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

PM urged not to retaliate over tariffs Manufacturing

PM urged not to retaliate over tariffs

03 Apr 2025

2

CMAC Group appoints Matthew Ratcliffe as chief operating officer Matthew Ratcliffe CMAC

CMAC Group appoints Matthew Ratcliffe as chief operating officer

03 Apr 2025

3

For sale signs at The Villa Villa Wrea Green has been brought to market (Image credit: The Villa Wrea Green)

For sale signs at The Villa

02 Apr 2025

4

Montane group expands with new Lancashire hub Anthony Rae Scott Murcott And Adam Lee

Montane group expands with new Lancashire hub

02 Apr 2025

5

Trio of wins for Lancaster brand and digital consultancy Tom Grattan MD and Daniel Wallace

Trio of wins for Lancaster brand and digital consultancy

02 Apr 2025

Pc Prestonmacan Gif980x120 March
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Lancashire Net Zero Carbon Conference
Net Zero Carbon Social 1200px
Networking
18 Jun 2025

Lancashire Net Zero Carbon Conference

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
02 Apr 2025 - 08 Oct 2025

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 15:30

Lancashire Business Expo 2025
https---cdn.evbuc.com-images-880395853-4862066883-1-original.20241022-091152-2.jpeg.jpg
LBV Hub Exhibitions
04 Apr 2025 - 04 Apr 2025

Lancashire Business Expo 2025

Sir Tom Finney Sports Centre, Preston, PR1 2HE

09:00 - 15:00

The Business Network Central & East Lancashire
LBV Hub Networking
24 Apr 2025 - 24 Apr 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

People Power: Exclusive Event Series
Stay ahead in 2025.jpg.jpg
LBV Hub Seminars
29 Apr 2025 - 29 Apr 2025

People Power: Exclusive Event Series

People's History Museum, Manchester, M3 3ER

17:00 - 21:00

Planning for the future + navigating Inheritance Tax changes
Planning for the future + navigating Inheritance Tax changes for website.png.png
LBV Hub Seminars
01 May 2025 - 01 May 2025

Planning for the future + navigating Inheritance Tax changes

Stanley House Hotel, Mellor, Blackburn, BB2 7NP, Blackburn, BB2 7NP

08:00 - 10:30

A night at the races
1.png.png
LBV Hub Dinners / Balls
02 May 2025 - 02 May 2025

A night at the races

Morecambe FC, Morecambe, LA4 4TB

19:00 - 23:59

Amber River True Bearing quarterly investment seminar
LBV Hub Seminars
22 May 2025 - 22 May 2025

Amber River True Bearing quarterly investment seminar

Cottons Hotel & Spa , Knutsford, WA16 0SU

16:00 - 18:00

Liverpool Business Expo 2025
https---cdn.evbuc.com-images-881365363-4862066883-1-original.20241023-085714.jpeg.jpg
LBV Hub Awards
23 May 2025 - 23 May 2025

Liverpool Business Expo 2025

Aintree Racecourse , Liverpool , L9 5AS

09:00 - 15:00

National Centre for Remote and Rural Medicine Conference 2025
Remote and Rural 3.jpg.jpg
LBV Hub Awards
05 Jun 2025 - 05 Jun 2025

National Centre for Remote and Rural Medicine Conference 2025

North Lakes Hotel and Spa, Penrith, CA11 8QT

09:30 - 17:00

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 Lbv121 Online Graphic
Subscribe now

Weekly news bulletin