UPDATE from the LAA via Twitter:
“To confirm: Duty solicitor slots remain with firms to deliver their allocations. Where solicitors are unable to meet requirement, firms should document the reasons why – we will take NO contract action. Providers can do several things to cover slots:”
You are contractually obliged to inform the LAA about DS “change of circumstances” under 2017 Contract Specification 6.29. The most common of these are:
- a Duty Solicitor gives notice of leaving or leaves your employment or otherwise ceases or is to cease being Engaged by you as a Duty Solicitor;
- when a Duty Solicitor commences maternity or paternity leave and when it is known a Duty Solicitor will be absent as a result of maternity or paternity leave for a period of greater than 12 months from the date of first absence;
- a Duty Solicitor is absent as a result of sick leave for at least two months and for any period in excess of six months from the date of first absence;
Where this is the case 2017 Contract Specification 6.32 applies:
Where a Duty Solicitor ceases to be Engaged by you during a Rota period but before the deadline for the provision of Rota information pursuant to Paragraph 6.35 relating to any subsequent Rota period we will not remove Duty Slots allocated in respect of that Duty Solicitor for the current Rota period. (emphasis added)
We do not believe that placing a DS on “furlough” represents 6.29 (a) – you are lawyers and may have a more concrete view. If, however, it does then 6.32 applies and the slots remain yours for the current rota. (Let’s cross the bridge of the next rota when we come to it). In these exceptional circumstances it is entirely unreasonable for the LAA to require “furlough” disclosure ahead of a definitive, public statement of this interpretation on which they should have consulted with the representative bodies.
In any event there is Contract Standard Term 30.6 (c):
Neither of the parties to this Contract is responsible to the other for any delay in performance, or for any non-performance, of its obligations and duties under this Contract due to any cause beyond its reasonable control. Causes beyond reasonable control are confined to:
(a) severe physical damage caused by storm, fire or flood; and
(b) criminal acts; and
(c) epidemic,
