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Will I have to go to court?

The vast majority of disputes settle without ever reaching a final hearing with something in the region of 2-5% of all cases actually ending up in court at a final trial.  So whilst it is very unlikely you would need to attend a court hearing, it is always a possibility.

Related FAQs

Do you need to use HMRC's CEST tool?

CEST stands for Check Employment Status for Tax and, although this should do exactly what is says on the tin, there has been criticism of its accuracy and effectiveness. The CEST tool does not test whether there is ‘mutuality of obligation’ in the relationship which is a key factor in determining status.

You are not obliged to use CEST if you are happy with your own assessment process. If you do use CEST keep a record of the certificate given at the end of the assessment and keep this on the contractor’s file. HMRC will stand by the outcome of a CEST assessment provided the information has been honest and accurate. However, you must have entered information honestly to rely on it – you can’t just say what you want to get the right answer, as HMRC may test what you have said.  Also, many people are unhappy with the CEST tool and consider it leans too much towards employed status.

The Government

Government’s Covid-19 landing page

https://www.gov.uk/coronavirus

Covid-19 recovery strategy

https://www.gov.uk/government/publications/our-plan-to-rebuild-the-uk-governments-covid-19-recovery-strategy

Working safely during Covid-19

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

Working safely during Covid-19: construction and other outdoor work

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/construction-and-other-outdoor-work

Working safely during Covid-19: factories, plants and warehouses

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/factories-plants-and-warehouses

Working safely during Covid-19: labs and research facilities

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/labs-and-research-facilities

Working safely during Covid-19: offices and contact centres

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/offices-and-contact-centres

Working safely during Covid-19: other people’s homes

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/homes

Working safely during Covid-19: restaurants offering takeaway or delivery

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/restaurants-offering-takeaway-or-delivery

Working safely during Covid-19: shops and branches

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/shops-and-branches

Working safely during Covid-19: vehicles

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/vehicles

Business support: loans, tax relief and grants for businesses, employees and self-employed people

https://www.gov.uk/coronavirus/business-support

Education and childcare

https://www.gov.uk/coronavirus/education-and-childcare

Housing and accommodation: renting: guidance for landlords, tenants and local authorities

https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities

Housing and accommodation: moving home

https://www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak

Housing and accommodation: planning inspections

https://www.gov.uk/guidance/coronavirus-covid-19-planning-inspectorate-guidance

Healthcare workers, carers and care settings: NHS guidance for people working in healthcare

https://www.england.nhs.uk/coronavirus/

Healthcare workers, carers and care settings: PPE hub

https://www.gov.uk/government/collections/coronavirus-covid-19-personal-protective-equipment-ppe

Healthcare workers, carers and care settings: adult social care guidance

https://www.gov.uk/government/collections/coronavirus-covid-19-social-care-guidance

Healthcare workers, carers and care settings: shielding and protecting people who are clinically extremely vulnerable

https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19

Healthcare workers, carers and care settings: adult social care guidance

https://www.gov.uk/government/collections/coronavirus-covid-19-social-care-guidance#guidance-for-unpaid-carers

Healthcare workers, carers and care settings: health, care and volunteer workers parking pass and concessions

https://www.gov.uk/government/publications/covid-19-health-care-and-volunteer-workers-parking-pass-and-concessions

International travel and immigration: travel advice for British citizens travelling abroad

https://www.gov.uk/guidance/travel-advice-novel-coronavirus

International travel and immigration: foreign travel advice for each country

https://www.gov.uk/foreign-travel-advice

International travel and immigration: waiting to return to the UK

https://www.gov.uk/guidance/coronavirus-covid-19-staying-where-you-are-if-you-cannot-return-to-the-uk

International travel and immigration: essential international travel guidance

https://www.gov.uk/guidance/coronavirus-covid-19-essential-international-travel-guidance

International travel and immigration: advice for UK visa applicants and temporary UK residents

https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

Government’s financial support for businesses

This page help businesses find out how to access the support that has been made available, who is eligible, when the schemes open and how to apply.
https://www.businesssupport.gov.uk/coronavirus-business-support/

Rishi Sunak

The Twitter feed of the Chancellor of the Exchequer, where he has published various responses to some FAQs from the public.
https://twitter.com/RishiSunak

If a member of staff does not inform me that they ought to be self-isolating will I still be liable for a fine?

Potentially no.

If an employer is not put on notice that the circumstances of a worker or agency worker are such that they ought to be self-isolating, by either the worker or agency worker themselves or another member of staff, then there ought to be a reasonable excuse, and potentially, no fixed penalty notice will be issued.

Can we ask for proof of caring responsibilities and if so what would be reasonable proof?

Yes, but be reasonable and sensitive to avoid any claims of associative or indirect discrimination.

Who do you have to inform and consult?

The duty is to inform and consult appropriate representatives of the “affected employees”.

Note that the term “affected employees” means those who may be “affected by the proposed dismissals or who may be affected by measures taken in connection with those dismissals”. The term extends beyond those immediately at risk of dismissal to include those affected by measures associated with the redundancies.

“Appropriate representatives” can be:

  • The Trade Union (if recognised)
  • (For any roles not covered by collective recognition) any existing standing body of elected or appointed employee representatives (if already in place)
  • Employee representatives, who are elected specifically for redundancy consultation