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.

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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’.

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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.

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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.

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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!

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Are public funds available to migrants due to COVID-19, and how can they apply for them?

COVID-19 has taken the world by storm, and has now solidified itself as one of the largest global catastrophes to occur in recent history.

For the vast majority of people in the UK, the worries that come with the virus are universal: worrying about the health of family members and themselves, having to self-isolate, avoiding loved ones, being unable to work.

However, for a percentage of the migrant population in the UK there are extra concerns. Many of them will have restrictions on their visas or leave which prohibits them from claiming public funds. The virus makes them extremely vulnerable.

Change of Conditions

The Home Office may have recognised this. They have just updated their policies which will allow migrants to apply to remove the restriction on public funds, should it be needed.

The updated policies provide information for how certain migrants, in certain situations can apply for financial support from the government, provided they can prove they meet the requirements.

Who is eligible?

Applicants must have already been granted leave to remain in the UK based on their family or private life.

You can apply for a change to your conditions if:

your financial circumstances have changed since being given permission to stay in the UK and you are no longer able to provide food or housing for yourself or your family
your child is at risk because of your very low income
you had financial problems when you first applied but you did not provide evidence of this and you now want to provide this evidence

However, it is not quite as simple as this. There are also the following requirements:

Your leave must be granted under either:

the 10 year partner, parent or private life route, where the applicant claims that refusal of that application for leave to remain would breach their rights (or the rights of other specified persons) under European Convention on Human Rights (ECHR) Article 8 (the right to respect for private and family life)

or,

you have leave to remain on the basis of other ECHR right

or,

you have leave to remain under the 5 year partner/parent route but if your application has been accepted you would be considered to have moved on to the 10 year route to settlement and as such any future applications for leave will be considered under the 10 year route.

Essentially, this option is only open for migrants in the UK under Discretionary Leave (DL).

What about other visa holders?

In what is a seemingly unfair move, especially at this time, all other visa types, including PBS (Points Based System) visas such as Tier 1 and Tier 2, are excluded from this policy.

For these visa categories, which cannot receive benefits usually, they still have no way to temporarily obtain the right to receive benefits by applying to remove the restriction to public funds.

Is this fair?

It does leave us wondering, why cannot the Home Office at least lift these restrictions on other visa holders just while the coronavirus is still having a huge global effect? That way they can have the right to at least apply for support without being massively punished in the future. Then, when everything returns to normal, the old rules can be reinstated.

It appears that the Home Office is still being rather harsh on a large number of migrants during this time.

For those who are eligible, what kind of conditions are needed for qualification?

You will qualify for an amendment to your conditions of leave only if:

you are destitute
there are particularly compelling reasons relating to the welfare of your child on account of your very low income
there are exceptional circumstances in your case relating to your financial circumstances

A person is destitute if:

they do not have adequate accommodation or any means of obtaining it (whether or not their other essential living needs are met)
they have adequate accommodation or the means of obtaining it, but cannot meet their other essential living needs

You will have to provide evidence

According to our own past experience in processing similar applications, the Home Office usually conducts a rigorous review of the applicant’s income status. In order to ensure the success of the application, the applicant need to make a detailed explanation of each of their relatively large expenses, and provide corresponding evidence.

In order to make the request for an amendment to the conditions of your leave you must:

complete your application online
provide your existing Biometric Residence Permit (BRP) where relevant, or passport (including your Leave to Remain vignette where relevant)
include documentary evidence that you meet the policy on granting recourse to public funds

It is up to you to provide sufficient evidence to satisfy the caseworker that you meet the terms of the policy. If insufficient evidence is provided, the conditions of your leave will not normally be changed.

You should provide evidence of your financial circumstances and living arrangements. This should include documents that are applicable to your individual circumstances.

This can include the following (the more you provide, the stronger your case):

6 months bank statements for all accounts held by all members of your household, even those belonging to children or ones that are rarely used. These should be fully annotated to explain significant/regular transactions
recent pay slips accounting for the last 6 months
breakdown of monthly income and expenditure
recent tenancy agreement or mortgage statement
recent utility and other relevant bills
recent P45 / P60
letter confirming duration of employment, the hours worked and salary (the person writing should state their position in the company and provide contact details)
recent letter from Local Authority confirming that support is being provided
recent letter from registered charity or other organisation providing support
recent letters from family or friends who are providing support, giving full details regarding the extent of this and how often it is provided
recent letter confirming that you or your spouse or partner is in receipt of public funds

You will need to explain what your current financial circumstances are, how these may have changed, and how you are currently maintaining yourself.

Help with the online application

The Home Office have provided some extra assistance for people who require some help with the online part of the application.

If you are in the UK, you can get help filling in your online Home Office application if you:

do not feel confident using a computer or mobile devices
do not have internet access

This is known as ‘Assisted Digital’ support and can be used for help with any Home Office application.

What type of help you can get?

You can get phone support from an adviser.

‘We Are Digital’ provide the support. You may need to book a phone appointment with them.

We Are Digital
info@we-are-digital.co.uk
Telephone: 03333 445 675
Monday to Friday, 9am to 6pm
Saturday, 9am to 4pm

Have questions, or need more help? Contact us!

We understand that applications such as this can be stressful, but we are always 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.

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!

lisaslaw@web

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Coronavirus job retention scheme has now launched – but how does it work?

First things first, what does it mean to be furloughed?

Furloughing means an employee’s job is put on hold. The Coronavirus Job Retention Scheme allows firms to put employees on furlough, meaning they do not work but still get paid by the employer with money provided by the state.

The government will cover up to 80% of the employee’s wage (up to a maximum of £2,500 per month), and then the employer can add the extra 20% if they wish, but they do not have to.

It is a grant, not a loan. This means whatever is granted does not have to be repaid.

How can I apply to be furloughed?

It is important to remember that individual employees cannot apply to be furloughed – they can only be furloughed by their employer. This means it is completely up to them if they allow their workers to be furloughed or not. So, you must ask your employer if you could be furloughed.

You need to have been on your employer’s payroll on 19 March 2020. When the scheme was launched, it applied to those on their employer’s payroll by 28 February 2020. However, the Treasury extended the scheme to include people who were on a company’s payroll on 19 March 2020 and which were notified to HMRC on an RTI submission on or before this date.

If you were added to the company’s payroll after this date, you may not be eligible to be furloughed.

The scheme will now run until at least the end of October 2020 with changes due in July . Companies are to be asked to start sharing the cost from the start of August, which could see employers to pay a fifth of furloughed workers’ salaries and NI contributions.

Your rights remain the same as a furloughed employee, meaning you are still entitled to things such as statutory sick pay or maternity pay, as well as redundancy payments.

How is 80% of employees’ wages calculated?

The government site now has a wage calculator which employers can use to figure out what 80% of their employees’ wages is, you can see it here.

The grant paid to your employer will be calculated based on your regular, contractual pay. It will include:

Regular wages. These are the normal wages or salary set out in your contract for doing your job.
Non-discretionary overtime. This applies to guaranteed overtime set out in your contract.
Non-discretionary fees. These are fees your employer has contractually agreed to pay for you. For example: chartered membership fees if your role requires you to be part of a professional association.
Non-discretionary commission. This is commission that is promised to you in your contract. For example: a certain proportion of a houses sale price for estate agents.

If your pay varies from month to month – for example, because you are employed on a ‘zero-hour’ contract or you are a freelance worker– the 80% will be calculated based the higher of:

– Your earnings in the same month of the previous year.

– OR your average monthly earnings from the 2019/20 tax year.

If you have worked for your employer for less than a year, it will be calculated based on your average monthly earnings while you have worked there. And if you only started with your employer in the last month, your employer will pro-rata your earnings so far and furlough will be 80% of that.

When will the money be available to employers?

The scheme has opened to employers today, and the first payments are scheduled to be made within six working days. This is to allow for some delays, including fraud checks and transfer times.

Payments, if all goes to plan, should begin to come through on 27 or 28 April. This first payment will cover March and April’s wages for eligible furloughed employees.

What do employers need to do?

Two important resources for employers are the wage calculator which we mentioned before, and the furlough scheme pay portal.

You will need the Government Gateway user ID and password you got when you registered for PAYE online.

In order to make a claim within this furlough scheme, you will need the following information:

to be registered for PAYE online
your UK bank account number and sort code
your employer PAYE scheme reference number
the number of employees being furloughed
each employee’s National Insurance number
each employee’s payroll or employee number (optional)
the start date and end date of the claim
the full amount you are claiming for including employer National Insurance contributions and employer minimum pension contributions
your phone number
contact name

You also need to provide either:

your name (or the employer’s name if you’re an agent)
your Corporation Tax unique taxpayer reference
your Self Assessment unique taxpayer reference
your company registration number

If you are putting more than 100 employees on furlough

If you are claiming for more than 100 furloughed employees, you will need to upload a file containing each employee’s:

full name
National Insurance number
payroll number (optional)
furlough start date
furlough end date (if known)
full amount claimed

The format of the file you upload must be either:

.xls
.xlsx
.csv
.ods

There is a step-by-step guide on how to furlough employees issued by the government here.

But, is furloughing a good thing?

Furloughing is more beneficial for employees than redundancy or unpaid leave, as it allows them to still be paid nearly as much as they would usually, and also means they keep their jobs amid the coronavirus crisis. Employers are not doing anything wrong by furloughing, in fact they are doing the right thing. The government’s aim is to ‘protect financial victims of coronavirus’ and ‘enable firms and employees to quickly pick up where they were, once this all ends’. Essentially, if an employee requests to be furloughed, it makes sense for the employer to try and arrange it.

Have more 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!

lisaslaw@web

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Employment issues created by the Coronavirus – Where do you stand?

Issues bred from COVID-19 surrounding employment are some of the most vital, as peoples livelihoods may be affected.

This article aims to answer some of the frequently asked questions we have seen to do with coronavirus and employment.

Can an employer lay off employees?

The virus has caused countless businesses to lose revenue. Therefore, the brief answer to this question is yes; however, the process of selecting and deciding which employees’ get the cut has to be fair and transparent, otherwise, it may result in unlawful dismissal.

When making such decisions, the employer may have to take into consideration factors like each relevant employee’s age, qualification, performance, position, and location. If prompted, the employer may have to give adequate reasons as to why one is laid off and another not.

Can an employer an put employee on furlough?

Of course, provided they are eligible; however, once again the selection process will have to be reasonable and the criteria transparent. The employer may have to consider the impact of furlough leave on relevant employees as well as the company’s needs. It can never be a random selection; otherwise, it may of course lead to complaints and even constructive dismissal.

How does the UK’s furlough scheme work?

Companies can now furlough employees rather than fire them. Through this scheme, the government will pay at least 80 per cent of the furloughed employee’s regular monthly wages, up to a maximum of £2,500 per month. Anyone that has been on their employer’s PAYE payroll before or on 28 February 2020 can be furloughed and claim for their wages through the Coronavirus Job Retention Scheme. This includes people on zero hour’s contracts and those working flexibly.

Employers may inform their employees they are being furloughed, and in some cases employees may volunteer for it.

Can an employer request an employee come to work during this time?

The answer is yes, provided that the business requires them; however, the employer does have duty to consider employees’ health and safety. This includes considering whether homeworking can be a possibility and alternative. This consideration is part of the employer’s duty not only to comply with the government guidance that unless it is essential, people should not travel to work, but also to protect employees from unnecessary harm. Any decision to request employees to come to work will have to be reasonable and proportionate. Even if there is a genuine and essential need for employees to come to work, the employer still has a duty to consider how to protect employees’ health and safety at workplace.

Sanitary hand-wash, face masks, protective gloves and other equipment should be made available to employees if requested. If not all the employees are required to come to work, a fair, reasonable and transparent selection process will have to be carried out to decide who should be requested to come to work, how frequently and on what basis.

If the above are not complied with, there may be risk for the employer to be sued for personal injuries and/or constructive dismissal.

Can employees refuse to come to work when requested?

The simple answer may be a no, provided the employer has acted reasonably as listed above. If the government has not ordered the employer to shut down and there is an essential need for the employer to continue to run the business, it will be difficult for employees to rely on the force majeure clause to refuse to work.

It is likely to be a material breach of the employee’s contract with the employer, which may entitle the employer to dismiss the employee with notice or even summarily. Of course, as stated above, if the employer’s decision to request the employee to come to work is unreasonable, disproportionate and flawed, it may give rise to a ground of constructive dismissal for employees to challenge the employer’s request.

Want to know more? 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!

lisaslaw@web

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April 16, 2020
Coronavirus, Law Firm, NHS, Wills

Free Professional Will Service for Our Amazing NHS Workers

The outbreak of COVID-19 has hit everyone hard, but none harder than the incredible NHS staff who are risking their lives every day in order to look after others.

We are hugely lucky to have the NHS, not only in hard times such as the ones we currently find ourselves in, but every day. They are the backbone of our society, always there for us when we need them most, providing unquestioning and selfless care.

It is with this in mind that we are offering 50 free wills to NHS staff, as a small token of gratitude for the huge sacrifices they are making.

Contact us through our new app:

You can easily contact us through our new app, which is completely free to download and incredibly easy to use. Just click New Enquiry and ask about our free will service, or any other legal service you may need.

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

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

Alternative ways to contact us:

You can also get in contact with on 020 7928 0276 or email info@lisaslaw.co.uk and one of our specialist caseworkers will take you through everything, from start to finish.

Thank you NHS!

Lisa’s Law will always stand with the NHS. From the bottom of our hearts, we thank you for all of the amazing work you do. Let’s get through this together.

lisaslaw@web

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Home Office updates guidance once again for Sponsors

During the current situation with COVID-19 guidance around employee and employer sponsorship schemes are in a constant state of flux.

The guidance has been updated yet again. The latest changes are as followed:

Completing a visa application in the UK

UK Visa and Citizenship Application Centres (UKVCAS) and Service and Support Centres (SSCs) are temporarily closed because of coronavirus (COVID-19). An individual’s immigration status will not be negatively affected as a result of them not being able to attend an appointment.
If an individual has already made an appointment to attend a UKVCAS service point, or a Service and Support Centre (SSC), they’ll be contacted and told what to do next. Their immigration status will not be negatively affected as a result of them not being able to attend an appointment.
Once an applicant has submitted their application online, the terms of their leave will remain the same as they were at the point of application. Applicants will be in the UK lawfully and no-one will be subject to immigration action if they are unable to attend a biometric appointment or if there are delays in processing their application.

Sponsoring an employee or student who is waiting for a decision on an application

Students (Tier 4)

Sponsors may allow students to start their studies before their visa application has been decided if:
- sponsors are a Tier 4 sponsor (other than Tier 4 Legacy Sponsors)
- sponsors have assigned the student a Confirmation of Acceptance for Studies (CAS)
- the student submitted their application before their current visa expired and has shown their sponsor evidence of this
- the course they start is the same as the one listed on their CAS
- the student has a valid Academic Technology Approval Scheme (ATAS) certificate if required

A sponsor’s reporting responsibilities start from the date that sponsors issue the CAS, not from the date that their application is granted.

If the student’s application is eventually rejected as invalid or refused sponsors must terminate the student’s studies.

Workers (Tier 2 and 5)

Sponsors may allow employees to start work before their visa application has been decided if:

- sponsors have assigned them a Certificate of Sponsorship (CoS)
- the employee submitted their visa application before their current visa expired
- the role they are employed in is the same as the one on their CoS

Sponsors reporting responsibilities for an employee start from the date the sponsor have assigned them a CoS, not from the date that their application is granted.

Sponsors will not be able to report information to the Home Office using the sponsor management system. Sponsors must however ensure that they record and maintain all the relevant information set out in the sponsor guidance on their own systems. Any changes that will impact the eventual consideration of the migrant’s visa application should be updated on the Certificate of Sponsorship, as normal.

If the employee’s application is eventually rejected as invalid or refused, sponsors must terminate their employment.

Doctors, nurses or paramedics working or volunteering in the NHS

An individual’s visa will be automatically extended by one year if it is due to expire before 1 October 2020. Family members with a visa due to expire before 1 October 2020 will also have their visa extended.
The extension is free and they will not have to pay the immigration health surcharge.
Individuals do not need to apply. We will contact NHS employers to identify staff eligible for this extension. We will notify the individual and their employer if they have received an automatic extension.
There is no longer a limit on the number of hours an individual can work or volunteer each week if they work for the NHS as a doctor, nurse or paramedic and they are a:
- Tier 4 student
- Tier 2 worker and their NHS job is a second job
- visiting academic researcher
- holder of a short-term visa and are permitted to volunteer
If an individual is a pre-registration nurse currently in the UK, the deadline for them to sit the Occupational Structured Clinical Examination (OSCE) has been extended to 31 December 2020

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!

lisaslaw@web

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News and Insights

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!

Change of Conditions

Who is eligible?

What about other visa holders?

Is this fair?

For those who are eligible, what kind of conditions are needed for qualification?

You will have to provide evidence

Help with the online application

Have questions, or need more help? Contact us!

First things first, what does it mean to be furloughed?

How can I apply to be furloughed?

How is 80% of employees’ wages calculated?

When will the money be available to employers?

What do employers need to do?

But, is furloughing a good thing?

Have more questions? Contact us!

Can an employer lay off employees?

Can an employer an put employee on furlough?

How does the UK’s furlough scheme work?

Can an employer request an employee come to work during this time?

Can employees refuse to come to work when requested?

Want to know more? Contact us!

Contact us through our new app:

Alternative ways to contact us:

Thank you NHS!

Sponsoring an employee or student who is waiting for a decision on an application

Students (Tier 4)

Workers (Tier 2 and 5)

Doctors, nurses or paramedics working or volunteering in the NHS

Have any questions? Contact us!

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