Day: May 7, 2020

COVID-19 & Residential Possession

Posted on by Jagdeep Sandher

The impact of COVID-19 has had a marked impact on Landlords of residential property. The large number of tenants facing financial uncertainty from either job losses, the furlough scheme or wage reductions has meant that a considerable number of tenants are unable to pay their rent. This has and will no doubt create some uncertainty for landlords. 

The Government has introduced a number of emergency measures to protect tenants during the pandemic, below is a general synopsis of the position. 

  1. During the period commencing on 26 March 2020 and ending on 30 September 2020 the minimum notice period is now no less than three months; this includes a number of different types of tenancies and includes the most common being assured shorthold tenancies. You will note that the usual notices periods are 2 months or eight weeks (depending on how rent is paid) for notice under section 21 and 14 days under section 8. The change will only affect those notices that are served within the relevant period, any notices served prior to the relevant period are not caught by this extension. 
  2. Ongoing possession proceedings, meaning those that were commenced before the relevant period, have been suspended for 90 days irrespective of what stage the proceedings are at. This includes the enforcement of any writs or warrants of possession.
  3. The courts will not process any new possession claims during this period, but please note that this does not apply to excluded tenants which includes those currently in interim accommodation and lodgers. 

It is uncertain whether these measures will be extended but the legislation does allow them to be extended further should this be necessary.

Disciplinaries and grievances in lockdown

Posted on by Ilinca Mardarescu

ACAS has published new guidance on best practice when conducting disciplinaries and/or grievances during these unprecedented times.

Many employees are currently on leave, have been Furloughed or are simply working from home.  But following the correct procedures for disciplinaries and grievances is still important – and non-compliance can potentially incur an increase in any award should a matter proceed to the Employment Tribunal.  However, whilst it is important to follow ACAS guidelines as much as is practical at the moment, it should also be noted that these are guidelines only.  

ACAS has clarified that an employer can continue with disciplinaries or grievances but must do so in line with current public health guidelines (i.e. social distancing).  It has also advised that employers should give careful consideration to the health and wellbeing of its employees when deciding whether and how to proceed at this time.

Continuing with a disciplinary or grievance may require telephone or video conferencing where employees are working from home or have been Furloughed.  Employers should therefore consider whether this can be done fairly.  Issues such as whether everyone has the right technology to hand, whether this method would affect disabled employees more, allowing for extra time, being mindful or others in the house and how such methods would affect witnesses or companions should all be discussed.

ACAS has clarified also that Furloughed employees can still raise a grievance, attend as a witness or companion and even be asked to attend a disciplinary hearing but that they should agree to do so and all public health guidance should be followed.

Ultimately, an Employment Tribunal will always consider whether an employer acted reasonably in all the circumstances taking into account the size and nature of an employers’ business.

For any assistance with arranging and conducting either disciplinaries or grievances during lockdown and beyond, please contact our Head of Employment, Ilinca Mardarescu.