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GLOSSARY

Employer definition

Published by a LexisNexis Construction expert

What does Employer mean?

Also known as the client or developer. The person for whom the works are undertaken under the contract'>building contract by the contractor. Sometimes, but not necessarily, the employer is the owner of the site.

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Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist

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 a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

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Claims under the FIDIC Red and Yellow Books 2017 (clause 20.2)—flowchart

Claims under the FIDIC Red and Yellow Books 2017 (clause 20.2)—flowchart This flowchart sets out the process for claims by the Contractor or Employer under clause 20.2 of the FIDIC Red and Yellow Books 2017, which applies to: • claims by the Employer for: ◦ additional payment or a reduction in the Contract Price, and/or ◦ an extension of the Defects Notification

Defects process in the FIDIC contracts (pre-2017)—flowchart

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

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...

Managing conflicts of interest in pensions

Managing conflicts of interest in pensions THIS PRACTICE NOTE APPLIES TO TRUST-BASED OCCUPATIONAL PENSION SCHEMES Legal requirements in relation to conflicts of interest Pension scheme trustees have a duty to act in the best interests of the scheme's beneficiaries. However, trustees may owe duties to other parties or have personal interests which conflict with that duty. It is a general principle of trust law that trustees should not put themselves in a position where their duty to act in the best interests of beneficiaries conflicts with duties that they owe to other parties or with their personal interests. If trustees make decisions while subject to a conflict of interest that has not been appropriately managed, there is a risk that those decisions may be challenged by scheme members or overturned by the courts. It is important that the members of a scheme should perceive a conflict or potential conflict as having been properly managed. The directors of a company that acts as a trustee of a...

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Settlement agreement additional clauses—agreed announcement

1 [ Reference and Announcements 1.1 The Employer will, on receipt of a written request from a prospective employer, provide a reference [in the form set out in Schedule [insert Schedule number] OR in the Employer's standard form]. 1.2 [The Employer agrees to deal with oral enquiries about you from prospective employers in a manner which is consistent with the text of the reference referred to in clause 1.1.] 1.3 All announcements, statements or releases of information concerning your departure from the Employer [will be OR have been]

Access clause (building contract)

[Access 1 [The Contractor acknowledges that the Employer, Funders, Purchasers, Tenants, Other Interested Third Parties and/or persons employe

Dive into our 599 Precedents related to Employer

In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply?

In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply? This Q&A considers the relevance of Regulation (EU) 1215/2012, Brussels I (recast) when considering whether permission is required to serve out of the jurisdiction. What is the relevance of Regulation (EU) 1215/2012 (Brussels I (recast)) when considering whether permission is required to serve out of the jurisdiction? Permission is not required to serve a claim form out of the jurisdiction where the factors in CPR 6.32 or CPR 6.33 are satisfied (note that CPR 6.32 is not relevant in this instance as it only applies to Scotland and Northern Ireland). CPR 6.33 sets out various scenarios where the permission of the court is not required to serve out of the UK. These include (at CPR 6.33(2)) reference to various provisions of Regulation (EU) 1215/2012 (Brussels I...

When issuing a claim form (for a debt matter) where the defendant is a company based in Jersey, the court has advised we need to provide a completed Form N510 but they cannot advise which box to tick. How is Jersey classed?

When issuing a claim form (for a debt matter) where the defendant is a company based in Jersey, the court has advised we need to provide a completed Form N510 but they cannot advise which box to tick. How is Jersey classed? Jersey is part of the Channel Islands. The islands are a crown dependency. Form N510 can only be used where permission of the court is not required to serve a claim form out of the jurisdiction. it is therefore important to determine whether the court’s permission is required to serve the claim form in Jersey. Permission is not required if any of the provisions in CPR 6.33 apply. Where proceedings were issued prior to 31 December 2020 at 11 pm, permission will not be required if the provisions in CPR 6.33(2) apply. These cover proceedings in which: • the defendant is not a consumer, but is a party to a consumer contract within Article 17 of the Judgments Regulation • the defendant is an...

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PI & Clinical Negligence weekly highlights—5 June 2025

This week's edition of PI & Clinical Negligence weekly highlights includes news of interest rate reductions for Court Funds Office accounts effective 30 May 2025 following a decrease in the Bank of England’s base rate, and a new guide for the Court of Appeal (Civil Division) introducing mandatory electronic filing and streamlined procedures for civil appeals. We consider a High Court decision where a teenage passenger’s claim for brain damage from a motorbike accident was reduced by 20% for contributory negligence for not wearing a helmet and accepting a ride from an inexperienced rider. We also bring you a workplace COVID-19 appeal that was allowed due to errors in applying the causation test during summary judgment, and a claim involving occupational injury from acoustic shock that was dismissed after the required diagnostic criteria were not met. In addition, we have our usual round-up of other news, cases and New Law Journal articles of interest and we have included a free webinar.

Immigration weekly highlights—5 June 2025

Welcome to the 5 June 2025 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

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