Blacklist definition

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Checklist—unfair dismissal claims which require no minimum qualifying period

Checklist—unfair dismissal claims which require no minimum qualifying period The qualifying period for bringing a claim of unfair dismissal is two years. For further information general information, see Practice Note: Qualifying period for unfair dismissal. However, no qualification period is required when the reason, or principal reason, for the dismissal is one of those set out in the table below. Reason, or principal reason, for the dismissal Legislation Practice Notes giving further guidance Jury service (with certain exceptions) ERA 1996, s 108(3)(aa)ERA 1996, s 98B Time off work for jury service Pregnancy, childbirth or maternity leave, or other statutory family leave (ie adoption leave, paternity leave, shared parental leave, parental leave, parental bereavement leave, neonatal care leave, carer’s leave, time off for dependants, accompanying to an antenatal or adoption appointment) ERA 1996, s 108(3)(b)ERA 1996, s 99 Detriment or dismissal on grounds of pregnancy, childbirth or maternity leaveDetriment or dismissal on grounds of adoption leavePaternity leave and pay—post–6 April 2024—Protection against dismissalDetriment or dismissal because of shared parental leaveParental...

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Myanmar FDI control

Myanmar FDI control A conversation with Nishant Choudhary (Partner) on key issues on FDI control in Myanmar. 1. What is the applicable legislation? The primary legalisation governing FDI in Myanmar is the Myanmar Investment Law, 2016 (MIL) and Myanmar Investment Rules, 2017 (“MIR”). 2. Which government or other body (or bodies) reviews foreign investments? The foreign investment applications are reviewed by the Myanmar Investment Commission (MIC) in consultation with other line ministries, depending on the potential business. 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (e.g. foreign or non-EU/non-WTO)? Are there specific rules for certain types of investors (e.g. state-owned enterprises)? The MIL applies to all existing and new investments in Myanmar. It also applies to investment measures implemented by government departments and government organizations, except where such measures are necessary to protect and maintain public order, financial system, historical or archaeological valued national treasures and heritage, to preserve natural resources or for the...

Tax Information Exchange Agreements

Tax Information Exchange Agreements This Practice Note provides a brief introduction to Tax Information Exchange Agreements (TIEAs). For a general introduction to the subject of tax information exchange between different jurisdictions, see Practice Note: Exchange of information on tax matters. For guidance on the OECD's Multilateral Convention on Mutual Administrative Assistance in Tax Matters (the Multilateral Convention), see Practice Note: The OECD Multilateral Convention on Mutual Administrative Assistance in Tax Matters (MAATM). For an introduction to the automatic exchange of information, including The Foreign Account Tax Compliance Act (known as FATCA) and the Common Reporting Standard (the CRS), see: Offshore tax evasion—overview and Practice Note: Automatic exchange of information—outline. What is a TIEA? A TIEA is a bilateral agreement by which jurisdictions agree to co-operate in tax matters through the exchange of information. Most TIEAs are based on the OECD's model Agreement on Exchange of Information on Tax Matters (the model Agreement) which was published in 2002. Under the model Agreement, exchange of information is by request only (as...

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In a business-to-consumer contract, where a non-refundable deposit is paid (eg when buying a car) what happens if the consumer decides not to go ahead with the transaction?

In a business-to-consumer contract, where a non-refundable deposit is paid (eg when buying a car) what happens if the consumer decides not to go ahead with the transaction? What does the contract provide? We would initially suggest that you review the contract and consider what provisions it specifically makes concerning the payment, nature and forfeiture of a deposit. The specific terms may offer the customer an opportunity to secure a refund. If there is no specific contractual term securing the refund for the customer, an ambiguity in the contract drafting may also offer the customer an opportunity to negotiate its return. See: Formation and interpretation—overview for Practice Notes that offer guidance as to how the terms of a contract should be interpreted and construed. However, if the contract clearly provides that the deposit paid by the customer is non-refundable in any situation, then in determining whether the customer has any options to secure its return despite the specific contractual provision to the contrary, then the enforceability of the contract provision...

What are the risks of an organisation keeping an internal list of blacklisted companies and/or individuals with whom it does not wish to do business on the basis of information received from third parties or from its own research?

What are the risks of an organisation keeping an internal list of blacklisted companies and/or individuals with whom it does not wish to do business on the basis of information received from third parties or from its own research? In answering this Q&A, we have limited our research to cover data protection, defamation, restrictive agreements in competition law and the Employment Relations Act  1999 (Blacklists) Regulations 2010, SI 2010/493. In conducting our research we have assumed that the organisation is not a public authority or otherwise subject to any public procurement regime. Data protection If the information within the list relates to a living individual, the Data Protection Act 1998 (the DPA 1998) may apply. The DPA 1998, governs the processing of personal data in the UK and it obliges those handling such data to comply with eight data protection principles. For more information, see Practice Note: Data protection—background and key definitions and in particular the sections on Data, Personal data, Processing and Relevant filing system. If...

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AAA asked to improve internal award review process

Law360: The American Arbitration Association (AAA) allows arbitral awards to go unchecked because the AAA operates without any formal audit mechanism, a disgruntled T-Mobile USA Inc customer told a Florida federal judge as he disputes an arbitral award favouring the company.

Claims consultancy's award remitted for fraud under AA 1996, s 68 (Celtic Bioenergy v Knowles)

Arbitration analysis: On an application under section 68(2)(g) of the Arbitration Act 1996 (AA 1996), the Technology and Construction Court found that an arbitration award was obtained by fraud and remitted the challenged parts of the award to the arbitrator. It also granted the applicant an extension of time to bring the challenge. Jefford J found that Knowles, a claims consultancy, had deliberately failed to bring some critical correspondence to the arbitrator’s attention in an ad hoc arbitration with its customer, Celtic Bioenergy. The underlying dispute related to services which Knowles had provided in adjudications between its customer and Devon County Council. The judge also noted obiter that recklessness as to whether a statement was true or false might amount to fraud for AA 1996, s 68(2)(g) if there was some other element of unconscionable conduct.