The Information Commissioner's Office has issued guidance for UK employers on COVID-19 testing as a condition for returning staff to the workplace. This guidance looks at testing in the context of employee consent, GDPR compliance, the use of thermal cameras and testing alternatives, among other areas.
Read our guidance: ICO Issues Guidance on Workplace Testing (UK) - May 20, 2020
UK employers will need to continue to monitor and address workers' holiday arrangements carefully as the longer that restrictions on attending work and travelling generally stay in place, the greater the potential for disputes and HR issues more generally in relation to holiday. How employers encourage or require workers to take holiday during lockdown or furlough and how they manage the pent up demand for holiday once travel and other restrictions are lifted, will need careful planning, management and communication.
Read our guidance: Further Guidance on Holiday Entitlements (UK) - May 15, 2020
The UK Government has announced that the Coronavirus Job Retention Scheme will be extended by four months until the end of October 2020. Through July 2020, there will be no changes to the Scheme and employers will continue to be able to apply for reimbursement of 80 percent of wage costs. From August to October 2020, the Scheme will enable employers currently using the Scheme to bring employees back to work part-time.
Read our guidance: UK Coronavirus Job Retention Scheme to be Extended Until the End of October 2020 (UK) - May 12, 2020
The UK Government has published new guidance intended to help employers, employees and the self-employed understand how to work safely during the COVID-19 coronavirus pandemic in relation to various types of workplaces. This new guidance applies to businesses which are currently open and also includes guidance for shops which may be permitted phased reopening at the earliest from 1 June 2020.
Read our guidance: UK Government Issues New Guidance for Employers on Working Safely During the Coronavirus Pandemic (UK) - May 12, 2020
The Equality & Human Rights Commission (EHRC) issued guidance this week on equality and discrimination issues during the COVID-19 pandemic. This OnPoint summarizes the guidance recommendations and flags the risks that employers face as they continue with planning for the eventual return to the workplace for those currently working remotely.
Read our guidance: EHRC Guidance on Equality and Discrimination Issues (UK) - May 6, 2020
UK employers must now consider how to deal with a variety of workplace issues as they pertain to planning for the end of lockdown.
Read our guidance: Planning for the End of Lockdown (UK) – May 1, 2020
The French government announced the end of the lockdown by May 11. In this OnPoint, we present the answers to five questions that all employers need to consider when preparing for the return of employees to the workplace.
Read our guidance: Resumption of Activity in France (France) - April 30, 2020
The updated guidance addresses holiday entitlement and holiday pay during periods of furlough for the purposes of the Scheme along with some other points of detail.
Read our guidance: UK Coronavirus Job Retention Scheme – holiday entitlements, making claims and more updates (UK) - April 20, 2020
The Scheme will now be open until at least the end of June 2020. Employers will need to consider whether their current furloughing arrangements need to be updated – with employees' agreement – to run their furlough arrangements on to the new end date of the Scheme.
Read our guidance: UK Coronavirus Job Retention Scheme – Scheme Extended by One Month Until the End of June 2020 (UK) - April 17, 2020
The updated guidance highlights that the scope of the Scheme is extended to those employees who were on the employer's Pay As You Earn payroll as of 19 March 2020. Employers will wish to consider the updated guidance as well as the Direction in order to ensure that their claims under the Scheme are correct and that their arrangements with furloughed employees remain appropriate.
Read our guidance: UK Coronavirus Job Retention Scheme – qualification date changes to 19 March 2020 and further detail issued (UK) - April 16, 2020
Since our last OnPoint discussing these key employment provisions, the Department of Labor (DOL) issued a temporary rule governing the administration of the FFCRA's paid leave requirements. Additionally, the DOL and Internal Revenue Service have released guidance further interpreting the FFCRA provisions.
Read our guidance: The Families First Coronavirus Response Act: Employment Considerations for Non-Profit Organizations (U.S.) - April 14, 2020
The main additional points of clarification and detail confirmed in the updated guidance address immigration status, the no-work obligation, business transfers, payroll consolidation and more.
Read our guidance: UK Coronavirus Job Retention Scheme – Yet More Detail Confirmed (UK) - April 10, 2020
On April 2, 2020, President Putin issued an order which extended the period of non-working days until April 30, 2020 in an effort to combat the spread of Coronavirus. The Presidential Order also grants power to regional authorities to determine which organizations are exempt from the Presidential Order based on the health situation in a particular region.
Read our guidance: Non-working Days Extended Until April 30 While the Mayor of Moscow Issues Further Restrictions (Russia) - April 8, 2020
This OnPoint, which should be read in conjunction with our previous OnPoints, provides additional guidance on furloughed employees.
Read our guidance: UK Coronavirus Job Retention Scheme – more guidance issued (UK) - April 6, 2020
To help you navigate the different labor laws and regulations that governments have enacted during this critical time, Dechert’s Labor and Employment Practice has created the enclosed Q&A with key labor law developments in England and Wales, France, Germany and the United States.
Read our guidance: Employment Law Developments Q&A (U.S., UK and Europe) - April 3, 2020
The UK Coronavirus Act 2020 introduced the right to take emergency volunteering leave. This OnPoint discusses employees’ eligibility, exceptions, timing, procedural requirements as well as considerations for employers.
Read our guidance: Emergency Volunteering Leave (UK) - April 1, 2020
The Russian Government has clarified that the term “non-working days” in a previous Order does not apply to employees of organizations, and whose activities relate to “essential goods,” from manufacturers to trading companies.
Read our guidance: The Russian Government Provides Further Clarity to its COVID-19 Coronavirus-Related Measures (Russia) - March 31, 2020
The COVID-19 coronavirus pandemic is currently forcing employers to rethink their usual working practices and adjust those practices to challenging circumstances. As a result, the number of employees working from home has significantly increased over the past few weeks and will likely continue to increase. Several questions have arisen - regarding remote work and data protection - that an employer may now have to address.
Read our guidance: Critical Questions in Times of Increasing Home Office Work During the COVID-19 Pandemic – a German Law Perspective (Germany) - March 31, 2020
The following is an overview of key provisions of Russia's Order "On Declaring Non-Working Days in the Russian Federation," including who the order covers, how employees should be paid and which organizations are exempt.
Read our guidance: Russia Expands COVID-19 Coronavirus-Related Measures: The Impact on Employers and Employees (Russia) - March 27, 2020
Highlights of the most recent UK job retention announcement clarify the operation of the scheme, including which type of workers qualify and how long the furlough period lasts.
Read our guidance: UK Coronavirus Job Retention Scheme – further guidance issued (UK) - March 27, 2020
The Government's announcement last week of its Coronavirus Job Retention Scheme may have provided considerable encouragement to businesses and employees that financial support would be available from the UK Government to assist in staving off redundancies and other cost-cutting measures in businesses affected by the COVID-19 pandemic, but it left a large number of questions unanswered, many of which we address in the following Q&A.
Read our guidance: Coronavirus Job Retention Scheme – Q&A (UK) - March 26, 2020
The pervasive threat of the COVID-19 coronavirus pandemic, coupled with the ongoing duty to maintain a safe and healthy workplace, has left employers concerned about potential violations of federal anti-discrimination laws. In light of the pandemic, and in an effort to ensure U.S. employers remain compliant with workplace anti-discrimination laws, the Equal Employment Opportunity Commission has updated its 2009 guidance, "Pandemic Preparedness in the Workplace and the Americans with Disabilities Act."
Read our guidance: EEOC Offers Guidance to Employers During the COVID-19 Pandemic (U.S.) - March 26, 2020
In another step designed to relieve burdens on business during the COVID-19 coronavirus pandemic, the UK government is suspending enforcement of the obligation on UK employers of the requisite size to file gender pay gap reports for the reporting year 2019/2020. The question employers will need to consider is whether to abandon gender pay gap reporting for this year entirely or to defer making a report until circumstances render it easier to complete the work.
Read our guidance: Enforcement of UK Gender Pay Gap Reporting Suspended (UK) - March 25, 2020
As COVID-19 has attained pandemic status, United States employers must consider implementing and/or updating their emergency action and business continuity plans and should prepare for increased business disruption and employee absences.
Read our guidance: What Employers Need to Know About Navigating the Novel COVID-19 Coronavirus Threat (U.S.) - March 23, 2020
Reforms to the off-payroll working rules (known as IR35) have been postponed until 6 April 2021 in order to reduce pressure on private sector organisations after the COVID-19 outbreak.
Read our guidance: IR35 Reforms Postponed (UK) - March 23, 2020
It's unclear how the scheme will operate in practice in relation to those who are "furloughed," or the situation where staff remain employed but are not provided with work. However, there are a number of issues which will need clarification including to what extent, and on what basis, employers will need to demonstrate that employees would otherwise be or have been laid off to be eligible to receive payment under the scheme.
Read our guidance: UK Coronavirus Job Retention Scheme – What We Do and Don’t Know So Far (UK) - March 23, 2020
Lawmakers are pushing an economic stimulus plan to help alleviate the social, economic, and societal impacts of the COVID-19 crisis. The legislation includes a variety of public health measures, as well as several provisions that significantly impact private employers. Ultimately, the legislation provides temporary benefits to mitigate financial fallout and help people and businesses reduce the spread of COVID-19.
Read our guidance: Families First Coronavirus Response Act: A Legislative Response to COVID-19 and What Employers Need to Know (U.S.) – March 19, 2020
Russian government authorities have recently implemented a number of new measures to combat the impact of the COVID-19 coronavirus pandemic and stem its further spread. Here is a list of recent measures affecting companies operating in Russia or otherwise doing business with Russian parties.
Read our guidance: The Russian Government's Response to the COVID-19 Coronavirus Pandemic (Russia) - March 18, 2020
Whilst Government advice is constantly evolving and homeworking has become widespread as a response to the spread of COVID-19 coronavirus, the nature of an employer’s business may mean that homeworking is not always feasible. In introducing the sorts of measures set out, communication and consultation with staff will be key and, since Government advice is frequently being updated, care should be taken to ensure compliance with that guidance as it evolves.
Read our guidance: Managing employees who cannot work remotely during the COVID-19 coronavirus pandemic (UK) – March 17, 2020
As home working seems likely to become more prevalent for many workers as employers adjust their arrangements to deal with COVID-19, Dechert’s London employment team discusses the key practical and legal issues employers need to bear in mind with regard to home working.
Read our guidance: Home Working – a Reminder (UK) – March 13, 2020
Employers will need to bear in mind their legal duties to protect the health and safety of staff, to avoid unlawful discrimination, to make reasonable adjustments for disabled employees and to avoid any breach of the terms of employees’ employment contracts.
Read our guidance: Advice for UK Employers (UK) – March 9, 2020