How should business owners be keeping their workspace clean and safe for their employees?

The workforce in England is still being told to work from home where they possibly can, a rule which will come as a relief to most people as the struggle against COVID-19 continues.

However, some people will be going into work now that Boris Johnson has encouraged those who cannot do their jobs from home to cautiously return. It is vital that employers take every measure possible to ensure their employees are coming into safe and clean workspaces.

In many cases, cleaning companies may be hired to ensure maximum peace of mind for everyone returning to work – but where this is not an option the below guidance should be followed in order to get your working area safely cleaned and ready for your employees to come back to.

Only certain people should be going to the office

Consider who is needed to be on-site; for example:

Workers in roles critical for business and operational continuity, which cannot be done from home. Or workers in similarly essential positions, who are unable to work from home due to external circumstances.

The less people in the workspace the better, is the general rule.

Preparing to clean

Wear disposable or washing-up gloves and aprons for cleaning, along with a face mask. These should be double-bagged, then stored securely for 72 hours then thrown away in the regular rubbish after cleaning is finished. Use shoe coverings if you can as well.

Open any windows you can to get some air flowing through the property.

Using a disposable cloth, first clean hard surfaces with warm soapy water. Then disinfect these surfaces with the cleaning products you normally use. Pay particular attention to frequently touched areas and surfaces, such as bathrooms, grab-rails in corridors and stairwells and door handles.

If an area has been heavily contaminated, such as with visible bodily fluids, use protection for the eyes, mouth and nose, as well as wearing gloves and an apron while cleaning.

Wash hands regularly with soap and water for 20 seconds, and after removing gloves, aprons and other protection used while cleaning

Avoid creating splashes or spray when cleaning, as this can create new contaminated areas which are hard to keep track of.

Any cloths and mop heads used must be disposed of and should be put into waste bags.

When items cannot be cleaned using detergents or laundered, for example, upholstered furniture and mattresses, steam cleaning should be used.

Any items that are heavily contaminated with body fluids and cannot be cleaned by washing should be disposed of.

Hygiene: hand-washing, sanitation facilities and toilets

Using signs and posters to build awareness of good handwashing technique, the need to increase handwashing frequency, avoid touching your face and to cough or sneeze into a tissue which is binned safely, or into your arm if a tissue is not available.

Other suggested methods to keep the workplace clean:

Providing regular reminders and signage to maintain personal hygiene standards.
Providing hand sanitiser in multiple locations in addition to washrooms.
Setting clear use and cleaning guidance for toilets to ensure they are kept clean and social distancing is achieved as much as possible.
Enhancing cleaning for busy areas.
Providing more waste facilities and more frequent rubbish collection.
Providing hand drying facilities – either paper towels or electrical driers.
Personal deliveries to the workplace should be kept to a minimum.

Deliveries to other sites

Put procedures in place to minimise person-to-person contact during deliveries to other sites. For example, arranging pick up points in advance, and keeping 2 metres between you and workers from other companies.

Maintaining consistent pairing where 2-person deliveries are required.

Minimising contact during payments and exchange of documentation, for example, by using electronic payment methods and electronically signed and exchanged documents.

Communicating over the phone with workers from other companies, rather than face to face.

If you know a person in your workspace has had coronavirus

You should take extra care when cleaning, and make sure to double up on gloves and wear a face mask and apron.

Disposing of waste:

Waste from possible cases and cleaning of areas where possible cases have been (including disposable cloths and tissues):

Should be put in a plastic rubbish bag and tied when full.

The plastic bag should then be placed in a second bin bag and tied.

It should be put in a suitable and secure place and marked for storage until the individual’s test results are known.

Waste should be stored safely and kept away from children. You should not put your waste in communal waste areas until negative test results are known or the waste has been stored for at least 72 hours.

if the individual tests negative, this can be put in with the normal waste
if the individual tests positive, then store it for at least 72 hours and put in with the normal waste

If storage for at least 72 hours is not appropriate, arrange for collection as a Category B infectious waste either by your local waste collection authority if they currently collect your waste or otherwise by a specialist clinical waste contractor. They will supply you with orange clinical waste bags for you to place your bags into so the waste can be sent for appropriate treatment.

After you have cleaned, create a list of rules

If you want your employees to keep their office space clean and tidy, you should create and implement a set of rules that everyone will need to follow. This will include disposing of all rubbish in the correct bins.

This means separating everything out in the relevant recycling bin. If there is a shared kitchen space, employees need to take responsibility for cleaning any cups, plates, or utensils that they may have used. Food waste should be cleared away and disposed of safely, and bins should be emptied if you find them to be full.

Along with the bins, you should encourage employees to frequently wash hands and also wipe down their workstations at least once a day, but more where possible.

You can find the government’s full guidance for workplace safety here.

Different guidance for different workplaces

While this guidance focuses mostly on an office type working environment, there are other methods employers and employees can use to keep different working environments, such as factories or building sites, safe for workers.

We will be releasing guidance for these working environments in the coming days.

Have any questions? We are here to help!

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Stuck outside the UK with an expiring passport? – here is what you should do

Getting a British passport is usually not too difficult for nationals of the country, but the coronavirus crisis has complicated the process for many people.

If you are in the UK and need a passport urgently, the bad news is that Premium and Fast Track services are temporarily unavailable due to COVID-19. The good news is, there is a hotline for compassionate matters, for situations such as a relative passing away, or for government business. Numbers are below:

Telephone from inside the UK: 0300 222 0000
From outside the UK: +44 (0)300 222 0000
Textphone: 18001 0300 222 0222

Options for British nationals stuck outside the UK

During the lockdown period many British nationals have been stuck outside the UK, and have been unable to travel back due to flights being grounded. Many of their passports have expired or are due to expire shortly.

Currently, for all British nationals staying overseas, they will have to apply for new passports via their local UK Visa Application Centre. Due to Covid-19, all the visa application centres are closed all over the world. No one will be able to apply for a British passport. If you urgently need to travel to the UK, you can only apply for an emergency travel document.

Eligibility

You can apply for an emergency travel document if all the following apply:

You are a British national
You are outside the UK
Your passport has been lost, stolen, damaged, is full, has recently expired or is with HM Passport Office or a foreign embassy
You do not have time to renew or replace your passport before you travel

What an emergency travel document lets you do

You can use an emergency travel document to travel to your destination through a maximum of 5 countries. You can also normally use it to return to the country you are applying from if you live there.

Your travel plans (countries and dates) will be printed on your emergency travel document. If you change your travel plans once you have your emergency travel document, you will need to apply for a new one.

You may need a visa to leave the country you are in or to travel through other countries with your emergency travel document. Check with the embassy or consulate of each country.

If your final destination is the UK, border staff will keep your emergency travel document when you arrive. Border staff at a different final destination might also keep the document.

How long will it take?

Your passport will normally be ready for collection in two working days, provided that you have provided all the relevant information and documents in your application. However, if that is not the case or in some exceptional circumstances, your application may take much longer.

How to apply

You can apply online here.

It costs £100 to apply for an emergency travel document. The fee is not refundable. You can pay online as part of your application. If you do not, you will be asked to pay over the phone.

You might need to attend an appointment at your nearest British embassy, high commission or consulate after you apply online. You’ll be told after you have submitted your application whether you need an appointment.

You will need to give a contact telephone number and email address as part of your application.

We are here to help!

We are open and ready to provide you with expert advice, whether you are trying to get back to the UK from abroad, have another immigration based question or need any other legal advice at all. You can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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Moving house is possible once again – but how will it work with social distancing rules?

England’s property market will reopen from today with estate agents getting the green light from the government to start operating again.

Conveyancers and removals firms can also start operations again, and buyers and renters will be able to complete purchases and view properties in person. Surveyors are also allowed to enter homes to complete valuations.

After an estimated 450,000 house moves had been stalled since lockdown rules were brought in, this will come as a relief to many who want to find a new home – but how will people be able to get it done safely?

Safety first

Housing Secretary Robert Jenrick said: “I am announcing new guidelines to allow the housing market to resume. Our clear plan will enable people to move home safely, covering each aspect of the sales and letting process from viewings to removals.”

Clearly, those who have tested positive for coronavirus or those who are self-isolating should not move home. They are at a high-risk of transmitting the disease and should avoid all social contact.

Similarly, vulnerable people and those shielding vulnerable people (meaning they have elderly or unwell people in their household) are discouraged from moving home at this time unless absolutely necessary. Where it is not an option to stay put, you should notify the estate agent, moving company and all those who will be involved in the moving process of the situation. Those involved in the process will need to adapt practices and procedures to ensure that the risk of spread of coronavirus is reduced as far as possible.

Main rules and guidelines

Some of the more general overarching guidelines are as followed:

Initial viewings should be done virtually wherever this is possible and property agents should help you to do this.

All physical viewings should be limited to members of the same household and open house viewings should not take place.

Estate agents will wear gloves and face masks.

When physically viewing properties, where possible, you should avoid touching surfaces, wash your hands regularly, and bring your own hand sanitiser. The number of people on a viewing should be minimised to those from your household that absolutely have to be there. If you need to be accompanied by small children, you should try to keep them from touching surfaces and ensure they wash their hands regularly.

If people are being shown around your own home, you should open all internal doors and ensure surfaces, such as door handles, are cleaned after each viewing with standard household cleaning products.

If possible, vacate your home while other people are viewing it.

Anyone involved in any aspect of the home moving process (estate agents, movers etc) should practice social distancing in line with public health advice.

When moving your possessions, try to do as much of the packing away yourself, rather than having others do it. Moving companies, where needed, should be contacted well in advance.

If you are particularly worried about the risk of infection, then speak to the professionals involved, your landlord, estate agent or removers as they may be able to put in place extra measures.

A reminder of social distancing guidelines can be found here.

Preparation to sell or buy

You can begin to market your property, and estate agents are permitted to visit to take pictures or videos.

It is encouraged that potential buyers do the vast majority of their research and viewings online. Estate agents are likely to be operating via online viewings where possible.

Viewings should be conducted by appointment only and no open house viewings should take place.

If you wish to buy a new build property you should make contact with the developer in the usual way. You should be able to view the show home or visit the particular plot you are interested in purchasing, although there will be appointment systems in place.

Agreements and contracts

Once you have agreed to move home by exchanging contracts or signing a tenancy agreement, you have entered into a legal agreement to move. The government is encouraging all parties to be as flexible as possible over this period and be prepared to delay moves if needed, for example if someone becomes ill with coronavirus during the moving process or has to self-isolate. You should not expect to move into any home where people are ill or self-isolating.

Legal advisors should be able to help you to ensure that any contract you enter into has sufficient flexibility to allow the purchase to be delayed in the event that an individual in one of the parties contracts coronavirus or has to self-isolate. Here at Lisa’s Law we will make sure your contract is set-up to allow for maximum flexibility should anything happen in the build-up which would affect your ability to move.

Building new homes

In another move to free up the housing market, the Housing Secretary has announced a series of measures to get the country building homes for the future, including:

Allowing builders to agree more flexible construction site working hours with their local council, such as staggering builders’ arrival times, easing pressure on public transport.
Enabling local councils and developers to publicise planning applications through social media instead of having to rely on posters and leaflets, helping to unblock the service.
Support for smaller developers by allowing them to defer payments to local councils, helping those struggling with their cash flow while ensuring communities still receive funding towards local infrastructure in the longer term.

Stewart Baseley, executive chairman of the Home Builders Federation, said:

“Over the past week or so many housebuilders have commenced a gradual return to work, in a structured way that ensures the safety of its workforce and the general public.

The industry sustains hundreds of thousands of people in numerous roles and associated sectors, boosting local economies across the country. A resumption of work will play a major part in helping the economy recover, as well as delivering the homes the country needs.”

The full guidance from the government on moving home can be found here.

We can help you move!

Here are Lisa’s Law we have a team dedicated to property and conveyancing on hand right now to guide you through the moving process. We can help you buy or sell, and can give expert advice along the way.

We conduct strict social distancing rules to give our clients complete peace of mind, and are always around for a call to answer any questions. You can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

If you have an iPhone, follow this link to download.

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Coronavirus can be kept outside – but for some the devil lives at home!

This article was written by Shanshan Chen.

Domestic abuse on the rise

It has been 50 days since lockdown started on 23 March 2020 in the UK. Lockdown and quarantine have resulted in a horrifying surge of domestic abuse in countries affected by COVID-19 all over the world. Some experts describe the situation as living in a pressure cooker as not only is there abuse present, but additional pressures such as anxiety, lack of space, lack of social activities, deterioration of mental well-being. This is exacerbating existing problems for many people, making life at home terribly hard to manage.

The UK’s largest domestic abuse charity, Refuge, reported its helpline has seen a consistent increase in demand of 45-50% since the beginning of the COVID-19 lockdown. Lord Chancellor Robert Buckland told MPs that his local refuge had an 80% increase in referrals in one week. Calls to the local helpline increased by nearly 30%.

The Domestic Abuse Bill reached its second reading in parliament on 28 April 2020, which has secured more housing help for victims, with the Government announcing a £76 million fund to support the most vulnerable.

Lisa’s Law are also here to help you get the support you are entitled to.

Lisa’s Law – here to help stop domestic abuse

Clearly, we at Lisa’s Law think domestic abuse has to stop immediately. If you are experiencing domestic abuse, but do not know who to turn to, or are too afraid to ask for help, just remember that you can contact us by phone or online. We can help you now!

Call in for a 30-minute free and confidential consultation now on 020 7928 0276 or online email info@lisaslaw.co.uk and we will readily advise you.

Some abuse goes unnoticed

Domestic abuse has many different forms and can affect both men and women, children and elderly people. It can happen to anyone, regardless of age, background, gender, religion, sexuality or ethnicity.

The abuse is defined as any incident or pattern of incidents of controlling, coercive or threatening behaviour. It can be physical, sexual, psychological, financial, and emotional abuse.

Some signs to look out for:

Is your partner jealous and possessive?
Are they charming one minute and abusive the next?
Do they tell you what to wear, where to go, or who to see?
Do they constantly put you down?
Do they play mind games and make you doubt your judgment?
Do they control your money?
Do they pressure you to have sex when you don’t want to?
Are you starting to walk on eggshells to avoid making them angry?
Do they monitor or track your movements or messages?
Do they use anger and intimidation to frighten and control you?

Do not be afraid and remember we are here for you

If you are in an emergency, call 999 immediately and ask for the police. We will help you along the way to get a Domestic Violence Protection Notice or Domestic Violence Protection Order for immediate protection.

You can be granted settlement in the UK if you are the victim of domestic violence. We will guide you on how to obtain evidence and make an application to the Home Office.

Want to leave home for a safe place? We can help you access a refuge place, or make an emergency Homeless Application to your local authority.

Want to stay at home safely? We can help you obtain Injunctions (Non-molestation Order or Occupation Order) from the court to guarantee your safety to live at home.

Received threats from your partner regarding children? We will guide you on how to obtain evidence and make child arrangement orders to the court if necessary.

Want to file for divorce? We have divorce lawyers in place.

You are not the victim but suspect your family member or friend might be? We will let you know how you can use your ‘Right to Ask’ under ‘Clare’s Law’ by asking the police to make enquiries into the partner of a close friend or family member.

We are here to help!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

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Too many detainees granted bail? Judges and Home Office failing to see eye to eye.

In what appears to be a heated debate, a senior judge has rebuked claims from the Home Office about the level of bail being granted to detained migrants recently, saying that the independent judiciary deal with such cases based on the law and nothing else.

The Home Office is supposed to detain only those it can deport imminently, which has been virtually impossible recently due to flights being grounded because of the coronavirus outbreak.

In a letter to the president of the Tribunal, Immigration and Asylum Chamber dated 29 April 2020, the Home Office’s head of appeals, James Stevens, wrote: “The numbers of those in detention have reduced very significantly since the start of this emergency.” He followed this up by saying: “The Home Office is somewhat surprised at the level of grants of bail in recent weeks.”

Official figures record 1,225 people in detention centres on 1 January and 368 at the latest count – a reduction of almost three-quarters.

Stevens asked if immigration judges would be able to, in future, provide written reasons as to why detainees are being granted bail. This comment did not sit well with senior judge Michael Clements, who responded that written reasons are unnecessary.

Clements said of written reasons: ‘This is not a helpful practice. These only repeat the law with which the judge is already familiar, add little of substance and do not seek to address the specific circumstances of the application.’

We feel during these extremely tough times, it should be the health and safety of all people that should be the main concern of the Home Office. Whenever possible, detainees should be released from the detention centres to minimise any risk of Covid-19 infection, instead of continuing to be detained.

We are open!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

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PM’s vague speech leaves many confused – but what has actually changed?

Yesterday evening, Boris Johnson announced the government’s plan to continue to fight coronavirus in the UK with a view to, at the same time, introduce policies that will help move the country towards normality once again. This announcement was followed by a 60 page guidance document made public today (11/05/2020).

His speech has been met with much criticism for its vagueness, with many worried it may do more harm than good. Others are concerned that he did not address key issues involved with coronavirus and the national lockdown.

But what does the latest guidance say, and how will the government back these plans in reality?

Returning to work

Perhaps the most significant and widely affecting change in Johnson’s speech is that he formally urged people who cannot work at home – for example construction workers – to return to their jobs from today (11/05/2020) whereas the guidance suggests them to travel to work from Wednesday (13/05/2020). Johnson said such people “should be actively encouraged to go to work”, while trying to avoid public transport and maintaining physical distancing.

The latest guidance suggests that “a strong economy is the best way to protect people’s jobs and ensure that the Government can fund the country’s vital public services including the healthcare response” – which is partly why people who cannot work from home are being urged to return to work.

Other occupations which could be affected by this change may be those working in food production, construction, manufacturing, logistics, distribution and scientific research in laboratories.

This has been met with disdain from workers in such industries as well as union leaders, who fear that appropriate social distancing measures are impossible to keep up in many cases. In construction work, it is necessary for workers to be close together, and handle the same tools, in order to get work done.

Also, people are now worried that debates will occur over who can and cannot do their jobs from home, leaving some vulnerable people in awkward positions with their bosses who might want them to come into work where really they can work from home.

The government has said it is continuing to work on guidance for employers to make workplaces “COVID-19 secure”, which are to be announced later this week.

It remains the case that anyone who has symptoms, however mild, or is in a household where someone has symptoms, should not leave their house to go to work. Those people should self-isolate, as should those in their households.

Public transport

This ties in with the guidance on returning to work, as many people rely on public transport to get to work. Public transport is clearly a very risky way to get around during this time, as it is used by many people who can spread germs through holding onto hand rails, or coughing while on the same bus or train as others.

For those going back to work, Johnson said they should avoid crowded public transport and either go by car, “or even better by walking or bicycle”. However, many people are worried that public transport will now see a big rise in usage as many people will have no choice to use public transport to get to work.

Social distancing guidance on public transport must be followed rigorously. As with workplaces, transport operators should follow appropriate guidance to make their services COVID19 Secure; this will also be published this week.

Commuters in London have reacted angrily at the lack of safety measures in place, with worried tube users messaging TFL on social media asking what are they going to do about the crowded carriages.

London Mayor Sadiq Khan in a statement said that the ‘lockdown hasn’t been lifted’ and that you must not use transport for ‘unnecessary journeys’.

Grant Shapps, the transport secretary, announced plans on Saturday which give councils powers to widen pavements and create new cycle lanes to encourage people to walk and travel on bicycles where possible.

Face coverings

As more people return to work, there will be more movement outside people’s immediate household. This increased mobility means the Government is now advising that people should aim to wear a face-covering in enclosed spaces where social distancing is not always possible and they come into contact with others that they do not normally meet, for example on public transport or in some shops.

Homemade cloth face-coverings can help reduce the risk of transmission in some circumstances. Face-coverings are not intended to help the wearer, but to protect against inadvertent transmission of the disease to others if you have it asymptomatically.

A face covering is not the same as a facemask such as the surgical masks or respirators used as part of personal protective equipment by healthcare and other workers. These supplies must continue to be reserved for those who need it. Face-coverings should not be used by children under the age of two, or those who may find it difficult to manage them correctly, for example primary age children unassisted, or those with respiratory conditions. It is important to use face-coverings properly and wash your hands before putting them on and taking them off.

Primary schools to re-open as early as 1^st of June

Johnson confirmed the conditional plan to start opening schools in England, starting with reception and year one (aged four to six) and year six (aged 10-11) in primary school, after the half term at the start of June. This would be the earliest it could happen, and will rely on teachers and schools feeling confident about measures such as proper distancing, which is by no means guaranteed.

The prime minister also says it’s the government’s “ambition” to give secondary school pupils doing exams next year “at least some time with their teachers” before the summer holidays – which come amid growing concern that pupils facing exams will be at a significant disadvantage compared with previous year groups.

Some ideas surrounding keeping pupils and teachers safe should schools re-open are:

limiting class sizes
groups of pupils attending on different days
redesigned classrooms
staggered break times

More detailed guidance for teachers and pupils returning to school will be outlined in the coming days.

Leaving the home, unlimited exercise and meeting people you do not live with

People are now officially allowed to go out for exercise for longer than the one hour initially allocated. Additionally, people will be permitted to meet and sit down with one other person, outdoors, if they remain two metres apart. The new rules will start on Wednesday, when people can undertake “unlimited amounts of outdoor exercise”, and sunbathe or drive to destinations for exercise. Sports including angling, swimming in lakes and rivers, tennis and golf will also be allowed, but only within household groups.

You will still not be able to use areas like playgrounds, outdoor gyms or ticketed outdoor leisure venues, where there is a higher risk of close contact and touching surfaces. You can only exercise with up to one person from outside your household – this means you should not play team sports, except with members of your own household.

People may drive to outdoor open spaces irrespective of distance, so long as they respect social distancing guidance while they are there, because this does not involve contact with people outside your household.

When travelling to outdoor spaces, it is important that people respect the rules in Scotland, Wales and Northern Ireland and do not travel to different parts of the UK where it would be inconsistent with guidance or regulations issued by the relevant devolved administration.

Dominic Raab, Secretary of State for Foreign Affairs, made an error while speaking on television by saying that people could meet up with both their parents, meaning that meeting up with more than one person outside of your household is allowed. However, the government quickly made a U-turn and said this was not the case.

Restaurants and cafes to remain closed until at least July

The hospitality industry will need to wait for stage three of the lockdown to re-open, meaning July “at the earliest”, and only then if there can be safe social distancing. This will be a cause for major concern for an industry which has already been brought to its knees by the virus.

This potential re-opening schedule does not apply to pubs, which still have no indication when they can consider opening again.

Enforcing the rules

The Government is examining more stringent enforcement measures for non-compliance, as it has seen in many other countries. The Government will impose higher fines to reflect the increased risk to others of breaking the rules as people are returning to work and school. The Government will seek to make clearer to the public what is and is not allowed.

It all depends…

All of these new changes, and the additional changes that are likely to come in the weeks and months ahead, all depend on the continued lowering of infection rate and death toll in the UK. If it seems like the numbers are increasing, these measures will be reversed and stricter lockdown guidelines will be put back in place.

Have any questions? Contact us!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

If you have an iPhone, follow this link to download.

If you use an Android phone, follow this link to download.

Find the link here if you need some further instructions on how to use our new app!

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Force Majeure: When is it relevant and can you rely on it?

What does force majeure mean?

Force majeure, which is French for ‘superior force’, refers to a clause that is included in contracts to remove liability for natural and unavoidable catastrophes that interrupt the expected course of events and prevent participants from fulfilling the obligations of the contract.

Some examples of what can potentially trigger a force majeure clause are the outbreak of war, a health pandemic, massive strike action, or natural disaster.

How can someone benefit from the force majeure clause?

To rely on a force majeure event, you need to show 4 things:

You qualify under a Trigger Event: The actual event fits within the force majeure meaning in the contract. Meaning, the event which took place matches what is mentioned in the clause of the contract. In the event that there is such definition or even a force majeure clause in the contract, any event as described above is likely to be treated a force majeure event.

You have no control: The events were genuinely beyond the control of the party.

Causation: The delay or failure to act in accordance to the contract was caused by this event or circumstance.

You took steps to mitigate or avoid the effect: There were no reasonable steps that could have been taken to avoid or mitigate the event and its consequences.

Examples of force majeure:

An example of a situation where force majeure could potentially come into play could be this: a hurricane occurs that completely shuts down a port, a seller planning to ship its goods through that port would not be liable for late delivery of the goods.

This would qualify as the act of shipping could not take place due to a huge change in circumstance which were out of the sellers’ control.

Another situation could be: if Josh and Sharon entered into an agreement to purchase a house from Pete, but the house was destroyed by a tornado prior to closing, all parties would be released from the agreement. Josh and Sharon would not be required to follow through on their promise to purchase the property, and Pete would not be required to come up with a house to sell to Josh and Sharon.

You cannot always fall back on the force majeure clause:

While the interpretation of force majeure can in some cases be stretched to include such issues as labour strikes and breakdown of vital machinery, either of which may temporarily excuse a party from completing their part of a contractual agreement, such events as bad weather, funerals, sporting events, or other normal life events are not valid excuses under the law. This is because these are normal occurrences that temporarily interrupt life and work, and the possibility of such an interruption should be considered by those entering into a contract.

Does force majeure apply to COVID-19?

Coronavirus has had a massive impact on everyone’s current way of life, and the effects are likely to be felt for a long time, even after the end of lockdown. Businesses big and small have struggled to stay afloat, and inevitably some contracts will not be honoured during this difficult time.

Businesses can be affected by Covid-19 in various ways. They will, in many cases, see a reduction in revenue. The lockdown could mean they are unable to trade their goods or provide their services to the same extent as pre-lockdown. Also, employees may have to take time off due to illness or having to self-isolate.

However, this does not mean that they can always rely on the force majeure clause.

It depends very heavily on the particular circumstances of individual situations.

There are two possible outcomes of a business being affected by coronavirus, either it makes it impossible for a business to continue to operate, or it makes it more difficult for a business to operate. It is very important to be able to distinguish between these two situations, especially where a force majeure clause is involved.

For example, if a delivery company is in a contract to deliver supplies to a location, but they fail to do so and claim the coronavirus outbreak as their reason – they may not be able to rely on the force majeure clause. This is because, it may be more difficult to complete the delivery, but it is not completely impossible.

It would be different if the country were in total lockdown, with no one allowed to drive around, like how the province of Wuhan was between February and March. It would be likely that in this case the force majeure clause would come into play, as the delivery company would absolutely not be able to carry out its work.

Let’s look at it from another point of view

Many students have been negatively affected by the virus, as university campuses have been closed to stop the disease spreading. Currently, face-to-face lecturing has been banned. However, this does not release the universities (in fact, all the schools and colleges as well) from performing its obligations to provide education to students, as they can offer alternative means to provide resources. For example, virtual lectures instead of face-to-face ones. The current situation has simply made provision of education more difficult, but not impossible to do so.

It is for the same reason that students may not be able to claim refund from education providers as well, even if they may feel the online classes are not as good. It is unlikely that it will specify in any university contract that all the lectures and seminars will take place on campus, in a public place.

So, you must be sure before trying to trigger the force majeure clause

This clause is only to be relied upon in appropriate situations, where a contract cannot be fulfilled – it is impossible or almost impossible – due to circumstances outside of the control of those locked into the said contract.

Of course there are times where this clause is extremely helpful, but that does not mean it should be seen as an easy to use lifeline or ‘get out of jail free card’.

Have any questions? Contact us!

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What Protection is the Government giving to Universities during the Coronavirus Crisis?

The Home Office has today revealed new measures aimed at stabilising university admissions this autumn, with an aim to ensure “students are safeguarded at a time of unprecedented uncertainty”.

Secretary of State for Education, Gavin Williamson, announced the measures which have been based on proposals from the universities sector.

Williamson said:

“We are committed to supporting our world class universities and students through this unprecedented challenging time. So we are putting measures in place to help protect students and staff from the impact of coronavirus.

I know this is an unsettling time for all involved, and we are working tirelessly with the sector to do everything we can to stabilise admissions and protect a vital part of our country’s economy and society.

I am very grateful to universities for their innovation and dedication in their frontline response at this time.”

So, what is being done to stabilise the University sector?

New powers to stop ‘exploitative’ admission practices:

The Office for Students have brought in new conditions meaning it can intervene if education providers “take actions that are harmful to the sector and students”. Essentially, there is concern among government members that competition to enrol new students between universities amid the coronavirus crisis would “go against the interests of students and the sector”.

Such offending actions include:

changing student recruitment practices in an effort to increase student intake beyond normal levels, for example by converting existing conditional offers to unconditional, lowering academic or language requirements for international applicants, offering incentives for students to accept offers, or engaging in aggressive marketing activity designed to attract students away from other choices

making misleading statements about other universities in an attempt to discourage students from attending them, for example by claiming that other universities are failing to support or provide tuition to their students during the pandemic

making decisions that do not demonstrate high standards of good governance and could undermine public trust and confidence in higher education, for example by using government financial assistance for purposes that do not serve the interests of students or the public (such as using the money to provide students with free laptops etc)

failing to comply with public commitments, for example by publicly agreeing to abide by voluntary requirements (such as a code of practice) and then failing to do so

bypassing UCAS admissions processes where they would normally use them.

The key point here is that universities should not be ‘bribing’ students in any way to enrol with them, and if they are suspected or caught doing so they may be fined up to – or in some cases beyond – £500,000 per breach.

Stabilising admissions:

The measures, just for the 2020-21 year, mean universities will be able to recruit full-time, domestic students up to five per cent above their forecasts for the next academic year. This will help reduce “volatility and ensure a fair and orderly admissions”, the government said.

This means there will be slightly more spaces available next year, alleviating some stress for potential students around getting into their desired institutions.

The Department for Education will also have the discretion to allocate an additional 10,000 places, with 5,000 ring-fenced for nursing, midwifery or allied health courses. The government will control these numbers through the student finance system.

It seems the coronavirus crisis has inspired a new-found respect for healthcare workers, and a push to encourage more people to go down this career path!

Enhanced clearing process:

This is a positive addition that we are sure many burgeoning students will find interesting.

Clearing is a UCAS service that allows universities to fill spaces on courses that are not yet full, giving students without offers are a second chance to pursue their higher education aspirations.

What is new is that UCAS is developing a new clearing system for this summer, called Clearing Plus, which will match students with universities, or other opportunities, based on their achievements and course interests. If students’ final grades exceed their predicted ones, the system can also suggest alternative courses with higher entry requirements. It will help people know more clearly what their viable options are.

UCAS said the changes mean students will not have to search “through a mountain of courses or make lots of stressful phone calls. The most appropriate course options for them as an individual will be presented through their online account.” It is a much simpler and more up to date way for students to apply to universities via the clearance route.

Using Clearing Plus, students will be able to express an interest in those matched courses and have the option to allow the university to get in direct contact with them.

Support for international students:

The guidance notes how keen the government are to continue welcoming international students into the UK, and how valued their economic, cultural and social contributions are to the sector.

Ministers are working across Government as a priority to ensure universities can continue to attract international students. Department for Education and Department for International Trade Ministers will also chair a group, including key sector representatives, to consider how the International Education Strategy can be updated to respond to the impact of the coronavirus outbreak.

As part of this push to attract international students, the Government has revealed it will be introducing the new Graduate immigration route for international students by summer 2021, a Post Study Work visa. This route will allow international students to remain in the UK for two years after their studies are finished to find employment here.

Under the current circumstances, Government is applying discretion to ensure that international students are not negatively impacted if they find themselves in a position where they cannot comply with certain visa rules as a result of the COVID-19 outbreak.

Is this fair?

It is no doubt a good thing that the government is relaxing rules for foreign students who are stuck here due to COVID-19, and it is a positive move that they want them to be able to stay after the finish their studies and find work.

But we must ask, what about those students who are already negatively affected by COVID-19? The Post Study Work visa is planned for summer 2021, which will leave students in summer 2020 feeling hard done by. They have paid tuition fees like any other student but they may have taken less lessons due to the outbreak, had less contact with their tutors, and also less access to resources, such as books from their university library.

Should the Home Office not consider to extend their stay in the UK or can they at least get compensated to a certain degree? It seems harsh, and there is yet to be an announcement made for the benefit of students in such a position.

Other changes:

Changes to tuition fee loan payments:

The Student Loans Company will bring forward tuition fee payments of students in the in the 2020/21 academic year to providers, expected to be worth £2.6bn, to help cash flow. This will not affect the loan liability, amount of interest charged to students or the timing of their maintenance loan payments.

Financial help for students:

The Government has worked with the Office for Students (OfS) to help clarify that providers can use existing funds, totalling £46m across April and May, to boost their hardship funds for students in financial difficulty. This can include help for IT equipment and internet access.

The full detailed guidance is available here if you want to read more.

Have any questions? Contact us!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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COVID-19 Testing – Who can apply and how does it work?

Knowing how many people in the UK have the coronavirus is obviously of paramount importance. Those who know that they have it will be more inclined to completely self-isolate – as we know that in some people the virus can show little to know symptoms but is still very contagious. This is vital for key workers who come into contact with lots of people at work, such as nurses and transport workers.

The UK government has pledged to do 100,000 coronavirus tests a day by the end of April. In total, according to the latest figures available now (29/04/20), there have been 599,339 people have been tested, of whom 161,145 have tested positive.

Who can get tested?

The staff and residents of care homes can now be tested, even if they don’t have any symptoms. Sadly, it has been reported that almost a third of COVID-19 related deaths in the UK have been made up of care home residents. These tests will hopefully help to alleviate some of the stress on care home workers, residents and their families.

Tests at care homes will be carried out by mobile testing units, which are manned by the Army.

Also, anyone over 65, or anyone in their household, who currently has symptoms can be tested. The same will apply to anyone who has to leave home to go to work, and the people they live with.

The list of key workers includes teachers, police officers and transport workers.

How do the tests take place?

Thankfully, the tests are not very intrusive or uncomfortable. They are done by taking a very quick swab of the nose or throat, which is sent off to a lab to look for signs of the virus’s genetic material. They show whether someone is currently infected with coronavirus.

Key workers in England and Scotland who are self-isolating because they or a family member have coronavirus symptoms can be referred for a test by their employer.

They can also book online themselves and choose whether to attend a regional test site, or ask for a home test kit.

Essential workers: apply for a coronavirus test

If you are an essential worker who is self-isolating (not able to leave home), you can now apply for you and your household to get tested for coronavirus (COVID-19). You can apply here: https://self-referral.test-for-coronavirus.service.gov.uk/eligibility

If your test result turns out to be negative, you can safely return to work, as long as:

you are well enough
you have not had a high temperature for 48 hours
anyone you live with also tests negative

If your test result is positive, or someone you live with tests positive, you cannot return to work. You will need to continue to self-isolate

Where are the regional testing sites?

There are now 41 Regional Test Sites set up by the Department of Health and Social Care, in areas such as:

Aberdeen
Belfast
Birmingham (Midland Metropolitan)
Brighton
Bristol
Cardiff
Chessington
Doncaster
Edgbaston
Edinburgh
Gateshead
Gatwick
Glasgow
Greenwich
Ipswich
Leeds
Liverpool
Londonderry
Manchester
Milton Keynes
NHS Nightingale London
Nottingham
Plymouth
Portsmouth
Preston
Stansted
Twickenham
Wembley

How do drive-through centres work?

Key workers will need to fill out a few personal details – such as their name, mobile number and profession when submitting their applications.

They will receive an email or text the same day inviting them to book a test.

Then they can choose an appointment at their local drive-through test site.

Home test kit numbers will initially be very limited, so the government is encouraging people to take this drive-through option if they can.

Is testing going to plan?

Getting these tests done at a rate of 100,000 per day – as is the government target – is a major operation, and the road to that destination is bound to be full of bumps.

With thousands of people using the site since its launch, many have found that testing slots run out quickly.

Wales is adopting a needs-based approach to testing for NHS and “critical” non-NHS workers.

Also, booking a home-test kit is proving to be very difficult, with the option often not available on the government website. There is simply not enough kits, or means of transporting them to keep up with the demand.

There have been suggestions the UK government did not act quickly enough, and while we truly hope the 100,000 a day testing goal can be met, there is plenty of evidence to suggest it will not be.

Have any questions? Contact us!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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April 28, 2020
Coronavirus, Lockdown, Police, Rules

What powers do the police have in enforcing social distancing?

The police are doing a fantastic job on the front-lines of this crisis, and deserve a huge amount of respect, gratitude and empathy from the general public. What is already a massively demanding job has been made much tougher due to the COVID-19 outbreak. It is no surprise that the Thursday public clapping for the NHS, which now takes place every week, is filled with people rallying together in support of the police as well as the NHS, and all the other frontline workers.

Rules about socialising during the COVID-19 lockdown:

Individuals will only be allowed to leave their home for the following very limited purposes:

shopping for basic necessities, for example food and medicine, which must be as infrequent as possible
going out for one form of exercise a day, for example a run, walk, or cycle – alone or with members of your household
any medical need, or to provide care or to help a vulnerable person
travelling to and from work, but only where you cannot work from home

You cannot meet friends or family who do not live with you.

Participating in gatherings of more than two people in public spaces is also not permitted except in very limited circumstances, for example, where it is for essential work purposes.

How can the police enforce these rules?

To ensure people stay at home and avoid non-essential travel, if members of the public do not comply the police may:

instruct them to go home, leave an area or disperse
close businesses which remain open when they do not qualify as essential
detain someone to be tested if they are believed to be infected with COVID-19
ensure parents are taking necessary steps to stop their children breaking these rules
issue a fixed penalty notice of £60, which will be lowered to £30 if paid within 14 days
issue a fixed penalty notice of £120 for second time offenders, doubling on each further repeat offence

Individuals who do not pay a fixed penalty notice under the regulations could be taken to court, with magistrates able to impose unlimited fines.

If an individual continues to refuse to comply, they will be acting unlawfully, and the police may arrest them where deemed proportionate and necessary.

The police have said they are following ‘The Four E’s: Engage. Explain. Encourage. Enforce.’

These four E’s broken down are as followed:

Engage with people – ask them why they are out

Explain the law and the need to be inside, stressing the risks to public health and the NHS

Encourage them to go home if they have no reasonable excuse

Enforce only as a last resort

It must be said, the police are there to keep us all safe. There must be clear rules for everyone, and everyone must do their best to follow them.

But remember, it isn’t against the law for you to leave your home!

Police cannot order you to go home if you are out helping someone else with their care, off to the doctor, or carrying out another public service. You are even allowed to go shopping for other people, who are unable to do so themselves.

It is important to note that it is not a crime to leave your home to flee harm – for example, domestic abuse. There is further government guidance on what to do in a domestic abuse situation here.

The National Police Chiefs Council has urged people to use their common sense – by thinking about whether they should leave home. And it wants officers to exercise their discretion by focusing on the law’s aim and purpose: to keep people safe.

Can the police take their authority too far?

It is not uncommon for people to feel victimised by the police, and these people must be given a fair chance to voice their issues surrounding the way police have treated them.

Common complaints are:

Police have used excessive force
Police have discriminated against someone due to their race/ethnicity
Police have misunderstood a situation
Police have taken action you deem incorrect

It is important to report issues such as these if you have experienced them. We all have the right to challenge police, but it must only be done through the proper channels.

Have questions, or feel like you have been treated unfairly by police? Contact us!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

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News and Insights

Only certain people should be going to the office

Preparing to clean

Hygiene: hand-washing, sanitation facilities and toilets

Deliveries to other sites

If you know a person in your workspace has had coronavirus

After you have cleaned, create a list of rules

Different guidance for different workplaces

Have any questions? We are here to help!

Options for British nationals stuck outside the UK

Eligibility

What an emergency travel document lets you do

How long will it take?

How to apply

We are here to help!

Safety first

Main rules and guidelines

Preparation to sell or buy

Agreements and contracts

Building new homes

We can help you move!

Domestic abuse on the rise

Lisa’s Law – here to help stop domestic abuse

Some abuse goes unnoticed

Do not be afraid and remember we are here for you

We are here to help!

We are open!

Returning to work

Public transport

Face coverings

Primary schools to re-open as early as 1st of June

Leaving the home, unlimited exercise and meeting people you do not live with

Restaurants and cafes to remain closed until at least July

Enforcing the rules

It all depends…

Have any questions? Contact us!

What does force majeure mean?

How can someone benefit from the force majeure clause?

Examples of force majeure:

You cannot always fall back on the force majeure clause:

Does force majeure apply to COVID-19?

However, this does not mean that they can always rely on the force majeure clause.

Let’s look at it from another point of view

So, you must be sure before trying to trigger the force majeure clause

Have any questions? Contact us!

So, what is being done to stabilise the University sector?

New powers to stop ‘exploitative’ admission practices:

Stabilising admissions:

Enhanced clearing process:

Support for international students:

Other changes:

Changes to tuition fee loan payments:

Financial help for students:

The full detailed guidance is available here if you want to read more.

Have any questions? Contact us!

Who can get tested?

How do the tests take place?

Essential workers: apply for a coronavirus test

Where are the regional testing sites?

How do drive-through centres work?

Is testing going to plan?

Have any questions? Contact us!

Rules about socialising during the COVID-19 lockdown:

How can the police enforce these rules?

But remember, it isn’t against the law for you to leave your home!

Can the police take their authority too far?

Have questions, or feel like you have been treated unfairly by police? Contact us!

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Primary schools to re-open as early as 1^st of June