I’m in the process of litigation. What happens during the coronavirus outbreak?
The best advice is that parties should proceed as they would have done before the crisis began.
Related FAQs
- Yes, if contributions to a defined contribution (“DC”) scheme exceed statutory minimum for auto-enrolment purposes, it may be possible to reduce employer contributions to the statutory minimum, but not further.
- However, the processes required for reduction of DC employer contributions will necessitate obtaining legal advice:
- Reducing employer contributions may require changes to the employment contracts of affected staff (as does the furlough process).
- Reducing employer contributions may also require negotiation with trade unions or other staff representative forums.
- Where group personal pensions are used, the contractual format may not permit changes of employer contributions, and hence it may also be necessary to enter into a new contractual arrangement. Choosing a new group personal pension plan is a not insignificant task in itself.
- Employers with at least 50 employees are required to conduct a 60-day consultation process with affected employees if they propose to reduce employer contributions (but please see below).
- Finally, it may require a change to the scheme rules and engagement with the scheme trustees if the scheme is operated under trust.
- For DB schemes, specific considerations apply (see the last section, below).
There is not a magic number. It depends on the nature of the organisation, the work carried out, the organisational structure, the geographical spread, working patterns and conditions. We would give specific advice personalised to the organisation and taking all these and other factors in to consideration. There is no such things as too many MHFAs!
Yes, this is very likely to amount to a reasonable management instruction which is put in place for public health reasons. Employers should make it clear to their employees that this is something they are required to do and that if they fail to do so this may lead to disciplinary action.
Safeguarding issues are relatively uncommon, however, if they do occur, the normal safeguarding procedure of the organisation should be followed.
Office holders who provide services under an intermediary (such as a service company consultancy agreement) and whose services relate to the office held, would fall under the IR35 regime and must be assessed accordingly.