in the UK was particularly vulnerable to COVID-19, it has been accused of -neglecting care homes and failing to promptly implement necessary measures. Many of the bereaved families of frontline workers and residents are now looking for answers as to how and why their loved ones were put at risk, despite the Government’s knowledge of the threat posed.
Evictions update - Practice Direction 51Z to be extended for a further 2 months until 23 August
Posted on 19th June 2020
On 5th June an announcement was welcomed by tenants across the UK, extending the stay of all possession proceedings against tenants or mortgagees for a further 2 months. The stay was initially to be lifted on 25 June, the approach of which was causing some concern to those who are living in unstable housing and housing practitioners alike.
Coronavirus Job Retention Scheme: Flexible Furlough
Posted on 19th June 2020
The government has published its latest set of guidance on the Coronavirus Job Retention Scheme on 12 June 2020. It has set out how flexible furlough will work, as well as the pathway to the phasing out of the scheme over the next few months. This blog summarises the key changes to the scheme.
Have you been offered a Settlement Agreement as result of the Coronavirus?
Posted on 18th June 2020
Businesses and employers are adapting to a new way of working and many are faced with having to make difficult decisions to let employees go. As a result, we are seeing a significant rise in individuals being offered Settlement Agreements by employers.
Self-Employment Income Support Scheme: What’s the status?
Posted on 9th June 2020
Following the scheme going live there have been some new announcements from the Chancellor, updated guidance and HMRC clarification on how the scheme can be accessed by those who are self-employed and have seen their livelihoods affected by the pandemic.This blog summaries the key developments to the scheme and clarifications over the last two months.
Coronavirus Job Retention Scheme: What’s the status?
Posted on 5th June 2020
Since then there have been some new announcements from the Chancellor, some updated guidance and a Second Treasury Direction from HMRC clarifying some of the details of the scheme and what is going to happen over the next couple of months.This blog summarises they key developments and clarifications over the last month.
Support for children with brain injuries during Covid-19
Posted on 4th June 2020
The Covid-19 pandemic has changed everybody’s life since lockdown came in to effect in March. People are working from home, children are being home-schooled, and movement has been severely restricted.
The impact of COVID-19 on inquests
Posted on 3rd June 2020
Many inquests, in common with many other types of hearings, have had to be adjourned as a result of COVID-19, particularly where a jury is involved. The Chief Coroner of England and Wales issued guidance to coroners, stating inquests which were due to begin between 31 March and 28 August 2020 and involved a jury had to be adjourned. Pre-inquest reviews are being adjourned too, meaning further delays are being caused to more complex cases.
Phased opening of schools- What does it mean during these uncertain times?
Posted on 29th May 2020
As half term draws to an end, there will be many parents contemplating whether to send their children to school for the summer term. At present, if parents decide not to send their children to school, even if their year group are part of the Governments phased plans to return, they will not be fined for non-attendance at this time.
Practice Direction 51Z – The stay of possession proceedings expires on 25 June 2020
Posted on 28th May 2020
There is scope within the Direction for the stay to continue until 30 October 2020. It is perhaps unlikely that the stay will be extended all the way until then, this would be another five months and it is not apparent that deaths and infection risks due to COVID-19 will continue this late into the year. To prevent an unworkable backlog of cases it is likely that hearings will proceed remotely.
Managing as separated parents during Covid-19
Posted on 27th May 2020
Covid-19 presents challenges for all separated parents whether they were previously married or cohabiting. It may be particularly hard for unmarried parents, who have relied on informal agreements as to the care of the children. The key concerns for parents are likely to be a possible reduction in child maintenance due to a loss of income and managing the contact arrangements during lockdown.
The coronavirus rent crisis – is rent suspension required?
Posted on 26th May 2020
It is not clear at this stage whether the government will extend the 90 day suspension of possession claims, which is due to expire at the end of June 2020. What is clear is that during the period of lockdown many renters will have been put in a precarious and unstable position and rent arrears will have increased dramatically.
Subject Access Requests during Covid-19
Posted on 21st May 2020
As a result of GDPR, everyone has the right to ask any organisation whether or not they are storing any personal information. Issuing a Subject Access Request normally means the recipient has up to one (calendar) month to comply with the request.But what are the challenges for organisations seeking to comply with the normal rules during the global Covid-19 pandemic?
What can I do If my neighbours are not social distancing?
Posted on 19th May 2020
Since the lockdown, incidents of anti-social behaviour across the country have increased with reports of people flouting the social distancing rules. This has resulted in the police and social landlords being required to take action to enforce the regulations.
When should inspections in disrepair cases proceed in light of the COVID-19 lockdown?
Posted on 18th May 2020
Following the outbreak of the Covid 19 pandemic, the government has released new guidelines relating to the way in which possession and disrepair cases need to be progressed.The focus of the changes are that landlords and tenants take a pragmatic, common-sense approach to resolving issues.
How COVID-19 is affecting asbestos-related disease sufferers
Posted on 13th May 2020
We look at how the COVID-19 pandemic is affecting those with pre-existing or undiagnosed asbestos-related conditions.As the NHS is under intense pressure to treat patients affected by COVID-19, Cancer Research UK and other charities are highlighting the impact this pandemic is having on cancer diagnosis, treatment and other services.
Coronavirus: making the workplace ‘COVID-19 secure’ for employees returning to work
Posted on 13th May 2020
Following Boris Johnson’s announcement on Sunday 10 May 2020, that workers and employees should return to work if they cannot work from home, there have been many questions on everyone’s mind. These include: ‘is it safe for me to return to work?’; ‘can my employer force me to return to work?’; ‘how do I avoid contracting the virus?’ and many more. Despite the published guidance many questions remain. Read our thoughts on some of those unanswered questions.
Special coronavirus specific advice has been issued for landlords.
Posted on 12th May 2020
Right to rent checks have been temporarily adjusted due to coronavirus (COVID-19), to make it easier for landlords to carry them out.
The importance of judicial review in protecting the rights of people with disabilities during the COVID-19 pandemic
Posted on 11th May 2020
The Government is rapidly reforming its powers to respond to the COVID-19 pandemic and introducing, and subsequently updating, legislation and guidance aimed at limiting the spread of the virus. This is having serious implications for the rights of people with disabilities.
Domestic abuse and COVID-19: Family courts deal with domestic abuse as a priority
Posted on 7th May 2020
Domestic abuse is dealt with by the courts in a number of ways. Under criminal law, perpetrators can be prosecuted for violent offences such as assault, battery or sexual offences, and since 2015 the offence of controlling and coercive behaviour.
Unlawful evictions during COVID-19 pandemic
Posted on 30th April 2020
In most cases, your landlord cannot evict you without first serving notice, obtaining a possession order form the court and obtaining a warrant for eviction. If a landlord excludes you from the property without having first gone through this necessary legal process, this is an Unlawful Eviction. This is set out by the Protection from Eviction Act 1977 which applies to secure tenants, assured tenants, assured shorthold tenants and many of those with less secure tenancy agreements.
Policing the coronavirus: protecting the collateral victims
Posted on 24th April 2020
The lockdown is a perfect storm for victims of domestic abuse: being in a confined space with an abuser, with the added pressure of financial worries, increases the risk of violence and makes it more difficult for victims to seek help.
COVID-19: Possession Proceedings and New Practice Directions
Posted on 22nd April 2020
Tenants or home-owners who are unable to work during the pandemic potentially face the prospect that the non-payment of rental or mortgage repayments could warrant possession proceedings being brought by their landlord or mortgage lender. It is therefore welcomed that the Court has issued an additional Practice Direction to Part 55 of the Civil Procedure Rules, which deals with residential possession proceedings…
Coronavirus Job Retention Scheme (Furlough Leave) – What You Need To Know! - Updated 21 April 2020
Posted on 21st April 2020
The Coronavirus Job Retention Scheme was announced on 20 March 2020 to provide security for employees over the coming months in light of the current crisis. The scheme provides a mechanism that allows businesses to retain employees without the need for them to work and for those employees to still receive a minimum level of their salary. The scheme’s purpose is to reduce the amount of redundancies and avoid employees being laid off without pay.
COVID-19: How The Global Pandemic Is Impacting Our Prison Population
Posted on 9th April 2020
The COVID-19 pandemic has forced the UK government to rapidly introduce new legislation to curtail its spread. No. 10 have insisted that these measures are necessary to protect high risk and vulnerable people. However, some of the most vulnerable individuals in society seem to have been largely neglected from this discourse; those currently detained in prison.
Government Support For The Self-Employed Impacted By Coronavirus - Updated 6 April 2020
Posted on 6th April 2020
In response to mounting and more vocal concern, the Government has announced the Self-Employment Income Support Scheme, a world leading scheme to assist millions of self-employed individuals in the UK. So what is the Self-Employment Income Support Scheme?
COVID-19: Extreme Vulnerability For Asbestos Disease Sufferers
Posted on 5th April 2020
Our clients who are living with asbestos diseases fall into the category of people classed by the Government as “extremely vulnerable” and who are currently being shielded during the COVID-19 crisis. We understand that this is a very distressing time as they are having to make deeply personal decisions about whether or not to risk attending hospital to get the cancer treatment they so desperately need.
Demand For Wills Jumps 76% In Two Weeks Due To Coronavirus
Posted on 31st March 2020
As the UK begins to adjust to the “new normal” that we face amidst the COVID-19 pandemic, many families are approaching their affairs with an increased sense of reflection and pragmatism. In the Wills and Probate sector, this has manifested itself in a significant increase in clients looking to update or create their will.
NICE Amends COVID-19 Critical Care Guideline After Judicial Review Challenge
Posted on 31st March 2020
A proposed judicial review challenge to the National Institute for Health and Care Excellence (‘NICE’) COVID-19 guideline for clinical care has secured important changes to protect the rights of people with autism, learning difficulties and mental disorders from unjustified discrimination in access to critical care during the coronavirus pandemic.
Coronavirus Act 2020: are renters really safe?
Posted on 31st March 2020
With comments from the Prime Minister in the House of Commons saying that they would be passing legislation to protect private renters during the Covid-19 epidemic you would hope that people could sleep easier in their beds at night during this national crisis.
Coronavirus (COVID-19) FAQ’s – For Employees
Posted on 26th March 2020
During these unprecedented times, there are a number of questions on every employee’s mind about what might happen to their employment in the coming weeks/months. Read our Employment team's COVID-19 FAQs for employees.
Coronavirus (COVID-19) FAQ’s – For Businesses
Posted on 26th March 2020
As the Coronavirus pandemic unfolds, businesses across the UK are entering uncharted territory. From self-isolation to sick pay, read our Employment team's COVID-19 FAQs for businesses.
Keeping Calm & Carrying On: Wills & Probate Services During COVID-19
Posted on 26th March 2020
In these unprecedented times, the Private Client team here at Hodge Jones & Allen Solicitors wishes good health to everyone with the hope that life will return to normal as soon as possible. In the interim, we are very much still dedicated to helping those who require assistance, particularly those at risk who require assistance with their Will or Probate.
Legal Guidance for people placed at risk of redundancy- Here’s what you need to know
Posted on 26th March 2020
It can be daunting to be told you are at risk of redundancy. In such circumstances, it is helpful to understand what your rights are, as well as, your employer’s obligations towards you.Redundancy can be a lawful reason to terminate someone’s employment. However, just because an employee is told she is being made redundant, does not mean that a dismissal resulting will be automatically lawful.
How does a rent suspension clause work?
Posted on 26th March 2020
A lease or tenancy agreement may contain a clause which suspends the rent in the event that the property becomes uninhabitable. The clause may state that there should be a suspension of the whole of the rent, or sometimes part of the rent, subject to how much of the property is usable.
Self-isolation without a home – an impossible task
Posted on 26th March 2020
Whilst the Government continues to announce ever stricter measures for the UK’s population to help stop the catastrophic spread of the virus sweeping the globe, the consistent message to all has been to stay in our homes. This advice is impossible to follow for those who are homeless and sleeping rough, not to mention the estimated 70,400 people who are relying on friends and family to “sofa surf”. With households encouraged to stay indoors it can only be imagined the strain that these relationships are being put under.
Coronavirus and children moving between separated parents’ homes
Posted on 25th March 2020
As much of the country finds itself under “lockdown”, after the Prime Minister announced strict measures for leaving home on 23 March 2020, what is the position with children from separated families moving between households?
Changes to Section 21 (Housing Act 1988) Notice from 1 June 2019 – Updated March 2020
Posted on 25th March 2020
A Section 21 (Housing Act 1988) Notice is the first step a landlord would take to gain back possession of a property. It is a written notice to terminate an Assured Shorthold Tenancy on a ‘no fault’ basis (without providing a reason for wishing to take possession). There are new requirements under the Tenant Fees Act 2019 which can be seen in recent post about legal guidance for landlords and tenants on the Tenant Fees Act 2019.
Increased pressure on family life and relationships
Posted on 18th March 2020
We are living in a situation caused by the Coronavirus which for the vast majority of the population is unprecedented. Most of us will never have experienced anything in our lifetimes equivalent to the effect this pandemic will have on our lives. This is a time of massive uncertainty, of global concern, and soaring rates of infection. Many people’s lives at risk. The virus has severely affected the economy, which in turn has affected the income of a lot of people, and in some cases put their livelihoods at risk.
Legal implications of the coronavirus
Posted on 11th March 2020
The coronavirus (COVID-19) originating from China on 31st December 2019 has now infected over 100,000 people in over 100 countries with nearly 31,500 deaths. As at 8th March there was over 250 reported and confirmed cases in the UK with 3 deaths. The risk level has been raised from low to moderate and the UK government produced an action plan on 3rd March 2020 to deal with the growing epidemic.
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