Category: News

Многие посетители Великобритании, у которых истекает или уже истёк срок действия визы, сталкиваются с трудной ситуацией: они не могут вернуться на родину как из-за ограничений на въезд и выезд из ряда стран, так и в связи с введением режима самоизоляции, связанного с коронавирусной инфекцией (COVID-19).

Хорошей новостью является то, что Визово-имиграционная служба Великобритании (UKVI) на сайте GOV.UK опубликовала информацию о том, что в данной ситуации лица, столкнувшиеся с ограничениями на передвижение и вынужденные соблюдать режим самоизоляции, не нарушают законодательство Великобритании. В информационном письме также сказано, что срок окончания всех истекающих и истёкших виз будет продлён до 31 мая 2020 года.

При этом необходимо отметить, что срок окончания визы не будет продлён автоматически: держателям виз необходимо самостоятельно уведомить Иммиграционную службу по вопросам коронавируса (Coronavirus Immigration Team), учреждённую Министерством внутренних дел Великобритании (Home Office).

Аналогичным образом, держатели британских виз, которые на данный момент находятся за пределами страны, могут столкнуться с проблемой соблюдения требований и условий, на основании которых виза была выдана. В частности, это касается условия о необходимости проживания на территории Великобритании. В информационном письме не содержится разъяснений относительно данного вопроса, поэтому держателям виз следует обратиться в Миниистерство внутренних дел Великобритании (Home Office) для получения более подробной информации. Лица, столкнувшиеся с названными проблемами, также могут обратиться к нашим иммиграционным юристам для получения юридической помощи.

Для получения более подробной информации, пожалуйста перейдите по данной ссылке Gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents  или свяжитесь с Жанной Саттон по электронной почте [email protected] или 0207 822 2259.

© 2020 GSC Solicitors LLP. Все права защищены. Юридическая фирма GSC предоставляет разрешение на просмотр этого материала и на печать одного экземпляра на человека для личного ознакомления. Любое иное использование этого материала требует письменного разрешения со стороны представителя юридической фирмы GSC. Данная публикация была подготовлена исключительно для предоставления пользователям общей информации о последних законодательных изменениях. Данный материал не представляет собой официальную юридическую консультацию и не может быть использован в качестве таковой. Вы не должны действовать или воздерживаться от каких-либо действий исходя из информации, которая содержится в этом документе, без получения конкретных официальных рекомендаций от квалифицированных юристов.

Working from home is currently a reality for a lot of us. Whereas some organisations do occasionally allow employees to work from home, the current situation of whole workforces working from home at the same time is unprecedented.

Employers have had no choice but to close down their places of work and tell their staff work from home at short notice. Below are some practical issues to consider in relation to working from home:

• Confidentiality. Employees have an implied (and if this is dealt with in their contracts of employment, an express) obligation not to disclose an employer’s confidential information. So as to help enforce this, an employer may request that for example a lap top used by an employee to work from home is password protected.
• Equipment and expenses. Unless a contract of employment says otherwise, there is no obligation on an employer to pay for the equipment needed or expenses incurred by an employee to work from home. However, given the unprecedented nature of the current climate, employers are encouraged to take a flexible approach. Especially as the cost of paying for some equipment for example will most likely be outweighed by the revenue generated for the business by the employee if he or she is able to work from home.
• Health and safety. So far as is reasonably practicable, and employer has an obligation to ensure that an employee has a safe working environment. For people who regularly work from home, and employer will usually undertake a risk assessment of the home environment for working purposes. Given the speed of the shutdown, such an assessment will not have been possible in most cases. However, an employer should still liaise with employees to check that they are comfortable that they consider that they can safely work from home.
• Discrimination. Even though the entire workforce is working from home, an employer should still ensure that its employees are treated equally and that employees in a particular group do not feel that they are being singled out. This would include for example making reasonable adjustments for someone who is disabled.
• Contact. Working from home for a long period of time will be a new experience for most people. Employers should keep in regular contact with their employees and let them know that they are on hand if the employee has any problems. If this is practical, team meetings can be held by video conferencing so that staff feel like they are in regular contact.
• Looking after others. An employee may have childcare responsibilities or need to look after an elderly relative who is also at home as a result of the current situation. If that is the case, then employers are encouraged to take a flexible approach to the situation such as agreeing that an employee can make up time during non-business hours.
• Pay. If staff are continuing to do their regular jobs, but are simply doing so from home, then unless a contract of employment states something different, employees should continue to get their usual pay.

If you have any employment law queries, please do not hesitate to contact David Nathan at [email protected] or on 020 7822 2247.

© 2020 GSC Solicitors LLP. All rights reserved.  GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

The Coronavirus Act 2020 brings into law some changes to the Landlord & Tenant legislation, and in particular the ability of a landlord to seek possession of both Commercial & Residential Premises.

These provisions will remain effective until at least 30 June 2020 for commercial Premises and 30 September 2020 for Residential Premises (“the Relevant Period”), but could be extended if the current situation does not improve.

The main points of this new legislation for Commercial Premises:

1. A landlord cannot forfeit a lease or exercise a right of re-entry.
2. A landlord will not waive a right to forfeit unless he does so expressly in writing.
3. In any proceedings that have already been issued, the courts will not make an order requiring a tenant to give up possession before the end of the Relevant Period.
4. When determining whether a landlord has made out the ground of persistent delay in paying rent, to oppose the grant of a new lease, the failure to pay rent during the Relevant Period will be disregarded.

In short, Commercial Tenants who are unable to pay rent because of Coronavirus will be protected from eviction, meaning no businesses will be forced out of their premises if they fail to pay rent over the next three months.

Please note, however, that this is simply a deferment and the rent will still have to be paid at some point.

With many tenants facing imminent rent payments, early dialogue and agreeing some form of arrangement between the Landlord and Tenant can often be the best solution.

Things to consider:

• Landlords could agree that their Tenants pay rent on a monthly basis as opposed to the traditional quarterly arrangement. This would assist Tenants with cash flow issues and ensure that if a debt accrues due to lack of payment, it is minimised.
• If Tenants cannot pay their rent in full, proposals could be made for a reduced payment. This again minimises the potential losses and takes pressure off of the Tenant to a degree and provides landlords with some cashflow. Please do note the balance will need to be paid later.
• An agreement could be reached for partial payment of rent and partial Deposit deduction for the balance on a monthly/quarterly basis. However, the reduced Deposit will need to be replenished at some point.

It is important that any arrangements, are documented very carefully. It is also imperative that any arrangements between the Landlord and their Tenant:

• does not vary the lease or rent deposit deed;
• are in place for a specific and set period of time;
• can be terminated at any time by the Landlord;
• are made as a concession due to Covid-19 and nothing else.

Depending on the business, Tenants should, of course, consider available Government support for businesses such as:

• cash grants
• business rates exemptions
• interest free loans
• VAT deferral and
• 80% funding of salaries for furloughed employees up to £2,500.

If you have any questions or unsure about your situation, whether you are a landlord or a commercial tenant, please contact Michael Shapiro directly on [email protected] or 0207 822 2236.

2020 GSC Solicitors LLP. All rights reserved.  GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

Many visitors whose visas are due to expire or have already expired are facing a difficult situation where they cannot travel back to their home country due to travel restrictions or self-isolation associated with Coronavirus (COVID-19).

The good news is that the UK Visas and Immigration (UKVI) has published their guidance on GOV.UK confirming that these visitors will not be penalised by complying with the travel restrictions or self-isolation rules and their current visa will be extended to 31 May 2020.

However, these extensions will not be granted automatically and whoever is affected must update their situation to a dedicated team set up by the Home Office called Coronavirus Immigration Team.

Equally, many UK visa holders who are currently stranded abroad and unable to travel back to UK, may face an issue of meeting their residence requirement in the UK, a condition attached to their UK visas. The guidance is unclear of this point so please check with the Home Office for updated guidance or contact our Immigration team for an update.

For further details please visit Gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents or contact Carey Xu on [email protected] or 0207 822 2231

© 2020 GSC Solicitors LLP. All rights reserved.  GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

Her Majesty’s Courts and Tribunal Service (HMCTS) recognise that during this public health emergency our primary focus should, of course, be on the health and wellbeing of the nation. However, the Lord Chief Justice has made it clear that it is essential that justice continues to be administered.

Arrangements have been in place pre-COVID-19 for hearings to be conducted remotely via telephone and video conferencing facilities. HMCTS are committed to ensuring that conferencing equipment is used to conduct remote hearings wherever possible. The Coronavirus Act 2020 has expanded the availability of video and audio links in court proceedings. There are, of course, exceptions as not every hearing is suitable to such arrangements, the most obvious being jury trials. Where physical trials are to take place, the Lord Chief Justice has confirmed that they are to take place safely and in accordance with the Government’s advice on social distancing.

The Lord Chief Justice has made it clear that parties should not simply be adjourning upcoming hearings as this would contribute to “inevitable backlogs and delays” in the system. Judges are unlikely to be sympathetic to adjournment requests simply on the basis that video hearings are difficult to administer. Parties have a duty to seek to co-operate and facilitate the process of remote justice being administered effectively and to keep costs proportionate. Where remote hearings are not required, for example for the determination of a procedural point, it may be that the judiciary are able to determine such issues on the papers.

HMCTS provides a daily operational summary on courts and tribunals during the COVID-19 outbreak and we recommend that this page is checked regularly for developments.

If you would like guidance or further explanation on the impact that COVID-19 may have on upcoming litigation that you are a party to please do not hesitate to contact Michael Shapiro on [email protected] or 0207 822 2246 or Sana Sheikh on [email protected] or 0207 822 2214.

© 2020 GSC Solicitors LLP. All rights reserved.  GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

Businesses and individuals are facing uncertain times at the moment. There is the immediate risk to health and wellbeing – both physical and mental – physical health issues and other concerns including children staying home from school, exams being abandoned, long-term plans and commitments put on hold and lack of social interaction.

There are also many uncertainties about the impact on businesses and contracts.  Contracts can be highly personal – a wedding or holiday or more long term such as sponsorship, entertainment and supply agreements where either suppliers are required to make guaranteed supplies which they may not be able to do or customers are required to purchase minimum amounts of goods or services which they no longer require.

• Can I get out of my contract or can the other person get out of their contract with me?

Start with looking at the contract itself. There may be a ‘force majeure’  clause or some other way to terminate the agreement.

• What is a force majeure clause anyway? This is a legal name for a clause usually stuck in the back of a contract which lets a party avoid performing its obligations in certain circumstances

 

• What does it mean? That depends – they are all drafted differently and very often not even considered carefully if and when they are negotiated. Each one needs to be looked at individually to see whether it applies and what you have to do to rely on it. Legal advice on its interpretation should be obtained. For example:
• Is the current issue covered by it
• If it is, it that the only reason you can’t perform?
• What else does it say – you must follow any provisions.
• You may have to notify the other party within a fixed time to rely on it
• You may have to take steps to minimise the impact (sometimes called ‘mitigation’)
• In some cases if the event carries on for a particular time the contract may be terminated

 

• What else should I be concerned about? – if you refuse to perform a contract or wrongfully terminate a contract when you aren’t entitled to, that will create liability

 

• Is that it for force majeure? Not entirely because Parliament has created laws that may have an impact on whether force majeure clauses will work. For business to business contracts there is the Unfair Contract Terms Act 1977 which may apply and for business to consumer contracts, there is the Consumer Rights Act 2015.

 

• Can you be more certain? Each case is very much dependant on the facts of the contract so needs to be considered separately. While these clauses have been in contracts for many decades, cases still keep being considered on them so there is no one size fits all.

 

• I’ve read about the doctrine of ‘frustration’ – will that let someone get out of a contract? This applies when something happens after a contract has been formed which makes it physically or commercially impossible to perform it or even illegal. Although this dates back many years, cases still are being argued over its scope. At the end of last year the courts refused to agree that Brexit was a frustrating event in a long term lease in Canary Wharf to the European Medicines Agency. We may see more leniency from the Courts for Coronavirus but any decisions are likely to only take place after the current crisis has passed. This is a complex area of law and the legal position needs to be considered very carefully in each case. It may be a fast moving area, for example if the Government stops gatherings.

 

• Other things to look out for – expect some government legislation which may have an impact on these matters to try and relieve contracting parties and reduce uncertainty. If you are a director, also be mindful of your duties as a director and insolvency risks. If you have insurance you should always comply with the terms of the policy.

 

• Any practical tips? If you can agree something with the other party that would be best in removing some of the likely uncertainties of relying on interpretations of force majeure clauses or legal doctrines. Collect evidence of any facts you want to rely on. It is imperative to understand what your legal position is as accurately as possible as early as you can and then see how you can de-risk any action that you might want to take.

 

• International Contacts – overseas governments and the EU may start to impose their own laws. This might affect the ability to enforce terms or contracts and limit remedies.

If you have any questions in relation to the above or concerns about your business, contact Clive Halperin, Head of Corporate & Commercial, directly on [email protected] or 0207 822 2220.

© 2020 GSC Solicitors LLP. All rights reserved.  GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

Tier 2 sponsors take their compliance duties seriously and usually they must report to the Home Office if a sponsored worker does not ‘turn up for their first day of work’. Once a sponsored worker has commenced employment, the sponsor must then report if the worker is absent from work for more than 10 consecutive working days without permission. However, in the light of the Covid-19 pandemic, the government has updated their position ( https://bit.ly/2Uosk1d ), which states that: 

“Licensed Tier 2, Tier 4 or Tier 5 sponsors: absences due to coronavirus

Some Tier 4 students or Tier 2/5 employees may be prevented from attending their studies or employment due to illness, the need to serve a period of quarantine or the inability to travel due to travel restrictions caused by coronavirus.

Sponsors do not need to report student or employee absences related to coronavirus which they have authorised.

Sponsors do not need to withdraw sponsorship if they consider there are exceptional circumstances when:

• a student will be unable to attend for more than 60 days
• an employee is absent from work without pay for four weeks or more

Decisions on whether to withdraw a student from their studies or terminate an employment are for sponsors to make. The Home Office recognises the current situation is exceptional and will not take any compliance action against students or employees who are unable to attend their studies/work due to the coronavirus outbreak, or against sponsors which authorise absences and continue to sponsor students or employees despite absences for this reason.

The Home Office will keep this under review, especially if the length of absences mean a potential repeat of period of studies become necessary”

What should sponsors do ?

If workers who are sponsored are absent from work due to coronavirus, employers do not have to report anything to the Home Office or cancel the employees sponsorship. Nonetheless we would recommend that sponsors maintain copies of emails or notes of their discussions with the sponsored employee to be able to show that absence was due to Coronavirus.

Our team of legal experts can help you. We’re continuing to work throughout the pandemic as our business is already being carried out remotely, so it’s not a substantial disruption to the way that we deliver our service to you during this unusual time.

We will be continuing to provide sponsors with updates when any further Home Office guidance is published.

However, if you have any questions or concerns, contact Hateem Ali, Head of Corporate & Private Immigration, directly on [email protected] or 020 7822 2209.

© 2020 GSC Solicitors LLP. All rights reserved.  GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

In these unsettling times, it’s inevitable that many businesses will suffer and, sadly, some will be unable to withstand the effects of this unprecedented virus. That’s not necessarily the case for you though; we’re here to provide options and possible solutions for keeping your business afloat.

However, it’s likely that you will have already found yourself affected in one way or another, either as a debtor or a creditor.  Therefore, it’s vitally important that you address the issues you face. Here are a few things you may need to look at to help your business survive the next few months:

• Check through your business insurance to find out what, if anything, you may be able to claim
• Review your employees’ positions. By now you should have introduced measures to keep them safe. Make sure you’re clear about their rights and benefits regarding sick leave and other relevant factors
• If necessary, reach out to your sundry creditors to begin a dialogue. Cash will probably graduate from being King to being the Emperor, and everyone will want to be paid quickly for their products and services.  It’s far better for you to engage now with those you may have trouble paying, rather than waiting and risking matters becoming difficult to deal with later
• Remind your debtors that it’s time to pay up! Ask anyone that owe you money to settle their bill now, so that you have the cash in your bank rather than theirs
• If you’re concerned about paying your tax due to the impact of the Coronavirus, please note that HMRC are being proactive in helping self-employed people and businesses at this time.  They’re currently staffing a helpline with 2,000 call handlers who can discuss installment arrangements, suspend debt collection proceedings and offer general practical advice (the helpline number is 0800 0159 559)
• If things get really bad, don’t immediately consider entering into a terminal Insolvency appointment such as liquidation. There are other options, such as a CVA or even an Administration that could buy you some time via the statutory moratorium if necessary.

Our team of legal experts can help you with any or all of these things. We’re continuing to work throughout the pandemic with just some slight tweaks to our business practices for the time being.

For example, we’re not all office-based at the moment, but we are all still available to speak with you by phone, Skype or Facetime.

If things look bleak right now, remember – this is not a permanent situation and it will improve.  Nobody knows when, but hopefully life will return to normality by mid-summer. In the meantime, stay safe, well and positive – and feel free to get in touch for advice on any business matters.

However, if you have any questions or concerns, contact GSC’s Insolvency & Restructuring expert Richard Curtin directly on [email protected] or 020 7822 2224.

© 2020 GSC Solicitors LLP. All rights reserved.  GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.