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Extension to the Coronavirus Job Retention Scheme

HM Treasury has announced that the Coronavirus Job Retention Scheme (the ‘furlough scheme’) has been extended from 31 May 2020 to the end of June. See here for details.

The Chancellor said he would keep the scheme under review and extend it further if necessary.

The announcement comes two days after the Treasury caused much consternation with the wording of its direction to HMRC regarding the operation of the scheme, which in certain key respects contradicts the current published government guidance, and in others is at best ambiguous. I am in the course of digesting that document and preparing a blog in respect of its ramifications.

For our observations on the main aspects of the Scheme, and a link to the government’s current published guidance, click here.

For our regularly-updated wider guidance for employers on the impact of the virus outbreak, click here.

The Coronavirus Job Retention Scheme - Fourth Version of Guidance

The government has published the fourth version of its guidance on the Coronavirus Job Retention Scheme (“the Scheme”). The full guidance for employers is here and that for employees is here.

The date, when an employee has to have been on the employer's payroll in order to be subject to the Scheme has, subject to the below, changed from 28 February to 19 March 2020 – the date just before the Chancellor announced details of the Scheme. However, this is subject to the important qualification that there must also have been an RTI submission to HMRC on or before 19 March notifying it of payment in respect of the employee - so many employees who commenced employment after 28 February but by 19 March will still miss out.

It is still the case that employees who have been made redundant, or otherwise have been dismissed or have resigned, can only be re-employed and furloughed subject to the Scheme if their employment ended on or after 28 February (and this applies even if they have not been re-employed until after 19 March).

For our regularly-updated wider guidance for employers on the impact of the virus outbreak, click here.

For advice on any of these issues, call us on 0800 294 5927 or click here to make an on-line enquiry.

The Coronavirus Job Retention Scheme - Third Version of Guidance

The government published its third update to guidance on the Coronavirus Job Retention Scheme (“the Scheme”) late on 9 April. The full guidance for employers is here and that for employees is here.

Frustratingly, this does not include any clarification as to whether an employee can be on holiday whilst furloughed under the Scheme without “breaking” the period of furlough. We comment on this at the end of our commentary on the Scheme, which has been updated to incorporate the below points, which is accessible here.

The main areas of developments are as follows.

Sickness

Previous guidance stated that employees who are off sick and are entitled to statutory sick pay (“SSP”), or who are self-isolating in circumstances where they qualify for statutory sick pay, could not be furloughed under the Scheme until the relevant absence had ended. This has changed. The updated guidance states that employees who are off sick can be furloughed just like any other employee, and if that is done, a relevant employee will no longer receive sick pay and will be treated as a furloughed employee.

The guidance also states in relation to employees who become sick whilst furloughed that they retain their statutory rights, including their right to SSP, and this means that furloughed employees who become ill must be paid at least SSP, but it is up to employers to decide whether to move these employees on to SSP or to keep them on furlough, at their furloughed rate. A qualifier to this, which the guidance does not acknowledge, is that if the employer has placed the employee on furlough by agreement, it can only switch the employee on to sickness absence if that is in accordance with the agreed terms. For example, if the employer has committed to keeping the employee on furlough until 31 May (when the Scheme is currently due to end), it will be in breach of contract if before then, without agreement, it treats the employee as being on sick leave.

The guidance states further that:-

If a furloughed employee who becomes sick is moved onto SSP, employers can no longer claim for the furloughed salary. Employers are required to pay SSP themselves, although may qualify for a rebate for up to 2 weeks of SSP. If employers keep the sick furloughed employee on the furloughed rate, they remain eligible to claim for these costs through the furloughed scheme.

Therefore, if a furloughed employee whose furlough pay is less than the level of their entitlement to SSP (£95.85 a week from 6 April, and previously £94.25 a week) falls sick, the employer must pay them not less than the equivalent of their full SSP entitlement, albeit that it is the employer’s choice as to whether to:

  • end furlough and pay actual SSP (and recover this to the extent that it is able) or
  • continue furlough and recover under the Scheme 80% of the amount paid.

Of course, if the employer elects to treat a period as sickness absence less than 3 full weeks after furlough commenced, it will forfeit the right to recover any payments under the Scheme in respect of that period. Similarly, employers considering their options in these circumstances who wish to place employees back on furlough after the period of sickness absence should take into account whether the renewed furlough will be able to run for at least a further 3 weeks, taking into account the end date for the Scheme.

Shielding

Previous guidance stated that employees who are shielding in line with public health guidance, or who “need to stay home with someone who is shielding” can be subject to the Scheme “if they are unable to work from home and you would otherwise have to make them redundant”. It would have been surprising if an employer actually had to demonstrate that such an employee would otherwise have been made redundant in order for the entitlement to funding to arise, as that is not an express requirement for any other employee who is furloughed. Nevertheless, this caused a great deal of uncertainty.

This has been addressed, as the updated guidance states under a heading ‘Shielding Employees’ simply that:-

Employees who are unable to work because they are shielding in line with public health guidance (or need to stay home with someone who is shielding) can be furloughed.

The guidance also states elsewhere that:-

Employers are also entitled to furlough employees who are being shielded or off on long-term sick leave. It is up to employers to decide whether to furlough these employees.

It is noted that this part of the guidance goes on to state:-

If a non-furloughed employee becomes ill, needs to self-isolate or be shielded, then you might qualify for the SSP rebate scheme, enabling you to claim up to two weeks of SSP per employee.

It should be remembered, however, that employees do not qualify for SSP by virtue of shielding. Entitlement to SSP is explained here.

TUPE

It has been confirmed that a transferee employer can apply the Scheme to employees who transferred to it under TUPE after 28 February – which will be subject to the proviso that they were on the transferor’s payroll on 28 February.

It has not been made clear, however, whether transferees are to have the right to access transferors’ payroll records for the purposes of determining the historic pay of furloughed employees on variable pay that is necessary to determine payments to be made under the Scheme.

Further, it has not been stated that the period of furlough will be deemed to be continuous as between the transferor and the transferee. This will be important to the extent a pre-transfer and/or a post-transfer period furlough is shorter than the 3 week period necessary to be subject to the Scheme.

Restrictions on working

It is now stipulated that furloughed employees cannot work for organisations that are “linked or associated” with the employer, as well as not working for the employer itself. The terms “linked” or “associated” are not defined, however. It seems logical that this will include –

  • any group company, in the sense of any subsidiary or holding company of the employer, and any subsidiary of a holding company of the employer, with “holding company” and “subsidiary” having the meaning in section 1159 of the Companies Act 2006; and
  • any associated employer within the meaning of various pieces of employment legislation, where one organisation is a company of which the other (directly or indirectly) has control or both are companies of which a third person (directly or indirectly) has control.

But what about organisations which have a lesser level of common ownership?

For our regularly-updated wider guidance for employers on the impact of the virus outbreak, click here.

For advice on any of these issues, call us on 0800 294 5927 or click here to make an on-line enquiry.

The Coronavirus Job Retention Scheme - Further Update

The government last published updated guidance on the Coronavirus Job Retention Scheme (“the Scheme”) on 4 April.

The House of Commons Library, which issues briefing notes for MPs, issued FAQs on the Scheme on 8 April. It does not say anything new, but it provides a useful summary of the Scheme. For our updated observations on all of the main aspects of the Scheme, taking into account the contents of this blog, and links to the government’s current published guidance, click here.

The latest government guidance still provided no details as to how employers will claim payment under the Scheme, other than that HMRC is to set up a portal by the end of April, and it still said nothing on the key issues of how holiday and furlough inter-relate or the application of the Scheme in a TUPE situation.

However, although we await confirmation via further updated government guidance, there is more to report on these points.

Holiday

Given that we are about to go into the Easter weekend, I comment first on the question of whether an employee can be on holiday whilst furloughed under the Scheme without “breaking” the period of furlough.

If the answer to that question is “no”, then as a period of furlough must last for at least 3 weeks in order for it to qualify for the Scheme, if Good Friday and/or Easter Monday, or any other days within 3 weeks of an employee having commenced furlough, are treated as holiday, a relevant employer will not be able to claim payments under the Scheme for the period preceding the holiday.

Although guidance published by Acas originally stated that it was “not practical” for employees to take holiday whilst on furlough, its guidance has now been amended to read:

If an employee or worker is temporarily sent home because there’s no work and the employer intends to claim for their wages under the Coronavirus Job Retention Scheme ('furloughed'), they can still request and take their holiday in the usual way. This includes bank holidays.

Employees and workers must get their usual pay in full, for any holidays they take.

However, it is not known whether this merely reflects the view of Acas (i.e. their guess is only as good as anybody else’s) or whether they have received an indication from the government or HMRC as to how the Scheme will operate in this regard. Also:-

  1. Note that Acas state that an employee can request to take holiday: what if they prefer to not do so, and to keep the holiday (including that would otherwise have fallen on a bank holiday) back to use at a later date?
  2. Query whether, if employees can (one way or another) take holiday without breaking the continuity of furlough, the Scheme will require that employees must receive full pay, or whether an employee’s entitlement to holiday pay will be subject to the general law – which has its complexities (see further below).

To add to the mix, it is reported that HMRC customer support has responded to an enquiry on twitter as to whether the Easter bank holidays will break furlough as follows:

If an employee is on holiday or has a scheduled bank holiday whilst on furlough, they are entitled to still receive this holiday. Employers must ensure that any employee on holiday or a bank holiday is paid their full salary for that holiday.

This is consistent with the Acas guidance, but leaves the same questions posed above outstanding.

The state of uncertainty on this issue is reflected in the FAQs issued by the House of Commons Library, but these developments do provide cause for hope that there will be further government guidance clarifying that holiday can be taken during furlough.

In the meantime, it remains prudent that in order to preserve funding, unless and until the government confirms that the position is to the contrary, employers ensure that no days during furlough (including bank holidays) will be treated as paid annual leave if this will, or might, be contrary to the Scheme – whilst reserving the right to reinstate as holiday any days which were treated other than as such because of this proviso in the event that the government confirms that this is not contrary to the Scheme.

To the extent employees are to take holiday whilst furloughed, absent any special provisions related to the Scheme, the extent of the holiday pay entitlement will depend on the contract of employment or, as regards the element of it which constitutes part of an employee’s minimum entitlement to 5.6 weeks’ holiday under the Working Time Regulations, if more favourable, then as provided for under those regulations.

TUPE

It has been reported that David Johnston MP emailed HM Treasury with an enquiry as to the application of the Scheme in a TUPE situation, and that it replied on 6 April that:

…employers that have undertaken a TUPE transfer or a similar transfer after 28 February are eligible for the Coronavirus Job Retention Scheme.

Hopefully, therefore, we can expect further updated guidance from the government to the effect that employees who were on a transferor’s payroll on 28 February and who subsequently transferred, or transfer, to a new employer under TUPE can be furloughed under the Scheme.

If so, then;-

  1. Will it also be clarified that for any period of furlough which commenced less than 3 weeks before the transfer, the transferor can claim payment under the Scheme even though transferring employees will not have been on furlough with the transferor for 3 weeks?
  2. Will the transferee be provided with the right to access to transferor’s payroll records for the purposes of determining the historic pay of furloughed employees on variable pay that is necessary to determine payments to be made under the Scheme?

The operation of the Scheme

On 8 April, senior representatives of HMRC appeared before a parliamentary select committee to answer questions around the Scheme. Their answers included the following:

  • The portal is to be open on 20 April and the first payments should be made on 30 April.
  • Live testing on the portal started on 8 April with a small number of employers.
  • Guidance is to be published within the next week which will enable employers to get their first claims ready for 20 April.
  • Employers will be able to make one claim per pay period – weekly, if they operate weekly payroll, or otherwise monthly.
  • Employers will be able to submit claims up to 14 days ahead of pay dates and the aim will be for HMRC to make payments within 4 – 6 working days of receiving claims.
  • There are no plans to extend scheme to the employees who started after 28 February.
  • There is to be a hotline for employees who are made to work whilst supposedly furloughed under the Scheme to report employers.
  • HMRC will investigate employers for possible breaches of the rules of the Scheme. If there is evidence of breaches of rules, employers’ claims won’t be paid out and in appropriate cases there could be criminal prosecutions for fraud.

For our regularly-updated wider guidance for employers on the impact of the virus outbreak, click here.

For advice on any of these issues, call us on 0800 294 5927 or click here to make an on-line enquiry.

COVID-19 Guidance Relating to Apprentices

The government has published further guidance for apprentices, as well as for employers, training providers, end-point assessment organisations and external quality assurance providers in the context of the virus outbreak. The full guidance is here.

Some of the main points are as follows:-

  • It confirms (although this was already apparent) that apprentices on furlough can continue their training without this jeopardising funding under the Coronavirus Job Retention Scheme, as long as they do not provide services or generate revenue for their employer.
  • It encourages training and assessment to take place remotely.
  • It states that extensions will be granted, where appropriate, to the timetable for assessments.
  • It provides for breaks in learning and explains how they should be recorded.
  • It confirms that the Treasury will not be pausing apprenticeship levy payments for employers.

The Coronavirus Job Retention Scheme – Further Details

The government published update guidance on the Coronavirus Job Retention Scheme (“the Scheme”) on 4 April.

The main points are these:-

  • It has been made expressly clear that employees can start a new job when on furlough without jeopardising funding under the Scheme.
  • An employer can reclaim 80% of not just salary or wages, but any “regular payments” that they are obliged to pay employees, including overtime payments, “fees” and compulsory (presumably meaning contractual) commission payments – up to the cap of £2,500 per month. Although not given as a listed example, this must surely include car allowance. Whilst payments for private fuel under a fuel allowance by means of a card or account directly by the employer to the supplier will be excluded (as they will not be payments to the employee), arguably where the employee pays for private fuel and is then reimbursed by the employer, these payments will fall within the Scheme.
  • Expressly excluded from Scheme funding are discretionary bonus (including tips) and commission payments and “non-cash payments”, so non-monetary benefits (e.g. cars or life or medical insurance) are not included.
  • It has been made expressly clear that salaried company directors (including of personal service companies) can be furloughed under the Scheme. A board resolution must be passed to effect this, and it must be noted in the company records Furloughed directors can still perform their statutory duties, provided they do no more than would reasonably be judged necessary for that purpose, e.g. they should not do work of a kind they would carry out in normal circumstances to generate commercial revenue or provides services to or on behalf of their company.
  • It has been made expressly clear that members of LLPs who are treated as employees for tax purposes can be furloughed under the Scheme.
  • It has been confirmed that employees can be furloughed multiple times, i.e. they can be furloughed, brought back to work, then furloughed again – subject to funding being available only for any furlough period which lasts for at least three weeks.
  • It is newly stipulated that employers must not only notify employees of their furlough status, but that they must do so in writing and keep the record of that written notification for five years.

Some areas remain unclear. Two of the main ones are these:-

  • Are employees whose continuous service commenced on or before 28 February 2020 but who transfer to a new employer after this date under TUPE covered:

For any period of furlough which commenced less than 3 weeks before the transfer, even if, taking into account a period extending beyond the transfer, it lasts for at least 3 weeks in total?

Otherwise for any period of furlough post transfer?

Unless the government expressly provides for this in due course, it would appear not, as although the rights and obligations of the employee under the employment automatically transfer, as between employee and employer, by virtue of TUPE, it will remain that the employee will not have been furloughed with the transferor from the point of the transfer and nor will they have been on the transferee’s payroll as of 28 February.

  • Can an employee be furloughed under the Scheme and on annual leave at the same time?

Guidance published by Acas states not. It therefore remains prudent that in order to preserve funding, unless and until the government clarifies that the position is to the contrary, employers ensure that no days during furlough (including bank holidays) are treated as paid annual leave such that this might prevent a period of furlough continuing unbroken at least 3 weeks.

For our updated observations on all of the main aspects of the Scheme, taking into account the above, and a link to the government’s published guidance, click here.

For my article on changes to legislation effected on 28 March relating to statutory sick pay for employees off sick or in self-isolation due to COVID-19, click here.

For our regularly-updated wider guidance for employers on the impact of the virus outbreak, click here.

For advice on any of these issues, call us on 0800 294 5927 or click here to make an on-line enquiry.

How is COVID-19 Affecting Life Within The Corporate World?

There is no corner of the UK which is not being affected in some way by the impacts of COVID-19, so it is not surprising that the world of corporate law is experiencing some changes.

With the UK population having been told to remain at home, except for a handful of reasons, a significant impact is being felt by companies as face to face meetings cannot be held. In order to carry on making business decisions and to make the necessary decisions to reflect the current economic climate, meetings need to happen.

It is considered by government that the attendance of shareholders at meetings will not satisfy the definition of “essential work”. Therefore, to follow these rules, alternative measures will need to be taken when meetings are held.

One way around this is to hold board meetings and shareholder meetings remotely.

Companies are being told to make clear in their notices of meetings that shareholders and/or directors may not attend in person and that they will be refused entry if they try to attend in person. The meeting should be held by a maximum of two people, if it is to be held physically at all, in order to establish a valid quorum, and then the voting is to be done by proxy or by the distribution of a written resolution. As this can be done electronically, this is the most convenient option and the option which creates the least level of disruption. Another option in these trying times, is to use video conferences in order to hold the meeting.

These rules are applicable to shareholder meetings, board meetings of directors and AGMs of public limited companies, but whichever bracket your company falls into, the process of decision making will be affected in some way.

It is best that you receive legal advice to ensure the validity of your decision making. Please contact the corporate and commercial team at Lanyon Bowdler if you wish to discuss this further.

Commercial Leases and Covid-19 - Points to Consider

As a result of the current Covid-19 pandemic, these are concerning and unprecedented times for both landlords and tenants of commercial premises.

Specific advice should be sought before any action is taken and our solicitors within our commercial property team based in Shrewsbury are on hand to assist you. In the meantime we have identified some general points for consideration;

Impact of the Coronavirus Act 2020

Section 82 of the newly introduced Act impacts upon forfeiture of commercial tenancies for non-payment of rent. The moratorium applies to arears incurred prior to the coming into force of the Act.

The effects of the Act are that the landlord’s right to forfeit is suspended.

It is not the case that no business will be forced out of its premises if it misses a payment in the next three months; it is simply that no business will be forced out of its premises in the next three months if it misses a payment.

Section 82(1) provides that:

“a right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent may not be enforced, by action or otherwise, during the relevant period.”

Relevant Business Tenancy

A “relevant business tenancy” means (a) a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (LTA 1954) applies or (b) a tenancy to which that Part of that Act would apply if any relevant occupier were the tenant: section 82(12).

Pursuant to section 23 thereof, Part 2 of the LTA 1954 applies to any tenancy where the demised premises (or part) are occupied by the tenant for business purposes.

The Relevant Period

The extent of the restriction on forfeiture of leases of business premises for non-payment of sums due from the tenant is however limited to “the relevant period”. This is the period from 26 March 2020 and ending on 30 June 2020 (section 82(12), CVA 2020). Note the period may be extended by regulations.

Consequently there is, initially a three month period of grace within which forfeiture for non-payment of rent is precluded. It is also worth noting that ‘rent’ is wide ranging and can include other payments due under the lease.

It is however important to acknowledge the limitations of section 82(1), even in the context of non-payment of rent. These are as follows:

  • The Act does not extinguish the tenant’s liability for the rent payments.
  • The Act does not extinguish the landlord’s ability to exercise any other lawful remedies available to it – for example a breach of covenant action (save for non-payment of rent).
  • When the Act comes to an end (whether from 1 July or any later date), a landlord will, if it then desires, be able to forfeit the lease for non-payment of all the accrued arrears. It is important to note that Section 82 gives a tenant just a short window (during the COVID-19 outbreak) in which it is immune from forfeiture if it fails to pay its rent, but does offer long-term relief.
  • The tenant will also not be able to rely on any acts by the landlord during the relevant period as waiving their right to forfeit for earlier non-payment.

Specific Considerations:

If you are a tenant

  • Rent

If you pay rent in accordance with a turnover clause as opposed to one based upon market rent, you may see a decline in takings for your business as a result of the recent government restrictions. Consequently you may wish to see a reduction in the amount of rent payable.

Whether this applies will of course depend upon the specific turnover provisions contained within your lease.

  • Breach of landlord covenants

If you are a tenant of a multi-let building and the landlord is required as a result of Covid -19 to close then it could be argued that the landlord is in breach of its obligation to allow you quiet enjoyment as such closure would result in a tenant being unable to gain access to the premises. A tenant is entitled to exclusive possession of the premises. If this has or is about to happen, it may be worth taking steps now in order to raise a claim later for damages against your landlord such as loss of profit accounts.

  • Break clauses

You may want to double check your lease for any break clause provisions in case you want to end your lease earlier in light of the circumstances.

  • Force majeure clauses

These are not common in leases but it is worth checking for a 'force majeure' clause which could allow you to say that your obligations in the lease are suspended because of Covid-19. Be aware though the landlord could also use these provisions if they apply.

If you are a landlord

  • Rent suspension

The law does not provide that rent suspension provisions must in the current circumstances be applied – this will be a matter for negotiation between the you and your tenant. You may decide to defer, reduce or suspend the rent for a period to avoid tenant insolvency. Any decisions of this type must be documented very carefully.

In most leases the obligation to pay the rent is only suspended, or the amount of rent reduced, where there has been "damage" to or "destruction" of the premises by an insured risk or, in some cases, an uninsured risk. Covid-19 itself does not cause physical damage to or destruction of premises, so these provisions are unlikely to be engaged. It will be a matter for the landlord to prove that Covid-19 does not fall within the definition of insured risks as provided for by the lease and it could be argued that this is too far removed in order for the tenant to make a successful claim.

  • Force majeure clauses

These are not common in leases but it is worth checking for a 'force majeure' clause which could allow you to say that your obligations in the lease are suspended because of Covid-19. Be aware though the tenant could also use these provisions if they apply.

For further advice please contact me or Andrew Evans.

National Minimum Wage

National Minimum Wage rates are to increase from 1 April.

The National Living Wage (for over 25-year-olds) will increase 6.2% from £8.21 to £8.72.

For other age groups and apprentices the rates will increase as follows:

  • 21-24-year-olds: 6.5% from £7.70 to £8.20
  • 18-20-year-olds: 4.9% from £6.15 to £6.45
  • Under-18s: 4.6% from £4.35 to £4.55
  • Apprentices: 6.4% increase from £3.90 to £4.15

Agricultural Minimum Wage (Wales)

The Agricultural Wages (Wales) Order 2020 was made on 27 March 2020 and will come into force on 1 April 2020. This Order replaces the Agricultural Wages (Wales) Order 2019.

It makes provision about the minimum rates of remuneration and other terms and conditions of employment for agricultural workers in Wales.

The Order increases the minimum pay levels for all categories and grades of agricultural workers in Wales.

For the full Order please click here.

Home Is Where the Heart Is

Back in February in the office there was a sense of anticipation in the air on Valentine’s Day and it was nothing to do with what the postman might bring. A fair few of us were hoping our phones might ring with news that we had won a prize raffle for a house worth over half a million. Sadly, our hopes were dashed when news broke that the prize had been won by a 23 year old from Wolverhampton. Congratulations to this lucky lady and we wish you the best for your future there.

Isn’t it lovely to get momentarily carried away with thoughts of our dream property, particularly in the current climate? For some it is a place in the country, others a spot by the sea.

But for many of our clients in Court of Protection their dream home is simply something that caters for their needs and allows them to live comfortably, securely and with independence.

Thinking about our own homes for a moment, it is easy to see how accessing them could become difficult or even a danger if we suddenly suffered a life-changing accident. At a time when our world has already been turned upside down, our home no longer representing a sanctuary is a sizable additional challenge to overcome.

Furthermore, as our property is often our most valuable asset it also represents a large area of vulnerability for our clients. Having someone independent in charge of making decisions relating to property can avoid questions about whether transactions are really being carried out in the best interests of the incapacitated person.

How Can We Help?

Our team of professional deputies recognises these difficulties and can make decisions on behalf of clients about: buying and selling property, finding suitable rental accommodation, authorising purpose-built housing to be made and/or arranging suitable adaptations for existing homes.

As someone who recently purchased a ‘doer-upper’ myself, I am aware of the significant costs involved in achieving a comfortable home. A deputy will be aware that any specific adaptations to a property may not be matched by an equivalent increase in the value of the property and therefore a good deal of consideration will be given to whether it is appropriate for the client to remain in their own home.

A deputy must always bear in mind that any improvements to a client’s property are to be done in their best interests and they will need to obtain a number of estimates from suppliers to ensure this is achieved. There may also be a need to defer to other professionals such as an architect or surveyor if the adaptations are sizeable.

As well as the bigger decisions, a deputy is responsible for many aspects of running and maintaining a home for our clients. This includes ensuring that the various safety checks are completed, that service contracts are in place to cover heating, water and electrical supplies and arranging the necessary buildings and contents insurance cover. They also manage the utility bills and are responsible for ensuring that the correct level of council tax is paid.

A deputy has a duty to ensure that a property is kept secure and in a reasonable state of repair. One of the professional deputy standards recommends that a deputy should regularly “review the condition of the property and ensure it is adequately maintained.” Therefore, our Court of Protection team works with our facilities manager and ensures that there is access to reliable tradesmen and contractors for repairs and gardening.

We know that a home represents a great deal more than simply the bricks and mortar it is made from. We work closely with our clients and their families when it comes to matters of the home and understand both the practical and emotional aspects. If you would like to contact us regarding any matter relating to mental capacity, please ask to speak to a member of the Court of Protection team.

Working and Learning Remotely

While applying for training contracts you’re often asked what new challenges will law firms face in the future. For the most part, in recent times, this would have incited a discussion concerning Brexit and the United Kingdom’s departure from the European Union. Less likely to be considered are the ramifications of a pandemic on the legal sector and the country as a whole.

As a trainee with Lanyon Bowdler, I had just started my second seat with the personal injury department when restrictions in the United Kingdom were yet to be put in place. I, like many of the other trainees, had only just begun to settle into my new role within the department.

At an early stage, Lanyon Bowdler started taking steps to actively manage the ever evolving situation, both in terms of meeting the needs of its clients and of its employees. I happened to be in the position where I was both an employee and a client of the firm; having only just recently completed on my property purchase.

A client’s perspective

From a client perspective, this included the residential property department liaising with me throughout the process, updating me as to any issues that might arise and generally assisting with my concerns. Whether this was regarding the effect this situation might have on exchange of contracts and completion, or just the normal everyday concerns.

A trainee’s perspective

Within my own department, the thing I noticed most, was despite the fact each individual had their own matters and concerns everyone took time to ensure that others could meet the changing demands of the situation. The firm as a whole has also come together with individuals taking on roles and assisting wherever they can, even if this is just by lending someone a spare laptop that can be used to work remotely or stopping to listen to another colleague’s concerns. My team has taken every step to ensure that my experience within the seat and my training contract will not be hampered and that I am still able to carry out my role effectively; albeit in a very different way.

The legal sector will take time as a whole to adapt to this situation, with everyone working remotely (including the courts). We may see changes to the way we would witness a Will, with e-signatures and video-witnessing being contemplated; although, there is no confirmation that this would be accepted so far. In personal injury, we have already seen a dramatic shift to remote access to the courts and greater cooperation between defendant and claimant lawyers who understand the need to maintain continuity and mitigate the effects of these unprecedented circumstances.

These are difficult times for everyone, the way we go about our lives has changed drastically with little time to adjust. The ability of the people of Lanyon Bowdler to maintain a degree of normality and to continue to perform exceptionally at times like this, is how I know I’ve chosen the right firm to undertake my training contract with.

If you are interested in applying for a training contract with Lanyon Bowdler, please visit the training contracts page for more information.

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