8th April 2020
Furlough – Getting it right
It is a great initiative for businesses but beware of misinformation
There has been considerable attention given to the Chancellor’s assistance to employers in the current pandemic. Specifically, employers have been offered a grant where those employers adversely affected by the COVID-19 outbreak have had a downturn in work for their staff. The assistance available is where the employees that might otherwise have been subject to layoffs or even redundancy can be placed on “furlough”.
Furlough is a new concept under UK employment law. While the government have given some guidelines about how the scheme will work, there is a lack of clarity and that has led to a certain amount of misinformation out in the marketplace. While perhaps not as concerning as the kind of misinformation that the Corona virus was caused by 5G, it is not particularly reassuring for employers needing to make difficult decisions affecting their business in the most trying of circumstances.
As if that were bad enough, one of the few clear elements of the scheme is that the portal for the operation of the furlough grant (through HMRC) will not be available until the end of April. What that means is that the application for the grant cannot be made until then. As a result, the funds for the grant may not come through until at least the greater part of May.
The obvious issue is that the decisions that need to taken now to place employees on furlough must be made correctly otherwise the grant will not be available. However, an employer will not know that until much later when the portal is ready for applications but where the decision to place an employee on furlough will have already been made and implemented. So, the first you might hear that you have done things incorrectly will be at least a month or possibly even longer, and if things were not done properly in the first place, you will be left with the wages bill anyway with employees not working at all.
The important thing (as in most things affecting businesses at this time) is to get the right advice. At Buss Murton, we have been looking into the detail of the furlough process carefully. If you are considering this step with your business, then do get in touch and see how we can help you in this stressful period.
Profile
Alex leads the Company/Commercial team at Buss Murton. He joined the firm in 2012 from his own boutique corporate firm that he started up in 2010, bringing with him 20 years’ experience in leadership positions as in-house corporate counsel for such companies as FremantleMedia Limited (the makers of the X Factor and Grand Designs) and as Head of Corporate Strategy and General Counsel for the Jamie Oliver group of companies. Educated in New Zealand and the UK, and having worked with global organisations, Alex has gained significant experience, and led and contributed to high profile international media acquisitions and business strategy.
As a result, Alex is not only able to advise on the legal aspects of an enterprise’s business, but is also able to bring a unique perspective having been involved in the operational aspects of those enterprises. In addition to these insights, Alex has also been at the heart of a number of change management projects, and led transformation and integration initiatives.
With this wealth of experience, Alex can advise on a broad spectrum of company and commercial law. These include corporate and business acquisition and disposals, debt financings, corporate finance, insolvency, restructuring, and corporate governance right through to employment (non-contentious and contentious), commercial contracts, agency arrangements, data protection and intellectual property.
Alex brings to the firm the passion he also exhibits in his interest in sailing and classical guitar. Originally qualifying in New Zealand, he still supports the All Blacks (and everyone else playing Australia). He qualified as a solicitor in the UK in 1990 and obtained a Masters of Law from the London School of Economics in 1991. He regularly speaks on subjects such as the legal and business impacts of social media, data protection and cybersecurity.
Expertise
Company Commercial
Incorporations
Corporate and business acquisition and disposals
Debt financings
Corporate finance
Insolvency
Restructuring
Corporate governance through to employment
Shareholder agreements
Cross Option arrangements
LLP Incorporation
LLP Agreements
Employee shareholder arrangements
Commercial contracts
Agency arrangements
Intellectual property
Exploitation and protection
IT and website development
Data protection
Franchising
Dispute resolution
Employment
Employment contracts
Service contracts
Settlement agreements
Redundancy
Disciplinary and grievances
Staff handbooks
Business reorganisation and redundancy
Employment Tribunal claims
Dismissals
Consultancy agreements
Transfer of Undertakings (Protection of Employment) Regulations
Employee share schemes