All Insights

Court of Appeal examines aggregation issues in insurance contracts in England and Wales

Thu, 25 Jan 2024 10:08:10 +0000

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A recent case examined whether losses arising out of the Covid-19 outbreak amounted to a single or multiple losses

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Employment Law Coffee Break: Sickness absence, generative AI and our HR Pensions spotlight for September

Thu, 28 Sep 2023 16:16:50 +0100

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Welcome to our latest Coffee Break in which we look at the latest legal and practical developments impacting UK employers

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Why aggregation matters in insurance contracts in England and Wales

Fri, 14 Jul 2023 11:23:38 +0100

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A recent case has examined how many losses arose out of a Covid-19-related insurance claim

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Revocation of the state of epidemic threat in Poland

Tue, 20 Jun 2023 15:18:20 +0100

On 1 July 2023, the state of epidemic emergency declared in relation to COVID-19 will be revoked in Poland.

What changes await employers as a result of its revocation?

Occupational health examinations

Medical certificates issued as part of initial, periodic and check-up medical examinations that expired after 7 March 2020 will remain valid until 180 days after the date of revocation of the epidemic emergency. This means that the 'overdue' medical examinations will have to be carried out by 28 December 2023 at the latest. From 1 July 2023, employers will no longer be able to exempt from initial medical examinations candidates applying for an administrative and office position who have a current medical certificate that there are no contraindications to work in such conditions. Thus, the general rule that (with the exceptions indicated in the Labour Code) all persons admitted to work undergo an initial medical examination will return.

Health and safety training

In a state of epidemic emergency, it was allowed to carry out initial health and safety training entirely by means of electronic communication (with the exception of the instructional placement of employees working as blue-collar workers, employees exposed to hazardous agents, students undergoing practical vocational training, and students undergoing student training). From 1 July 2023, initial health and safety training will have to take place in stationary form. In addition, if the date of periodic health and safety training fell during a state of epidemic emergency, a state of epidemic and within 30 days of their cancellation, such training must be provided by 30 August 2023 at the latest.

Non-competition

As of 1 July 2023, the possibility to terminate a non-competition agreement after the termination of the employment relationship, agency agreement, contract of mandate or contract of specific work with 7 days' notice will be abolished. The employer will therefore only be able to terminate a non-competition agreement after termination of employment if the post-employment non-competition agreement contains a relevant provision to that effect, i.e. providing for the possibility of such early termination by the employer.

Leave

The employer will lose the possibility to grant the employee, at a date designated by itself, without obtaining the employee's consent and bypassing the leave plan, the overdue annual holiday of up to 30 days of leave. From 1 July 2023, the general rule of granting annual leave in accordance with the leave plan or directly in agreement with the employees will return.

Severance pay

During the duration of the state of epidemics and the state of epidemic emergency, employers with a decrease in economic turnover or a significant increase in the burden on the salary fund as a result of COVID-19 were allowed to pay severance pay of up to ten times the minimum wage. From 1 July 2023, they will be obliged to pay these benefits on the same basis as other employers, i.e. up to fifteen times the minimum wage.

Fiction of delivery

The so-called "fiction of delivery" has been suspended during the state of epidemic emergency and the state of epidemic. Undeliverable letters sent by post subject to delivery against acknowledgement of receipt, which are due to be received during an epidemic emergency or a state of epidemics, cannot be deemed delivered while these states are in force and before the expiry of 14 days from the date of their abolition. This means that if an employer sent a notice of termination of employment to an employee by registered mail while either of these states is in force, the letter can only be considered delivered if the employee picked it up. If, on the other hand, the employee did not pick up the mail, the effect of delivery will occur at the earliest 14 days after the revocation of the epidemic state or epidemic threat. Due to the cancellation of the state of epidemic emergency on 1 July 2023, the so-called "fiction of delivery" will again apply.

Employment of foreigners

If the last day of validity of the work permit (statement on entrusting work to a foreigner) fell during the pandemic (or the state of epidemic emergency), their validity was extended by law until the expiry of the 30th day following the day of cancellation of the epidemic emergency / epidemic state. The lifting of the epidemic emergency means that employers should submit the relevant applications for work permits to legalise the work of foreigners by the end of July.

Foreigners staying in Poland, whose temporary residence permits and national visas expired during the pandemic (or the state of epidemic emergency), have their legal stay extended until the 30th day after the lifting of the epidemic emergency / epidemic state. The cancellation of the state of epidemic emergency, means that employees should apply for residence permits to legalise their stay in Poland by the end of July.

Possibility to perform remote work at the employer's instruction

Pursuant to the Labour Code, an employer may instruct an employee to perform remote work during a state of emergency, a state of epidemic emergency or a state of epidemic and for a period of 3 months after their revocation. Remote working then takes place on the basis of the employer's instruction, without the need to conclude agreements in this respect. The abolition of the state of epidemic emergency on 1 July 2023 means that the employer will only be able to exercise this entitlement until the end of September 2023.

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If you have any questions or concerns about any consequences of the lifting of the epidemic emergency state, please contact us.

How can employers adapt to the evolving international employment law landscape?

Wed, 29 Mar 2023 17:07:15 +0100

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The world of work is changing, with remote working, recruitment and retention of talent and legislative developments posing particular challenges for businesses

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UK Landlord and Tenant: Why an overhaul of the 1954 Act is a risky business

Mon, 06 Mar 2023 11:13:09 +0000

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Osborne Clarke property disputes partner, Kate New, writes for leading real estate title, EG, on the government's proposals to review the Landlord and Tenant Act 1954

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UK Employment Law Coffee Break | Autumn statement, redundancy selection and our HR immigration spotlight

Tue, 22 Nov 2022 16:00:00 +0000

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Welcome to our latest Coffee Break in which we look at the latest legal and practical employment law developments impacting employers

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Coroner reforms in the UK: what happened this summer?

Tue, 20 Sep 2022 12:24:42 +0100

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Streamlining reforms in the Judicial Review and Courts Act aim to tackle a post-pandemic backlog of inquest cases

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Court of Appeal rules in favour of landlord in Covid-19 arrears claim relating to the Trocadero cinema in London

Thu, 28 Jul 2022 16:32:27 +0100

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Court provides further guidance on the impact of the pandemic on commercial rent liabilities owed by tenants

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Landmark arbitration finds UK retailer’s Covid arrears are not protected rent debt

Wed, 20 Jul 2022 16:12:23 +0100

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Success for landlord in the first published award made under the recent UK coronavirus commercial rent arrears arbitration scheme

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Employment Law Coffee Break | Protected beliefs and discrimination, long Covid and our workforce solutions podcast series

Thu, 07 Jul 2022 15:15:22 +0100

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Welcome to this week's Coffee Break setting out the latest legal and practical developments impacting UK employers.

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UK Insolvency Service publishes interim report on the effectiveness of measures introduced by the Corporate Insolvency and Governance Act 2020

Wed, 22 Jun 2022 16:50:13 +0100

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The Insolvency Service is satisfied that the restructuring plan and moratorium processes are broadly meeting their policy objectives – and that ipso facto clauses are likely to be used more in future

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Employment Law Coffee Break | Acas uplift for sham redundancy, agency staff and strikes, and a podcast on employment status issues

Thu, 16 Jun 2022 14:33:44 +0100

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Welcome to this week's Coffee Break setting out the latest legal and practical developments impacting UK employers.

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Medical device, clinical trial and safety rules reforms could boost UK life sciences

Thu, 19 May 2022 11:48:18 +0100

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As the economy falters and NHS waiting lists grow, 2021 legislation offers wide powers to reform product rules and spur innovation

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New WTO Covid-19 vaccine IP waiver proposed

Thu, 12 May 2022 11:56:20 +0100

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A new vaccine IP waiver proposal has been published by the WTO Director-General following informal negotiations between the EU, India, South Africa and the USA

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Employment Law Coffee Break | Discrimination in working arrangements, mental health and wellbeing, and our April HR Pensions spotlight

Fri, 29 Apr 2022 10:43:50 +0100

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Welcome to our latest Coffee Break in which we look at the latest legal and practical developments for employers.

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Employment Law Coffee Break | Fire and rehire, Covid-19 update, Vento increases and our March pensions spotlight

Thu, 31 Mar 2022 16:30:00 +0100

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Welcome to our latest Coffee Break in which we look at recent legal and practical developments impacting UK employers.

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New binding arbitration process introduced to manage recovery of pandemic commercial rent arrears

Fri, 25 Mar 2022 16:08:31 +0000

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New moratoriums on enforcement measures put in place while arbitrations are ongoing – but it is unclear how much take-up there will be of the process

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Employment Law Coffee Break: Managing Covid-19 in the workplace - some FAQs

Thu, 17 Mar 2022 12:46:56 +0000

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Welcome to our latest Coffee Break – this week we focus on the current position with Covid-19 and address some of the common questions arising.

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Employment Law Coffee Break: Increase in compensation limits, Covid-19 update, new working practices and disabled employees, and pension age

Thu, 03 Mar 2022 17:10:57 +0000

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Welcome to our latest Coffee Break in which we look at the latest legal and practical developments for UK employers.

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Employers in the post-pandemic world need to attract talent and protect business

Tue, 01 Mar 2022 17:10:43 +0000

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Workforces are on the move and businesses must prepare to prevent damage from departures

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Employment Law Coffee Break | Covid-19, the metaverse and workforce strategies

Fri, 25 Feb 2022 10:41:12 +0000

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Welcome to our latest Coffee Break in which we look at the latest legal and practical developments for UK employers

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Employment Law Coffee Break | Covid-19 update, fire and re-hire, right to work checks and apprenticeships

Thu, 10 Feb 2022 15:59:57 +0000

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Welcome to our latest Employment Law Coffee Break in which we look at the latest legal and practical developments impacting UK employers.

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Future living: How proptech is transforming home buying

Tue, 25 Jan 2022 16:59:57 +0000

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Increased technology usage since the pandemic began has fundamentally altered the residential transaction process

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Employment Law Coffee Break | IR35 compliance, Covid-19 update, and grievances and ET claims

Thu, 20 Jan 2022 14:19:27 +0000

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Welcome to our latest Employment Law Coffee Break in which we look at the latest legal and practical developments impacting UK employers.

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