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Post Lockdown Survival Kits for Businesses

Business owners are starting to think about what their business will look like post, and during, a relaxed lockdown. In addition to the logistics of implementing social distancing and managing staff who refuse to return, many are considering increased homeworking, reduced hours and, unfortunately, in some cases redundancies.

To help support businesses with these adjustments and with a view to keeping costs to a minimum, we have developed a number of fixed price packages. We understand that cash flow is going to be at the forefront of business owner’s minds and that this must be balanced against minimising the risk of claims from employees.

Please be aware, if you are proposing to dismiss 20 or more employees by reason of redundancy within a 90 day period, or to vary the contracts of 20 or more employees (where you propose to dismiss any employees who do not accept the change to their contract) you will have triggered what is known as Collective Consultation. Collective Consultation is triggered once a business “proposes to dismiss 20 or more” so it is vitally important to take advice as early as possible. One of the obligations is to notify the Secretary of State and failure to do so is a criminal offence, while dismissals cannot take place for a period of at least 30 days.

On 12 May 2020, Rishi Sunak announced the next stage of the Coronavirus Job Retention Scheme. The Scheme will be extended for four months until the end of October 2020 and there will be no changes to the scheme until the end of July 2020. This is welcome news for both employers and employees and an improvement on the rumours that the grant would be reduced to 60%. Beyond July 2020, there will then be greater flexibility including the ability to bring furloughed employees back on a part-time basis. We await further details in this regard including whether there will be any relaxation of the Collective Consultation requirements. Either-way, employers will need to ensure they comply with UK employment legislation when re-introducing staff whether on full or reduced hours.

Here at Wolferstans we have a specialist team with experience of these processes and can tailor our offering to the needs of your business.

Homeworking Policy – £75 plus VAT

Variation to Contracted Hours Letter and a step by step guide £150 plus VAT or £500 plus VAT to include unlimited advice and support (less than 20 employees only) until the variations are introduced.

Settlement Agreements and a step by step guide to protected conversations – £250 plus VAT or £500 plus VAT to include any subsequent negotiation following the initial offer.

Redundancy Pack (less than 20 employees) and a step by step guide – £500 plus VAT or £1,000 plus VAT for full and unlimited advice and support until the conclusion of the redundancy exercise.

The basic package includes each of the following template documents in addition a step by step guide:

  • Template Business Plan to include example criteria for selection;
  • At Risk Letter;
  • Provisional Selection Letter;
  • Confirmation of Redundancy Letter;

Redundancy Pack (20 or more employees) and a step by step guide – £1,000 plus VAT or £2,000 plus VAT for full and unlimited advice and support until the conclusion of the redundancy/variation process.

The basic package includes each of the following template documents in addition to a step by step guide:

  • Election kit to include notice of election, ballot form, nomination form, notice inviting nominations, notice of ballot, election result;
  • Letter to Elected Representatives re their role;
  • Letter to Elected Representatives re commencing consultation and containing relevant information;
  • Template Business Plan to include example criteria for selection;
  • At Risk Letter;
  • Provisional Selection Letter;
  • Confirmation of Redundancy Letter;

Who is allowed to go to work?

The Government has confirmed that if employees can work from home they should continue to do so, and where that is not possible, employees “should” travel to work if their workplace is open, Covid-secure and social distancing can be observed.

In a FAQ document issued on 11 May 2020, the Government advised:

In the first instance, employers should make every effort to support working from home, including by providing suitable IT and equipment as they have been already. This will apply to many different types of businesses, particularly those who typically would have worked in offices or online.

The full document can be found here https://www.gov.uk/government/publications/coronavirus-outbreak-faqs-what-you-can-and-cant-do/coronavirus-outbreak-faqs-what-you-can-and-cant-do

Guidelines for Employers

The Government has also issued 8 guides to help employers, employees and the self-employed understand how to work safely during the coronavirus pandemic. The guides cover:

  • Construction and other outdoor work;
  • Factories, Plants and Warehouses;
  • Homes;
  • Labs and research facilities;
  • Offices and contact centers;
  • Restaurants offering takeaway or delivery;
  • Shops and branches;
  • Vehicles

The guides make it clear that employers have a legal responsibility to protect employees in addition to managing and reducing risk, one of the identified objectives is for all businesses to have undertaken and published a COVID-19 Risk Assessment. There are further sector specific recommendations including in relation to cleaning, washing hands and equipment, limiting activity times, how to interact with customers/clients, PPE and whether certain activities should be undertaken at all.

The full guides can be found here https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19