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Business in the time of Coronavirus May 2020 Since our last Coronavirus bulletin about 6 weeks ago a lot has changed and a lot has stayed the same. Longer term we must face the possibility that things will never be quite the same as they were before. Will we be able to socialise, to travel, even to work in the same manner as previously? Will changes occasioned by the Coronavirus pandemic lead to practices which are better? Possibly better for the environment? Better for mental health? Will we see better working practices? Like so many changes I guess we'll just have to wait and see. Whatever changes there are there will be teething problems as people adapt to new methods and rituals. In spite of being in lockdown and working from home we are still trying to spend as much time as possible in communication with our clients, whether that is by videocon, email or good old fashioned telephone. And we have been listening to your concerns - the things that really matter to you. There have been some common themes, and hopefully the contents of this bulletin will address some of them. We have articles and podcasts covering the retail and hospitality sectors, adapting to the new normal of working from home, the various schemes introduced by the Government to support business through the Coronavirus (including the Furlough Scheme and access to funding for different sizes and types of businesses). We also touch on issues around Tier 2 visa holders, directors' duties, child support and the changes to the bankruptcy regime. On a more uplifting note we focus on the work of the newly formed Scottish Tech Army and explore how lockdown has proved popular for the bee population. We hope that there is something for everyone of interest, and don't forget: if you have any questions do please get in touch with us either via your usual Morton Fraser contact or by emailing us on our dedicated address: coronavirus@morton-fraser.com.
Stay safe and well. Iain Young, Head of Coronavirus Action Group
Landlords and Tenants - Is it time for a new strategy? As businesses emerge from lockdown into whatever normality looks like, we may start to see an increasing use of company voluntary arrangements ("CVAs") to try to improve balance sheet deficits amongst landlords. Having been at the sharp end of CVAs for some years now, landlords have lived – and just about coped with – the threatened demise of the High Street. But such is the acceleration of that collapse over the last few weeks, that one wonders whether landlords themselves will survive the drastic drop in rental income from the voids caused by failed retailers. Read More
Coronavirus Business Support - Update When we posted our blog regarding Coronavirus business support at the end of March, we had many queries from our start-up and other SME clients, given that smaller businesses wouldn't qualify for the relief offered (apart from the furlough scheme where small businesses have employees). Read More
Coronavirus Job Retention Scheme - Overview and FAQs The UK Government published more detailed Guidance on the Coronavirus Job Retention Scheme (the "Scheme") on 26 March 2020. This was subsequently updated on a number of occasions - most recently 1 May. The Treasury published a Direction on 15 April which is effectively the rule book that will need to be followed when claims are made. It was confirmed on 12 May that the scheme is to be extended until October 2020 with employers being asked to "share the cost" of the scheme from August onwards - more detail is expected from the UK Government shortly. Read More
Directors' Duties and wrongful trading - How are directors supposed to act? Near the end of March I wrote about the position that directors of companies found themselves in during this crisis. Since then, the government has said that the wrongful trading provisions of the Insolvency Act 1986 are to be suspended. Section 214 of the 1986 Act fixes directors with personal liability where they have continued to trade when they knew or ought to have concluded that there was no reasonable prospect that the company would avoid going into insolvent liquidation. Read More
The Scottish Tech Army - We are in It has been heartening to see that amid the COVID-19 crisis some entrepreneurial individuals have created business opportunities such as the launch of the "Scottish Tech Army" this morning. The aim of this initiative is to support the Scottish Government by utilising the skills of furloughed workers (and those who are not currently employed) from Scotland's tech community such as software developers, project and programme managers and business analysts. Read More
Carluccio's - Some Food for Thought On its first day of operation 140000 UK businesses, both small and large, employing approximately 1 million people applied to "furlough" their employees under the Coronavirus Job Retention Scheme ("the Scheme") which allows employers to lay off staff temporarily and claim up to 80% of their wages from the Government, up to a maximum of ÂŁ2,500 a month. This allows the owners and managers of such businesses to "mothball" their business until the Coronavirus lockdown, which has closed many businesses the length and breadth of the UK, is eased and the businesses able to re-open. Read More
Well at Work - Employees at Home In this podcast two of our Employment Team partners, David Hossack and Lindsey Cartwright discuss the issues that should be addressed by employers who have employees at home, either on furlough or working from home, and give some insights as to employers' obligations and some practical considerations to reduce the likelihood of problems arising in the future. Read More
What happens if my visa is due to expire during the Coronavirus lockdown? As we all adjust to life with social distancing, a question I am frequently being asked is what someone should do if they have a visa which is about to expire? There is conflicting information regarding this, as the Home Office announced that people who could not leave the UK due to travel restrictions or self-isolation should contact them to be considered for a visa extension. This was initially reported as an automatic extension, but that is not the case. The extension is at the discretion of the Home Office and there is a specific form that must be completed. In addition, the extension process is only aimed at those who were or are due to leave the UK before the end of May, it doesn't cover someone seeking to extend their visa or switch to another visa from inside the UK. Read More
Furlough scheme extended & important points to consider In our latest podcast, David Hossack and Innes Clark look at the extension of the Coronavirus Job Retention Scheme announced this week and also discuss some important points to bear in mind
arising from the operation of the Scheme. Read More
How can I support my child through COVID-19? In our latest podcast, family lawyer Dianne Millen and experienced child psychologist Dr Anne Woodhouse discuss some of the emotional, practical and legal issues for separated parents during the COVID-19 crisis, and look at how the courts can help. Read More
Bee positive... some good news despite COVID-19 In the Agricultural and Rural Team, here at Morton Fraser, we have a particular affinity with bees and traditionally sponsor the Honey Tent at The Royal Highland Show. Sadly this year we will be unable to do that. However, we can encourage you all to celebrate World Bee Day on 20th May 2020. If you are interested take a look at worldbeeday.org. Sadly, bees and other pollinators, such as butterflies and bats, are increasingly under threat from human activities. We should be concerned about this since pollinators allow many plants, including many food crops, to reproduce. Not only do they contribute directly to food security, but they are key to conserving biodiversity. Pollinators also serve as sentinels for emergent environmental risks, signalling the health of local ecosystems. Read More
Knowledge Hub If you wish to read all our articles regarding the coronavirus and the impact it could have in any of the areas above, then please follow the link for more information. Read More
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