The Home Office has announced a new criminal offence for those who organise or facilitate illegal gatherings and breach social distancing restrictions ahead of the bank holiday on 31 August 2020 amid the coronavirus (COVID-19) pandemic. Those who facilitate or organise illegal raves, unlicensed music events, or other illegal gatherings of over 30 people may face a fine of £10,000. The new criminal offence comes into force on 28 August 2020. Fines of £100 will continue to be issued to those who attend illegal gatherings and those who have already received a fine will see the amount doubled on each offence, up to a maximum of £3,200.

The Home Office has published a report following research on the impact of the coronavirus (COVID-19) lockdown on crime demand and charge volumes in England and Wales. The report analyses the changes in April 2020 and March 2021. The report highlights that short-term falls in crime workload correlated to an increase in charge volumes for various offences. The Home Office attributes this finding to diverted resources to clearing backlogs and greater proactive policing. The report also highlighted that some offences like shoplifting reduced in recorded crimes and consequently, fall in volumes of charges.

For information: • on the revised Coronavirus Job Retention Scheme (CJRS), see Practice Note: Coronavirus Job Retention Scheme (extended version 1 July to 31 October 2020) [Archived] • on holiday and holiday pay during the coronavirus (COVID-19) pandemic, see Practice Note: Coronavirus (COVID-19)—holiday and holiday pay [Archived] • on holiday and holiday issues generally, see Practice Notes: Holiday and Holiday pay It is clear that: • employees can take holiday while on furlough • the legal framework for calculating holiday pay applies to furloughed workers exactly as it applies to those not on furlough See the section of Practice Note: Coronavirus (COVID-19)—holiday and holiday pay [Archived] entitled: Furloughed workers, under the heading ‘Holiday pay’. The BEIS guidance Holiday entitlement and pay during coronavirus (COVID-19) has not been updated since it was first published in May 2020, and does not deal specifically with flexible furlough under the revised

The restrictions on forfeiture of a business tenancy on the grounds of non-payment of rent contained in section 82 of the Coronavirus Act 2020 (CA 2020) have been extended to 25 March 2022 in England and to 30 September 2021 in Wales. This is to allow time for legislation to be introduced to ‘ringfence’ debt accrued from March 2020 and to establish a binding arbitration system to deal with disputes regarding unpaid arrears which accrued during the coronavirus (COVID-19) pandemic, where landlords and tenants are unable to reach a negotiated settlement. The forfeiture restrictions may therefore be lifted before expiry of the current deadline if the proposed legislation is put in place

A contractual residential tenancy of a property in England which falls outside of the Housing Act 1988 (ie an assured or assured shorthold tenancy) or the Rent Acts is likely to be a common law tenancy. The tenant’s rights and obligations under the tenancy will depend upon the terms agreed by the parties. Where the contractual term of a common law tenancy has expired, the tenant’s right to possession ceases and the landlord is entitled to possession. No notice to quit is required in these circumstances. In the case of

The Coronavirus Job Retention Scheme (CJRS) from 1 November 2020 is governed by the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction, given on 12 November 2020 (Treasury Direction No 5). The Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction to extend the effect of the Coronavirus Job Retention Scheme (CJRS), given 25 January 2021 (Treasury Direction No 6), provides that the CJRS, for the period beginning on 1 February 2021 and ending on 30 April 2021, applies as if Part 1 of the Schedule to Treasury Direction No 5 were set out in the Schedule to Treasury Direction No 6, subject to certain modifications. For further information, see: • HMRC guidance: Check if you can claim for your employees' wages through the Coronavirus Job Retention Scheme • Practice Note: Coronavirus Job Retention

The Home Office has produced caseworker guidance explaining the impact of the Coronavirus Extension Concession (which extended leave which expired between 24 January 2020-31 July 2020, with a grace period to leave the UK between 1-31 August 2020) and the Exceptional Assurance Concession (granting two or ten week protection from the consequences of visa overstaying from 1 September 2020-28 February 2023).

For information: • on how to calculate a week’s pay, see Practice Note: Calculating a week's pay • on calculating holiday pay, see Practice Note: Holiday pay • on zero hours contracts, see Practice Note: Zero hours contracts • on the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814, see Practice Note: Coronavirus Job Retention Scheme—right to statutory redundancy and other termination payments [Archived] • on the extended Coronavirus Job Retention Scheme (CJRS), see Practice Note: Coronavirus Job Retention Scheme (extended version 1 November 2020 to 30 April 2021) [Archived] The concept of ‘a week’s pay’, calculated in accordance with sections 220–229 of the Employment Rights Act 1996 (ERA 1996), is important for a number of statutory employment rights, including calculation of statutory

The Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022) continues and extends the protections given to commercial tenants during the coronavirus (COVID-19) pandemic. It does this by ringfencing rent and service charge debts accrued during the period when premises were required to close, and establishing a statutory arbitration process under which the debts may be reduced or payment deferred. It also imposes a moratorium on landlord remedies in order to protect tenants while the arbitration process takes place. CR(C)A 2022, s 1 provides that the CR(C)A 2022 enables the matter of relief from payment of protected rent debts due from the tenant

The Courts and Tribunals Judiciary has published the speech of the Deputy Head of International Family Justice for England and Wales, MacDonald J, on the remote family access family court. MacDonald J discussed what the family court has learnt so far in its implementation of remote hearings and detailed the benefits and difficulties the court encountered in endeavouring to create a remote access family court as a means of mitigating the impact of the coronavirus (COVID-19) public health emergency.

The Civil Mediation Council (CMC) has published guidance relating to online and remote mediation in response to the coronavirus (COVID-19) pandemic. The guidance is to be used by mediators carrying out mediation remotely, by video or voice-only connections. The CMC confirms that the guidance is not intended to supersede information contained within a mediator’s Code of Practice, and states that mediators must continue to abide by such codes while carrying out remote mediation. The guidance provides information regarding measures prior to the mediation process, during mediation, and after mediation is complete.

MedCo has updated its Examination Guidelines, removing provisions for remote examinations that were implemented during the coronavirus (COVID-19) pandemic. The updated guidelines reinforce that medical examinations must be conducted in neutral, professional environments that are confidential, private, safe and secure. The guidelines explicitly prohibit examinations from taking place at premises belonging to the instructing party.