<p>Filter Knowledge</p>

This week will bring new developments in respect of EMIR 2.1. Certain firms will need to re-calculate their positions in over-the-counter (OTC) derivatives to reassess their classification under EMIR.

This briefing was updated on 1 July 2020.

On 1 July 2020, changes were made to the Government's Coronavirus Job Retention Scheme (the "Scheme") . As of 1 July 2020, employers are now able to bring furloughed workers back part-time and, from 1 August 2020, employers will be required to contribute to the wage subsidy on a phased basis. The Government has issued guidance on how these changes operate, which is supported by an updated version of the Treasury Direction containing the legal provisions underpinning the Scheme.

Following the implementation of the UK Government's COVID-19 Recovery Strategy and COVID-19 Secure Guidelines, measures concerning the health and safety ("H&S") and welfare of workers should be at the fore of employer risk mitigation strategies. With Government guidance stating that "for the foreseeable future, workers should continue to work from home rather than their normal physical workplace, wherever possible", employers should be considering separate H&S concerns and procedures required to protect employees or workers carrying out activities in the homeworking environment.

Following last week's announcement that the new domestic reverse charge to be implemented for certain construction services will, again, be delayed – this time from 1 October 2020 to 1 March 2021, regulations have been published setting out more detail. 

Stakeholder capitalism is not a new idea, but it is one with profound resonance in contemporary corporate culture, even before the dramatic changes brought about by COVID-19.

Following the decisions of Debenhams and Instant Cash in 2019, 2020 looked to be an uncertain year for the landlord CVA. Six months on and a global pandemic later, CVA activity is rising again to cope with a seismic shift in the retail and casual dining sector.

A decision is expected to be made this month on whether to extend the Brexit transition period. Not extending risks a disorderly end to the transition, adding a further economic shock to the damage done by COVID-19 – but extending exposes the UK Government to accusations of failing to deliver on its core promise to "get Brexit done".

This briefing was updated on 8 June 2020.

HMRC announced on 29 May 2020 that it will be consulting on draft legislation to tax certain of the Covid-19 support measures provided to businesses. 

The UK has now published the tariffs it expects to apply after the Brexit transition period expires on 31 December 2020 (unless it is extended).  What do these mean for business and why is the government planning to impose tariffs on more goods than it proposed last year in the event of a no deal Brexit?

The UK Competition and Markets Authority has made it clear that it will not relax key UK merger control rules in response to COVID-19, although it recognises that some adjustments may be required.

On 28 May, the Secretary of State for Business, Energy and Industrial Strategy granted a Development Consent Order for Cleve Hill Solar Park in Kent.

Chancellor Rishi Sunak has today announced further details of how the Coronavirus Job Retention Scheme will change in the coming months. From 1 July 2020, employers will be able to bring furloughed workers back part-time and, from 1 August 2020, employers will be required to contribute to the wage subsidy on a phased basis (albeit at a lower contribution that previously anticipated).

In the final session of the Employment webinar series on a range of employment law issues associate with Covid-19, we discuss some key non-Covid-19 HR issues and what else should be on your radar for the rest of the year.

In response to the unique disruption the COVID-19 emergency presents to the economy, the Cabinet Office has issued non-statutory guidance on responsible contractual behaviour in the context of the emergency. Released on 7 May 2020 and titled "Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the Covid-19 emergency", this guidance calls for parties to contracts, including parties from both the private and public sectors, to act responsibly and fairly.

In the third session of the Employment webinar series on employment law issues associated with Covid-19, Siân Keall, Ailie Murray and Sarah Baker talk about how best to handle restructuring and redundancies within their business and how to plan for the future.

The "S" of ESG has historically been neglected in favour of a focus on climate change and corporate governance. When people hear the word "Sustainability" their first thought is usually the environment.

AG Kokott has delivered her opinion in Sonaecom C-42/19, the latest of a long line of CJEU cases on VAT recovery by holding companies. This opinion, if followed, will limit VAT recovery on costs incurred in connection with abortive transactions.

The transition towards a digitalised legal system has long been on HMCTS' cards, however it is only now that real strides have been taken to achieve this. In light of the Covid-19 outbreak, all hearings (insofar as possible) are taking place remotely, i.e. via a video calling platform.

The case of ACL Netherlands B.V. (as successor to Autonomy Corporation Limited) and others v Dr Michael Lynch and Sushovan Hussain, in which this firm acted for the Claimants (referred to here as "HPE" for ease), has attracted much media attention. The trial took place over 10 months before Mr Justice Hildyard in the period March 2019 to January 2020.

In his International Mother Earth Day message, UN Secretary General, António Guterres, urged governments to turn the worldwide recovery from the Covid-19 pandemic into "a real opportunity to do things right for the future"^[1].