COVID-19 Legal Issues - General Guidance

The COVID-19 Legal Landscape is rapidly changing. Here are some general pointers. The below is not intended to be legal advice but help businesses and people affected by this current crisis. If you need tailored advice please get in touch tim@timgunn.co.ns

Health & Safety

•  Employers must manage the health risks to their workers and other people affected in the workplace (the definition of the ”workplace” has rapidly changed and may need some liberal application), taking them seriously and treating employees in good faith.

• Employers should plan ahead and work with staff and unions to address likely scenarios arising from COVID-19.

Property Settlements

• Moving house is not an essential service.

• The National State of Emergency notice issued on 25 March stated: ‘Where you stay tonight is where YOU MUST stay from now on’, Therefore, you are required to stay at that residence for the entire lockdown period.

• There is now additional restrictions of movement imposed by Alert Level 4, Police Statements and Ministry of Health guidance.

Privacy

•  It is essential that you maintain good privacy practices. A number of exceptions to general privacy restrictions may apply where personal information needs to be collected or disclosed to support the response to COVID-19. However, particular care must be taken with personal health information.

Contract

• Triggering force majeure clauses may provide immediate relief but may lead to more longer-term harm.

• Where no FM clause, common law may mean the contract is “frustrated”.

Commercial Leases

• If you have a commercial lease have a look and see if there is an “Emergencies” clause. It is worth checking your agreement with the Landlord. If you have a recent ADLS version of Lease then there may be a provision in the lease about access to the property in an emergency “a fair proportion of the rent and outgoings shall cease to be payable…”. However, there is no current guidance on what is considered a fair proportion.