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All of our articles are listed here. If you would like to discuss any coronavirus issue, please get in touch with your usual Browne Jacobson contact, or one of our lawyers listed here >
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Please note: the information contained in our legal updates are correct as of the original date of publication
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Exams centres have between 12 and 30 April 2021 to develop and submit their Centre Policy setting out the centre’s approach to assessment and quality assurance during this summer’s teacher assessed grading (TAGs) process.
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Schools are tasked with reading a vast amount of information to get ready to provide teacher-assessed grades (TAGs) for students following the publication of the suite of Joint Council Qualifications (JCQ).
How to apply the Government guidance and other practical considerations when in a contract dispute with a supplier.
The government has announced that it would be launching a call for evidence to help monitor the overall progress of negotiations between landlords and tenants for paying or writing off outstanding rents.
In the absence of exams, the Department for Education (DfE) and Ofqual have confirmed that the 2021 GCSE, AS and A level and vocational and technical qualification grades will be determined by centre assessment.
A reminder of the changes extended through to 24 September 2021.
An Order to extend s.44 Employment Rights Act 1996 has potential to significantly impact employers.
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Laura Murphy looks at the updates to the attendance guidance for schools.
The various tenant protections have been extended again until 30 June 2021.
It was announced in the budget that the Coronavirus Job Retention Scheme (CJRS) would be extended until September 2021.
We understand that many school staff will be feeling hesitant about next week’s return to the school site. We have put together FAQs to assist with your ongoing support and management of your employees.
The latest guidance from the Department for Education (DfE), March 2021, recommends that staff, pupils and students in year 7 and above should wear face coverings.
Our barristers will be reflecting on their experience at hearings to identify key issues and lessons for education providers, talking about the issue of claims arising from school placements during Covid-19 lockdown.
Given the impact of the Covid-19 pandemic, the financial pressure that many companies are currently under may prove insurmountable.
The Department for Education (DfE) has published further regulations to amend the operation of admission appeals due to ongoing restrictions imposed due to the pandemic.
As lockdown continues, technology shortages mean many pupils do not have the laptops or equipment they need to engage in remote learning.
Modernising court services and creating the “Online Court” has seen the introduction of online platforms for civil claims in recent years but progress has been described as slow.
The Government confirmed that it would not enforce the usual deadlines for gender pay reporting for public sector employers and for private sector employers.
Some employers may want staff to be vaccinated to reduce health and safety risks within the workplace. However, it may be difficult for many employers as it would not be in line with the Government’s advice on the vaccine.
With lockdown 3.0 continuing at least until at least the 8 March, school leaders must again take care to record pupil attendance and absence in line with the latest Department for Education (DfE) guidance.
Education providers are more innovative with the delivery of lessons ensuring students are able to participate, but it does create a number of additional issues.
The transfer of pupil education from the classroom to remote learning has created challenges for pupils, parents and school staff.
Since the introduction of the Coronavirus Job Retention Scheme (“CJRS”) in April 2020 in response to the Covid-19 pandemic, there have been many changes made to CJRS.
Public Health England (PHE) and NHS Test and Trace (NHSTT) have published a position statement to recommend that daily contact testing in schools will be paused.
We have seen an increase in our education clients seeking advice around potential insolvency. Our previous podcast outlines some prudent steps for an insolvency situation.
Lateral flow testing is underway in schools across England to provide rapid Covid-19 testing of staff and students in secondary schools and colleges.
Compliance is a broad term and covers the three Ps – paper, people and practice. Be it safeguarding, GDPR or health and safety, read our tips for excellent compliance training.
The government decision on lockdown and the subsequent DfE guidance vulnerable children and the children of critical workers and actions for schools to take during lockdown.
The Department for Education’s (DfE) updated its guidance to explain that where a child can remain at home rather than attend school, they should.
The government has issued updated guidance for schools during the 2021 national lockdown. Here’s what we know about exams and assessment so far.
Throughout 2020, the Covid-19 pandemic brought problems on holiday and travel plans. The pandemic has also affected countless school trips, giving rise to legal issues such as schools’ financial exposure.
As the current situation around Covid-19 is evolving and new measures are constantly being implemented by Government, we provide a summary of considerations for education.
Our FAQ has been put together to assist you in decision-making on school opening.
The government was extending to 31 December 2020 the various tenant protections it has brought in since the pandemic began. Those protections have now been extended again until 31 March 2021.
What does the government guidance mean for higher education providers?
Schools need to explore their risk assessments and systems available to them in line with DfE/PHE advice as they re-enter the tier system.
Organisational responsibility in cases of pupil self-harm and suicide.
The UK government has decided to extend the visas of thousands of overseas health workers for free including doctors, nurses and paramedics.
The coronavirus pandemic has shone a large spotlight on issues of health and safety at work, and the steps that individuals can take if they believe their employer is not providing a safe workplace.
The government has issued its guidance on how University students will be able to travel home safely at Christmas.
September has seen the introduction of compulsory face coverings for staff working within the retail, leisure and hospitality sectors in England in attempts to reduce the spread of coronavirus.
The pandemic will have seriously tested the effectiveness of governance of higher education institutions.
Universities across the nation have been working valiantly to produce a vaccine for Covid-19, in addition to working tirelessly on new testing options.
Paul Miner reflects on his experience of holding virtual meetings during the COVID-19 pandemic and how to get the best out of them.
As students and staff become embedded into the ‘new normal’ of campus life we take a look at some of the practical issues affecting the Higher Education sector during the pandemic.
Sir Simon Stevens, NHS Chief Executive, and Amanda Pritchard NHS Chief Operating Officer, outlined the third phase of the NHS response to the Covid-19 pandemic.
The government announced on 24 September 2020 that the temporary 5% reduced rate of VAT for the tourism and hospitality sectors has been extended to the end of March 2021.
The Government was extending to 30 September 2020 the various tenant protections it has brought in since the pandemic began. Those protections have now been extended again until 31 December 2020.
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 come into force today, on the 28th September.
The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.
The PPE market has grown considerably during the pandemic with a number of manufacturers switching their production lines to support the manufacture of PPE.
New measures to tackle Coronavirus, and with students about to start new terms, the government has updated its guidance to universities.
Oakman Inns & Restaurants pub group has secured additional finance from Santander UK as part of the Coronavirus Business Interruption Loan scheme (CBILS).
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Two of our education partners discuss the approach to members and board meetings in the ‘new normal’.
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Understanding how we can work with staff to ensure they are comfortable on site without impacting the quality of education is a key issue for most schools.
As schools reopen for pupils and staff, a number of questions are being raised concerning steps that must be taken should an individual who has been on the school site be confirmed positive for Coronavirus.
Our advice and guidance to help you prepare for the new term.
Following the A-Level and GCSE results being based on centre assessed grades (CAGs), Ofqual updated its guidance on appeals and concerns about malpractice.
Following Ofqual’s announcement that GCSE students will be able to take the higher of their Centre Assessed Grades or the standardised grade, and how that will affect sixth forms.
September is going to be a time for creative thinking and flexibility. This will be a time to work together and solve problems to enable pupils to return.
The latest amendments and key changes.
Our team of HR and legal specialists are on hand to help you stay informed, and provide you with the most up to date advice to enable you to continue to deliver educational excellence.
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Two cases have considered the issue of Covid 19 as part of the sentencing exercise. In the most recent case, it led to a £1.1 million fine after an engineer was injured from a fall from a roof.
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The bonus aims to incentivise businesses to retain furloughed employees when the Coronavirus Job Retention Scheme finishes.
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New legislation stops employers being able to base redundancy pay calculations on current pay under the CJRS.
Guidance applies to admission authorities responsible for grammar schools, partially-selective schools, schools that select by aptitude or schools which operate banding.
Guidance has now been finalised and the Land Registry has momentously confirmed that it will accept electronic signatures.
If you are looking to grow your presence, here are our five ‘top tips’ for getting started.
The current Covid-19 pandemic fundamentally changed the relationship between the NHS and the independent sector.
Who led the team advising Manchester University NHS Foundation Trust on establishing and commissioning Manchester Nightingale.
Helpful advice about the implementation of MHA Code of Practice during the COVID-19 pandemic.
Our quarantine FAQs for health & care employers will help you to navigate the quarantine measures that are now in force in the UK.
The Covid-19 pandemic has given operators and investors in the care home market new factors to consider when assessing acquisition targets.
The the Good Law Project judicial review proceedings raises a number of issues for contracting authorities.
Senior Associate, Nick Smee, tells us about how he supported a client participating in this challenge.
COVID-19 has brought about a number of changes which are highly relevant to consent.
The 2020 Order adds the need to maintain in the UK the capability to combat, and to mitigate the effects of, public health emergencies.
The pandemic has brought about changes that appear to have moved the boundaries and definitions of what good medical care means.
From 1 August employers will have more flexibility to determine whether staff should come back to work.
How quickly can clinical services for those with Covid-19 be separated from others, which emergency temporary changes should stay and what are the legal duties?
The 11-page NHS England and NHS Improvement letter addresses many important areas, some of which we highlight.
Co-founder George Batchelor, provides his views on entry to the market for young businesses and current sector challenges and opportunities.
Some of the quarantine questions we are being asked the most by employers.
There is a potential for significant change and public bodies are likely to be at the forefront of delivering that change.
Although it may change, this is the procedure currently envisaged by the Land Registry.
Timely guidance given that modern slavery will not be exempt from the challenges brought about by Covid-19.
Is your strategy still right in the post pandemic world?
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Report focuses on need for social workers to get close to children in order to deliver effective child protection work, and how COVID-19 has compromised that.
A number of changes made to the statutory sick pay regime, so we’ve set out the key FAQs.
If difficult decisions are being taken regarding the allocation of funds, some businesses may be looking for “quick wins”.
Doing deals in the current climate and Q&A with a panel of experts.
A new voluntary code of practice is intended to provide clarity for businesses when discussing rental payments and encourage best practice.
The key legal and HR issues facing schools planning for reopening in September.
Public sector bodies can find restarting projects particularly challenging, so what should they consider?
The economic turmoil caused by lockdown combined with Brexit uncertainty has been said to create a ‘perfect storm’.
Whilst the DfE has implemented statutory changes to admission appeals, there have been no changes to admissions legislation.
Disruptions to daily routines and lack of access to safe support services and resources will undoubtedly have impacted on pupil mental health.
PPN 04/20 has been issued in recognition of the likelihood that the pandemic will cause continued disruption for the foreseeable future, so what does this mean for contracting authorities?
One consistent opinion being voiced by government, is that the rebuilding after the Covid-19 pandemic needs to be green & sustainable.
Covid-19 Mental Health Act guidance, case law and the Coronavirus Act 2020.
Health and safety challenges presented by the reopening of premises, procurement and contracts.
HMRC have set out further detail of the previously announced changes to the Coronavirus Job Retention Scheme.
The DfE have provided a steer for schools in dealing with complaints during Covid-19.
The current position on possible appeals against awarded grades.
Guidance on both Freedom of Information, and Subject Access Requests.
Regulations make the teaching of these subjects compulsory in schools (specific elements being phase dependant) from September 2020.
Practical solutions to utilise from home in agreements and dealings with business, data and digital law and how covid-19 has changed legal privilege.
Areas for consideration by local authorities and ALMOs when resuming routine maintenance works.
How digital tools can help inform and educate patients about their medical condition and treatment options and save valuable time.
Guidance for managing academy conversions and transfers.
Practical solutions to utilise from home in agreements and dealings with business contract law, employment and covid-19.
As universities look to utilise their labs, what are the key IP issues to consider and associated health and safety aspects?
FAQs to help schools and academies with their legal obligations and keeping staff and pupils safe.
The majority of provisions come into effect the day after the Bill is enacted however its measures will apply retrospectively.
We have set out the key amendments to the Government’s Coronavirus Job Retention Scheme.
The temporary amendments introduce more flexibilities to the exclusion process in the following ways.
A view from an ICS Chair on reset, initial lessons to consider, a new way to govern, models to work collaboratively and Q&A.
Live panel discussion on how schools and trusts have navigated the disruption, opportunities for the future and a Q&A session.
Long awaited changes to the corporate insolvency regime and hastily drafted temporary measures.
The Track and Trace programme and further changes to the SSP regime may particularly impact employers attempting to reopen workplaces.
Some suggest now is the time for greater devolution, rebuild local economies and build capacity in order to deal with future crises.
The Corporate Governance and Insolvency Bill provides detail on new measures to safeguard the high street against aggressive debt recovery.
Decision making, tips for managing ‘virtual meetings’, changes you may want to adopt permanently and options for effective AGMs.
The Chancellor has set out a package of measures to support public services, people and businesses through the period of disruption caused by COVID-19.
Q&A guide to the Future Fund scheme for supporting earlier stage businesses during the Covid-19 crisis.
Some of the steps that HEIs can take to discharge their duty of care in uncertain times.
To assist schools and academies with re-opening issues around health & safety, employment and HR, parents and pupils and governance planning.
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This non-statutory guidance has the aim to promote fair and reasonable behaviour for the collective benefit between parties and the UK economy.
What can and should be done to set up contracts for September?
How will the current extraordinary events impact the transactional market?
Update on NHS reconfiguration, service change and consultation, using s75 agreements and mental wellbeing of employees.
Until more detailed guidance is issued, it is important to check the position on a case by case basis.
Employers need to consider whether they genuinely need to reopen or whether work can continue remotely.
Covering integrated commissioning, service reconfiguration, patient discharge, ICS and ICPS information sharing and hospital groups.
COVID-19 has increased the cost of delivering council services and reduced their income.
View published article
LGA guidance for councils on how they should deal with their outsourced providers.
Before disputing a force majeure clause or an entitlement to terminate a contract, it is important to consider what terms have actually been agreed.
Contracting authorities in England, including academy trusts, are be asked to play their part in keeping businesses up and running.
Managing the business failure of a key contractor, litigation and working with the court system and planning.
The changes will impact local authorities, health bodies and parents of children, or young people, with SEND.
The Land Registry has now set out the steps to be taken to execute a deed using the Mercury signing approach.
An update on current issues arising in relation to the pandemic.
As coronavirus continues to spread, this article looks at the potential impact on commercial and business interests, particularly obligations under contracts with customers.
Guidance to support academy trusts planning for their Annual General Meetings during COVID-19.
For businesses that have sold companies over recent years, there are options available to accelerate the release of retentions.
The DoE guidance clarifies its primary focus, however there are two schemes that higher education providers need to know about.
The overarching challenges that small charities are facing and support that can be offered.
Companies must take care to follow all of the usual rules and consider the potential future trading position.
Where does responsibility sit for lone working/stress and workstation assessments?
The Government announced new measures to safeguard the High Street against aggressive debt recovery actions during the coronavirus pandemic.
The Care Act 2014 elements of the Coronavirus Act, associated guidance, Action Plan for adult social care, and guidance on direct payments.
Admission authorities must adapt their processes to ensure that families who submit an appeal are not disadvantaged.
Answering commonly raised questions to help NHS, independent health provider and social care organisations understand the position.
The covid-19 hospital discharge service requirements outline the new approach to hospital discharges during the current pandemic
The Home Office has published a guidance document on publishing a modern slavery statement & addressing modern slavery risks
The latest set of UK government financial bailout measures from the HM Treasury target Innovate UK’s R&D intensive SMEs
What are the likely considerations, how does this align with the Public Contract Regulations 2015 and how could this impact your organisation?
If transactions are continuing to go ahead, what are the legal considerations to bear in mind in the current climate?
The new guidance sets out considerations for acute PPE shortages and provides recommendations.
New measures have been announced to support the UK’s next-generation of technology businesses.
Further guidance has emerged from the HSE in relation to carrying out thorough examination and testing of lifting equipment and pressure equipment.
Focusing on discharge guidance, risk, MHA, MCA and DoLS, indemnity and information sharing.
How will AGMs proceed in light of current restrictions on movement and gatherings introduced by the Government to battle COVID-19?
Addressing the confusion around the Government’s support measures for business tenants and what to do if you have a break right during lock down.
We are likely to see a significant rise in claims against professionals stemming indirectly from the Covid-19 outbreak.
Focusing on procurement and commercial, social care, property, constitutional and regulatory and enforcement.
These measures are targeted at SMEs and large corporates, however it is still crucial that local authorities and other public bodies understand and comply.
Here is a summary of this week’s key developments.
Guidance on conducting admission appeal hearings during the outbreak.
The Government has released further details about the Scheme and how it will operate.
In Blackfriars Ltd, Re [2020] EWHC 845 (Ch), the court recently considered an application to adjourn the five-week trial in June.
Losing data could seriously damage a company’s reputation, potentially land it with a fine from the ICO and claims for compensation. Here are a few points to bear in mind.
Companies House is encouraging companies to use electronic filings where possible.
We consider some of the more significant civil litigation developments to date.
Ofqual has published guidance for schools and colleges in relation to exam assessments this summer due to the current crisis.
In these uncertain times, the key role of PFI contractors has been recognised.
The Covid-19 pandemic requires even greater sharing of confidential patient information between health bodies.
Employers must quickly get to grips with understanding when to report issues relating to Covid-19.
Following our previous FAQs and our last update here is a summary of this week’s key developments.
Two main challenges are causing some businesses to look again at their processes.
How to ensure safeguarding standards remain high and compliant for the duration of these measures.
Government departments have relaxed rules around testing and certification, but HSE statutory requirements for inspections remain unchanged.
There are plenty of jobs that cannot be undertaken from home and there have already been press reports of employees raising health and safety concerns.
The impact of The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and The Office for Product Safety and Standards Guidance for local authorities.
NHS England has commissioned independent healthcare providers to provide extra capacity for the treatment of patients.
The Home Office has now published new UK immigration guidance on right to work checks to adjust the rules and adapt to the new situation.
For schools and other education providers, subject to it passing both Houses of Parliament, the bill gives the Secretary of State three new powers.
Employers will be concerned about the risks to their employees identified as essential workers.
We set out some common questions, answers and suggested alternatives to help avoid unnecessary delays.
As a consequence of coronavirus threat the UK Government is issuing more and further guidance.
We set out some answers to some of the most commonly asked questions from our education clients.
The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 have now been published
This article is a reminder of directors duties and provides guidance on navigating the difficult decisions in the weeks to come.
We are able to share with you our template so that you can add to your existing child protection policy.
Focussng on employment, funding, property, commercial and contract, disputes and litigation ad insurance issues.
Senior leaders and School Trust Boards are likely to be faced with the need to make important and urgent decisions.
On Saturday, 28 March 2020, Business Secretary, Alok Sharma MP, announced changes to the insolvency regime.
How should Trusts manage and respond to complaints and Serious Incident Investigations?
Regulations have now been published allowing employees to carry forward 4 weeks of their statutory annual leave entitlement.
Update on the regulatory aspects of care.
The Government has confirmed that it will not enforce the usual deadlines for gender pay reporting.
The Government has now announced the measures that it intends to put in place to support the self-employed who are suffering income loss due to the coronavirus pandemic.
The Coronavirus Act 2020 and provisions to protect business tenants from forfeiture
Impact of coronavirus for retail tenants – some basic questions and answers
The Coronavirus Act 2020 received Royal Assent yesterday.
The Irish Government has set out a package of measures to support public services, people and businesses through the period of disruption caused by COVID-19.
Following the Prime Minister’s announcement on 23 March that all shops selling non-essential goods must close.
As employment healthcare lawyers, never before have we seen so much guidance issued at such a pace so we recognise it will be difficult for you to keep up.
The Government and Companies House have created this joint initiative which allows companies to apply for a 3 month extension for filing their accounts.
The Government has now issued guidance on continued protection of this group.
There is so much understandable focus on the pressures NHS frontline workers face today that it is easy to forget what enormous challenges safeguarding teams and their managers also have to address.
PPN 02/20 is asking contracting authorities within England to play their part in keeping businesses up and running.
This Bill is set to add clarity to our society during this uncertain period in our country.
Key aspects of the Health Protection (Coronavirus) Regulations 2020 and Coronavirus Bill for MHA and MCA practitioners.
As coronavirus (COVID-19) rapidly spreads throughout the world, the government has implemented The Health Protection (Coronavirus) Regulations 2020.
We have just seen the new The Exercise of Commissioning Functions by the National Health Commissioning Board (Coronavirus) Directions 2020.
The new legislation provides flexibility in allowing the government to use the new powers where necessary and also “switch off” any powers which are not needed.
From the perspective of our health clients we set out the powers which are intended to enable the treatment of those who become infected with COVID -19.
The Temporary Framework will be in place until the end of this year and the Commission take a view before then as to whether it should be extended.
The Delay phase of the Government’s coronavirus response plan anticipated a need to take steps to support health and social care systems.
What can organisations do to meet the guidance and to maintain functioning democratic decision-taking?
The Coronavirus Emergency Measures Bill (the Bill) was introduced to Parliament on 19 March 2020.
The government has announced, in the budget and in subsequent briefings, measures to provide support to businesses during this unprecedented time.
The true impact of coronavirus on the games industry is yet to be seen, but there is no doubt that it is currently impacting the industry.
We have considered below which provisions under the Public Contract Regulations 2015 (the PCR) can assist you in your contracting and procurement requirements in the coming months.
New legislation has come into force making it clear that those individuals who self-isolate to prevent infection or contamination with COVID-19 are entitled to SSP.
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With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.
As the World Health Organisation raise its global risk assessment of COVID-19 from high to very high, we are now seeing an increasing number of cases of coronavirus in the UK.
The constantly developing progress of Coronavirus (COVID-19) presents health and social care organisations with a unique array of issues to address and respond to within tight timeframes.
With the cases of coronavirus in the UK on the increase, we’ve rounded up some answers to some of the most commonly asked workplace queries.
With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the potential impact on their businesses if they are forced to temporarily close as a result of the outbreak.
ACAS has issued guidance for employers in order to deal with sick pay, quarantined staff and staff who are reluctant to come into work due to fears of catching coronavirus.