There is nothing in the current guidance which suggests that the employer will only be able to access the reimbursement if it makes it a condition of furlough leave that the employee does not work elsewhere. Therefore, in theory an employee could work for another employer. It is however clear that the employee cannot do work for the employer seeking the reimbursement during furlough leave.

No. However withholding 20% of salary would amount to a breach of contract and unlawful deductions of wages unless the employee gives their consent. It is expected that the majority of employees will consent since furlough leave is a much better alternative than unpaid leave, lay off or redundancy.

Some employers will not be able to continue to pay 80% of salaries until the HMRC portal is up and running and reimbursement is received. They therefore have the option of:

Making the employees redundant although this will have its own associated costs
Putting the employees on unpaid leave until the scheme is up and running
Reaching an agreement with the affected employees that they will be furloughed now but that payment of their salaries will be deferred until reimbursement is received from HMRC

Yes. It gives a business without an in-house HR function ongoing access to an employment solicitor, so you always have somewhere to turn the moment something goes wrong, and your contracts and policies stay compliant as the law changes. Winston Solicitors sizes the retainer to your business rather than a one-size package.

Yes , this involves consultation and a fair selection using a number of criteria.

Yes 2 years.

The employer must confirm the employee’s new status in writing. This is an eligibility requirement for accessing the subsidy and a record must be kept of this correspondence. Ideally, the employer should write to the employees and provide a short agreement which they both sign. We can provide a furlough agreement on request.

Serious misconduct eg theft , fighting , fraud, refusing to carry out an instruction.

myHR is our retainer service that acts as your external HR partner and legal counsel. It audits your policies, gives real-time advice on employee relations, and puts a solicitor within a regulated, privileged relationship at the end of the phone. It is built to stop problems becoming tribunal claims, and it sits alongside our 24-Month HR & Policy Guarantee for full policy cover.

Once you have decided to make staff reductions.

The scheme is open to all UK organisations who had created and shared a PAYE payroll scheme on 28th February and have a UK bank account. This means that public sector and local authorities employers are covered although the government expects the scheme will not be used by many public sector organisations as the majority of public sector employees are continuing to provide essential public services and because they are mainly funded by the government .

Not always. Many employer claims settle before a full hearing, through negotiation or a settlement agreement, and some are resolved at an earlier preliminary hearing. Where a hearing is unavoidable, Winston Solicitors prepares your witnesses and represents you at tribunals across the UK, wherever the claim is heard. We advise on the commercial call of whether to settle or defend well before you reach that point.

We work alongside your team and your policies, not over them. You keep ownership of day-to-day HR, and we take the specialist legal load when it matters: the tribunal defence, the senior exit, the high-risk decision, then hand back. Winston Solicitors supports in-house HR teams across the UK without taking the relationship off them.

Yes, there are several ways a winding up petition can be stopped:

Paying the Debt: If the company settles the debt in full or reaches an agreement with the creditor before the court hearing, the petition can be withdrawn.
Challenging the Petition: If there are valid grounds to dispute the debt or if there were procedural errors in the petition's issuance, the company can challenge it in court.
Negotiating with Creditors: Sometimes, creditors might agree to a Company Voluntary Arrangement (CVA) or other repayment plans, leading to the petition's dismissal.

Once a winding up order has been granted by the court, reversing it becomes more challenging. It's crucial to act swiftly upon receiving a petition to explore these options.

For directors of limited companies, there's generally a distinction between personal and company assets. However, if directors have provided personal guarantees for company loans or if they're found guilty liable for misfeasance, wrongful or fraudulent trading, their personal assets might be at risk. It's essential to seek legal advice to understand potential liabilities and explore protective measures.

The duration of the winding up process can vary based on several factors, including the complexity of the case, the number of creditors involved, and any challenges or disputes that arise. Typically, once a winding up petition is presented, a court hearing is scheduled within 8-10 weeks. If the court grants the winding up order, the liquidation process can take several months to a few years, depending on the size and nature of the company's affairs.

Upon the issuance of a winding up order:

Company Assets: All assets, including properties, equipment, and receivables, are collected and sold by the appointed liquidator. The proceeds are used to repay creditors in a specific order set by insolvency laws.

Employees: Unfortunately, employees are often made redundant. They can claim unpaid wages, redundancy pay, and other entitlements from the National Insurance Fund. If the company is sold as a going concern, employees might be transferred to the new owner under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).

You are insolvent if you cannot pay your debts as they fall due and/or your liabilities are greater than your assets.

While both relate to insolvency, they target different entities. A winding up petition is typically issued against a company or partnership, leading to its liquidation if successful. Bankruptcy, on the other hand, applies to individuals and sole traders.

We understand that you may well have not sought medical attention for your injuries, or have evidence of the same. We will put forward your case and detail the nature of the abuse you suffered, including any injuries. If you are claiming long term physical or mental injuries as a result of your abuse, we may need to obtain medical evidence to support the same.

The guidance we have presently is “No”. Whilst having as much evidence of your claim as possible, available would be advantageous, for those who do not wish to make a report to the police, this is currently not a requirement of the scheme. If you do wish to make a report, please report this to Avon and Somerset Constabulary, either online via their website, or by calling 101.

We understand that your time at Eastwood Park will have been many years ago, and therefore it may be difficult know the exact dates. With your consent, we will contact the Criminal Records Office and obtain your convictions history, which will evidence your detention at Eastwood Park.

Our injury specialists will make the claim on your behalf. The process is likely to be similar to other schemes which we have vast experience with. Please use our contact form below to get in touch with a member of our team. They will take some details of your time at Eastwood Park and will be able to tell you whether you are likely to be successful in claiming compensation.

Final figures are still under negotiation however we anticipate the awards to range between £3000 and £9,500.