Thousands of Lancashire employers exposed to breach of contract claims

By Hesford Media

13 Nov 2020

compromise.jpg

Thousands of employers in Lancashire are likely to have expensive legal claims made against them in 2020 and 2021 as it comes to light that a huge number are in breach of their contract with their employees after engaging with the Coronavirus Job Retention Scheme.  

While those companies who have an in-house HR or legal representative at hand may be protected, the greatest risk is to micro businesses who are likely to have DIY-ed their legal and HR processes at the start of the pandemic.

It was assumed by many, that the CJRS simply replaced the employment contract they had with their employees, but this is simply not the case. Where an employment contract was in situ a fixed number of hours, for a fixed level of pay – employers will find themselves in breach of contract where they have paid 80% of their employees salary without mutual agreement to amend the employment contract.

As many employers will have simply told their workforce to ‘stay at home’ and receive 80% pay for doing so, they have neglected to understand that the original employment contract is still legally binding if no formal changes are made and agreed, and this exposes them to claims being made against them for the remaining 20% of their pay.

Victoria Hodkinson, from the Commercial Department at TEN Legal Solicitors says, “We are already seeing employees who have been made redundant, who are not entitled to much or any redundancy pay due to a short service with their employer and the prospects of finding a new job looking bleak, that are making legal enquiries as to whether their employer still owes them anything.

We are also receiving a high number of enquiries from smaller organisations, sometimes with just one or two employees, who realise that they have unknowingly exposed themselves to expensive claims for breach of contract. A lot of our recent work has been around Compromise Agreements, which pay the employee a severance payment in order to waive their entitlement to a future claim, in order to mitigate that future risk”

It is not unlikely that some law firms will start to advertise, in the same way they do for personal injury and mis sold PPI, asking employees whether they agreed to change their employment contract when they were furloughed and offering them compensation if they did not – making this type of claim a very lucrative industry over the coming months and years.

Latest news

1

Supermarket stays put in blow to town's £250m masterplan Blackburn Aerial

Supermarket stays put in blow to town's £250m masterplan

28 Mar 2024

2

Modern Milkman acquires American counterpart article placeholder listing image

Modern Milkman acquires American counterpart

28 Mar 2024

3

Tips for surviving Lancashire's pothole plague

Tips for surviving Lancashire's pothole plague

28 Mar 2024

4

The Pikes wines launched to support Lake District mountain rescue THE PIKES BLOG BANNER.jpg.jpg

The Pikes wines launched to support Lake District mountain rescue

28 Mar 2024

5

Fundraising success sees Stanley Women compete in Dallas Cup The Accrington Stanley Under 18s team which are currently in Dallas.jpg.jpg

Fundraising success sees Stanley Women compete in Dallas Cup

28 Mar 2024

Hwc 2024 Email Signature 980x120
Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Health and Wellbeing Conference 2024
Hwc 2024 Social Media 1200px 1
Networking
23 Apr 2024

Health and Wellbeing Conference 2024

Crow Wood Hotel, Burnley , BB12 0RT

08:30 - 13:00

Business Networking in Preston - BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
29 Mar 2024

Business Networking in Preston - BNI Brunch

Samlesbury Preston Hotel, Preston New Road, Preston, PR5 0UL

09:30 - 11:00

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
29 Mar 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
02 Apr 2024

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Chorley, PR6 8SW

06:30 - 08:30

Business Networking in Blackburn - BNI Vista
EVENT LISTING SIZING Vista.png.png
LBV Hub Networking
02 Apr 2024

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:45 - 08:30

Business Networking in Accrington - BNI Zeus
EVENT LISTING SIZING Zeus.png.png
LBV Hub Networking
03 Apr 2024

Business Networking in Accrington - BNI Zeus

The Mill House, Corn Mill Yard, Accrington, BB5 5HX

06:45 - 08:30

Business Networking in Preston - BNI Diamond
EVENT LISTING BNI Diamond.png.png
LBV Hub Networking
03 Apr 2024

Business Networking in Preston - BNI Diamond

The Marriot Hotel, Garstang Road, Broughton, PR3 5JB

07:15 - 09:00

Business Networking in Lancaster - Eden Business Network
EVENT LISTING Eden Business Network.png.png
LBV Hub Networking
03 Apr 2024

Business Networking in Lancaster - Eden Business Network

The Borough, 3 Dalton Square, Lancaster, LA1 1PP

18:30 - 20:30

Business Networking in Burnley - BNI Kudos
EVENT LISTING BNI Kudos.png.png
LBV Hub Networking
04 Apr 2024

Business Networking in Burnley - BNI Kudos

Prairie Sports Village, Windemere Avenue, Burnley, BB10 2FU

06:45 - 08:30

Business Networking in Lancaster - BNI Castle
EVENT LISTING BNI Castle.png.png
LBV Hub Networking
04 Apr 2024

Business Networking in Lancaster - BNI Castle

Vale of Lune RUFC, Powder House Lane, Lancaster, LA1 2TT

06:45 - 08:30

Business Networking in Preston - BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
05 Apr 2024

Business Networking in Preston - BNI Brunch

Samlesbury Preston Hotel, Preston New Road, Preston, PR5 0UL

09:30 - 11:00

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
05 Apr 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more Lbv115 Online Graphic
Subscribe now

Weekly news bulletin