What are the financial rights of unmarried couples?
As the law stands, the financial rights of unmarried couples are limited. It is a myth that somebody can become a common law spouse if they have lived together for a number of years. If a couple is not married, there is no entitlement to maintenance (income on an ongoing basis) or to a share of the other’s assets no matter how long they have been together for. A person who has enjoyed a particular lifestyle, living in their partner’s house and with their partner meeting the day to day living costs may find themselves in a difficult financial position on separation as the financially stronger party is not obliged to provide housing nor to continue meeting living expenses.
That said, there are two indirect options to consider.
If there are children, they may be able to claim child maintenance from their partner and depending upon circumstances, they may be able to obtain an order to be provided with accommodation for them and their child until the child turns 18. However the house is normally returned to the party who has provided it once the child turns 18.
Another option to consider is whether you have or have acquired an interest in property belonging to a partner due to agreements reached and the way you have conducted your finances. This however can be a complicated area of law which is very fact specific and requires specialist legal advice.
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On 25th June 2020, the Corporate Insolvency and Governance Act, among other things, introduced new restrictions on suppliers of goods and services to terminate the contract in the event that the customer enters an insolvency process. This has very important consequences for many businesses as it could expose them to greater financial risks.
Read more about thisUnfortunately, losses caused by pandemics are not often covered expressly under standard policies, as the risk has been difficult for insurers to price and understand.
Even where additional cover in respect of notifiable diseases has been purchased, it typically will not include Covid-19 within the range of diseases covered by the policy. If the policy includes a list of notifiable diseases, and which does not include Covid-19, it is very unlikely that cover will be available for pandemic-relates losses.
The most common types of covers that could be afforded by insurance policies for coronavirus-related losses and liabilities are traditional business interruption insurance, contingent business interruption insurance, liability insurance, as well as cancellation and abandonment insurance.
Read more about thisObtaining an employee’s Covid-19 test result will amount to processing personal data for the purposes of the General Data Protection Regulation 2016/679 (GDPR) and information about an employee’s health is a special category of data (sensitive personal data under the Data Processing Act 2018 (DPA)).
In accordance with the GDPR and DPA, there must be lawful grounds for processing such information. Most employers rely on employees’ consent to obtain medical information and process sensitive personal data and if the employee is unwilling to give consent, you will not normally be entitled to the information.
Special category data can be processed lawfully if it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller. Employers may be able to require an employee to disclose their Covid-19 test if there is a substantial public interest, such as ensuring that the employee self-isolate if they have a positive test. However, there is a risk that this measure could be considered disproportionate particularly if it is enforced on all employees as a blanket measure.
Read more about thisThe formal Government position relating to construction sites is that construction work should continue on site if it can be conducted safely, and the Business Secretary, Alok Sharma, has written an open letter to the UK Construction Industry thanking it for all its help in the current crisis. The letter also confirms the Government’s current official policy of keeping construction sites open. The full text of the letter can be downloaded.
This also remains the formal position of the Construction Leadership Council (CLC) with the qualification that sites should operate in accordance with Public Health England instructions; without compromising health and safety; and in accordance with the Site Operating Procedures issued last week by the CLC.
In practice, many construction sites have been closed by national developers and house builders due to difficulties with staffing and supply chain, and practical issues with compliance with the social distancing and site operating procedures.
The Scottish Government has recently issued guidance that all non-essential construction sites, which includes housing, office, leisure, schools and retail sites, must close to reduce the risk of the spread of Covid-19.
Read more about thisThis free Getting back to business webinar was held on Wednesday 6th May. On this video, employment partner Paul Scope and associate Flora Mewies looked at your options if you need to flex your employee resource or reduce cost without reducing headcount. This may apply across the business or to particular functions. They discussed a range of options when the furlough scheme comes to an end, including: lay off, short time working, reduced hours, reduced pay and other ways to be flexible.
They also discussed the pros and cons of each option, and cover what you will need to undertake with each of these routes.
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