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Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist This Checklist provides an overview of the questions to be asked when determining: • which system of law is applicable to a contract of employment or employment relationship (applicable law) • whose courts and/or tribunals should decide an employment case (jurisdiction), and • how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights) Brexit impact From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK...
Drafting checklist for claim or response—unfair dismissal: redundancy Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service, or does an exception apply? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Practice Note: Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables. See Practice Note: Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great...
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Evaluating an objection to processing request—flowchart This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise. The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right to object. Data subjects can make a request to an organisation to exercise their right to object to processing at any time. This is not, however, an absolute right to object—it only applies in specific circumstances. There are strict time limits for complying with requests made. See Practice Notes: • Data subject rights—objection to processing • How to handle data subject requests This Flowchart maps out a process for evaluating a data subject request under the right to object that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner’s Office (ICO). It should be...
Defects process in the FIDIC contracts (pre-2017)—flowchart This flowchart sets out the process under the FIDIC Red, Yellow and Silver Books, 1999 editions, for defects under: • clause 7.5, where any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the Contract and the Employer rejects the affected Plant, Materials, design or workmanship • clause 7.6, where the Employer instructs the Contractor to remove and replace any Plant or Materials not in accordance with the Contract, remove and re-execute any other work which
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Employment claims in Scottish civil courts Scottish civil courts, like their counterparts in England and Wales, can and do decide certain employment disputes. However, there are very significant differences between the civil court systems in Scotland and in England and Wales which practitioners need to be aware of. This Practice Note provides an overview of: • the most common orders sought by employment lawyers in Scottish civil courts • the structure of the Scottish civil court system • the jurisdiction and key features of each relevant court • rights of audience • rules of procedure • important points about: ◦ breach of contract claims in Scotland ◦ injunctive (interlocutory) relief in Scotland ◦ dawn raids in Scotland ◦ industrial relations disputes in Scotland ◦ equality of terms claims in Scotland The purpose of this Practice Note is to provide an introduction to the key features of the Scottish civil court system for employment lawyers. It is not intended to and does not purport to be a comprehensive account of...
Bridge to bond facilities What are they? A bridge to bond facility is a type of acquisition financing where the buyer requires the certainty of a fully committed financing package, but which is intended to be replaced in the future with a mid- to long-term financing in the form of high yield bonds. In markets where acquisitions typically do not have a financing condition, a bridge financing package (which is available to be drawn if necessary) is often a key component to a successful bid. This Practice Note focuses on bridge to high yield bond financing. However, investment-grade borrowers also commonly use bridge facilities for acquisitions. Bridge commitments for investment-grade borrowers differ in many ways, including: lower pricing, much less restrictive covenants (the terms often follow the borrower’s existing credit facilities) and the securities demand mechanic may not be included (or if included, it may only be triggered by ratings downgrade). Bridge commitments for investment grade borrowers may also have longer maturities (or extension rights exercisable by...
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Letter of instruction to single joint expert—employment tribunal proceedings Private & confidential [Insert name and address of expert] [Insert date] Dear [insert name of expert] [Insert case heading, eg Ms R Jones v Supermarkets Plc, ET Case Number: 12345] Instruction to act as single joint expert Thank you for agreeing to act as the expert witness in this matter. As you know you will be acting as a single joint expert. We act for [insert name of client] who is [bringing OR defending OR an employment tribunal claim against [insert name of opposing party/parties]. This letter has been countersigned by the solicitors acting on behalf of [insert name of opposing party/parties] to confirm their agreement to the terms of this letter. The aim of this letter is to provide you with the relevant factual background, key documents and to identify the issues you will need to consider. As an expert witness you will be aware of the need for you to comply with certain duties and ensure...
Unapproved share option agreement—standalone deed for employee This AGREEMENT is made on [insert date of execution of the share option agreement] Parties 1 [insert name of company whose shares are being granted under option] (registered number [insert registered number of company]) whose registered office is at [insert registered address of company] (the Company);[and] 2 [insert name of option holder] of [insert address of option holder] (the Option Holder) [and] 3 [[insert name of grantor (if different from company)] of [insert address of grantor] (the Grantor)] Background (A) [The Company has agreed to grant to the Option Holder as at the date of this Agreement an Option to acquire Shares on the terms set out in this Agreement. OR The Company and the Grantor intend that, as at the date of this Agreement, the Option Holder be granted an Option to acquire Shares on the terms set out in this Agreement.] (B) [The Company will satisfy the exercise of the Option by transferring or procuring the...
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A consumer purchases a laptop from a retailer with a twelve-month manufacturer's warranty. When does a retailer have to offer a repair or replacement and must they do so even if the costs are prohibitive? The rights under a manufacturer’s guarantee are separate to and in addition to the rights in the Consumer Rights Act 2015 (CRA 2015). A consumer does not have to avail themselves of the remedies under a manufacturer’s guarantee and if it has expired, they still have their rights against the retailer under CRA 2015. For guidance on this issue, see section Guarantees and extended warranty insurance in Practice Note: Consumer Rights Act 2015—summary—Goods. Under CRA 2015, s 23, if the customer no longer has the right to reject the goods because the 30-day period has expired, they can ask the trader to repair or replace the goods. If the consumer asks the trader to repair or replace the goods, the trader must do so within a reasonable time and without significant...
Under the Consumer Rights Act 2015, when does the right to reject purportedly defective goods (including vehicles) cease? When does the like right to reject purportedly defective digital content cease? It is assumed that for the purposes of the question, ‘defective’ means a failure to conform to a contract (including the implied terms of quality and fitness) under the Consumer Rights Act 2015 (CRA 2015), and does not mean ‘defective’ for the purposes of section 3 of the Consumer Protection Act 1987 (CPA 1987) (ie unsafe). Remedies for non-conforming goods The CRA 2015 lays out statutory remedies available to consumers for breach of their statutory rights, which includes: • the short-term right to reject (see CRA 2015, ss 20 and 22) • the tiered remedies, consisting of first tier remedies—right to repair or replacement and second tier remedies—right to price reduction or final right to reject (see CRA 2015, ss 20–24) See Practice Note: Consumer Rights Act 2015—goods—Remedies for non-conforming goods. Short term right to reject Short-term right to reject...
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The Trade Remedies Authority (TRA) has initiated an anti-dumping investigation into hot-rolled steel plate imports from South Korea, following an application from UK producer Spartan UK Ltd. The investigation, covering the period from 1 April 2024 to 31 March 2025, will examine claims that dumped imports have increased from 14,000 tonnes in 2021 to over 40,000 tonnes in 2024, allegedly causing injury to domestic industry. If the investigation recommends remedial action, the TRA will conduct an Economic Interest Test to assess whether implementing trade remedy measures aligns with UK economic interests.
This week's edition of Environment weekly highlights includes: analysis of the proposed implementation of biodiversity net gain (BNG) requirements for nationally significant infrastructure projects (NSIPs) under the Environment Act 2021 (EA 2021) and the fine imposed on Thames Water for environmental failings and improper payments to shareholders. In addition this week, the Department for Environment, Food and Rural Affairs (Defra) has announced the commencement of the single-use vape ban, , the Welsh Government has introduced the Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill to the Senedd, the Financial Reporting Council (FRC) has launched a consultation on a proposed UK version of the International Standard on Sustainability Assurance (ISSA) 5000, ‘General Requirements for Sustainability Assurance Engagements’, the decision of the German court in Saúl Luciano Lliuya, against RWE AG, and the Independent Water Commission has published an interim report on water sector regulatory reform.
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