Is there a cap on the number of employees on Flexible Furlough?

Employers who have apprentices on fixed-term contracts due to end during the pandemic should discuss arrangements with the apprentices including whether an extension to the contract can be offered to allow them to complete their apprenticeship.

If a contract contains a force majeure clause this may become operative due to the coronavirus pandemic and related emergency legislation. Such clauses exist to ensure that if some unforeseen event prevents a party from being able to perform their obligations under a contract, either on time or at all, they will be excused from their obligations and not be held liable for non-performance.

The clause must actually be written into the contract to have effect – a force majeure clause cannot be implied into a contract. Whether it can be relied on by a party will depend on the wording of the clause itself as it may only be applicable in certain limited circumstances.

You should seek legal advice at an early stage if you think that force majeure is relevant, because a number of potentially complex issues must be addressed, many of which will turn upon the exact wording of the force majeure clause in the contract in question:

• Has a force majeure event actually arisen?
• What notification process do you have to follow to rely on the provision?
• What mitigation steps do you have to take?
• What is the effect of the force majeure event – is the contract suspended, or can it be terminated (which might not be what you want)?

In our latest “in conversation” webinar we discussed the outlook for the corporate transaction market. Whilst it would be a brave person to predict the future of anything at the moment given current circumstances, we were joined by two organisations who are very well placed to provide their views.

John Laud, Head of Corporate Banking for North and West Yorkshire for Barclays, his colleague Stephen Loureda from their Credit Analysis Team, and Jill Williams, Investment Director of Mercia Asset Management’s Growth Fund, were in conversation with Ward Hadaway corporate partners Adrian Ballam and Jonathan Pollard to share their thoughts about how the ‘new normal’ for the transactions market may look:

• With supply chain and forecast prediction challenges, how will banks and investors determine what represents a sound opportunity?
• How will distressed and opportunistic acquisition opportunities be funded, and what is investor appetite for such opportunities?
• How have seller and buyer pricing expectations been impacted as a result of the pandemic?
• How are funders reacting, and how should ambitious businesses respond to the very low, or even negative, interest rates?

We expect this video to be of real value to those businesses whose plans of buying, selling or investment may have been impacted by the current economic crisis, but who are looking at opportunities to determine how they may shape their futures – #gettingbacktobusiness.

This will be dependent upon the how the leasehold structure is set up for each relevant building, but it may be the local authority. We would be happy to provide further advice in relation to specific buildings if you contact us separately with the relevant details and documents.

The practicalities and processes regarding disrepair claims will undoubtedly be affected. Housing providers will have to adopt a risk-based approach and consider government guidance to handle claims going forward. Key points to consider are:

• Compliance with the Pre-Action Protocol for Housing Conditions Claims (particularly disclosure)
• The practicalities of inspection
• Non-urgent repairs