Reinstatement definition

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Option agreements—acting for the buyer—checklist

Option agreements—acting for the buyer—checklist Call or put option? In a 'call' option the buyer will have control in that it may call for a transfer of the property. A 'put' option gives the seller control in that it can require the buyer to take a transfer of the property and therefore the buyer should be especially vigilant in ensuring that the terms for the transfer (particularly those relating to valuation and, if appropriate, insurance) are as favourable as possible. Seller's charges If the property is already mortgaged at the date of grant of the option agreement, there is a risk that the mortgagee may overreach the option by exercising its power of sale. Therefore ensure that the mortgagee either: • joins into the agreement (this is rare in practice), or • provides written consent to the granting of the option In either case, the mortgagee should confirm that if the buyer exercises the option it will acquire the property free from the charge or, if the mortgagee...

Drafting checklist for claim or response—unfair dismissal: redundancy

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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Calculating a week's pay

Calculating a week's pay The concept of ‘a week’s pay’, calculated in accordance with sections 220–229 of the Employment Rights Act 1996 (ERA 1996), is important for a number of statutory employment rights, including: • the statutory right to pay during a notice period—see Practice Note: Statutory minimum notice—Employee rights during the notice period • calculation of the basic award or an additional award for failure to comply with an order for reinstatement or re-engagement in unfair dismissal cases—see Practice Notes: The basic award—Calculation, Reinstatement—Second stage reinstatement hearing—compensation and additional award and Re-engagement—Second stage reinstatement hearing—compensation and additional award • calculation of the statutory maximum compensatory award for unfair dismissal (although not for assessing the amount of the compensatory award itself—see Practice Note: The unfair dismissal compensatory award—Applying the statutory cap • calculation of a statutory redundancy payment—see Practice Note: Entitlement to statutory redundancy payment—How the payment is calculated • calculation of an award for failure to provide written reasons for dismissal—see Practice Note: Written statement of...

Reporting to a lender in an investment real estate finance transaction

Reporting to a lender in an investment real estate finance transaction This Practice Note discusses the key common issues to consider and report to a lender (often referred to as a funder) in an investment real estate finance transaction. It does not deal with solving any title or other issues (see Checklist: Key issues for funder's property lawyers in real estate finance transactions—checklist) but focuses on the key concerns for lenders and when to report issues to the lender. Importance of reporting to a lender The lender will have obtained a substantial amount of information regarding the property and proposed business plan from the borrower as part of the early discussions on the availability of a loan and whether the property and any other relevant assets are suitable security. This information will be provided to the lender before the heads of terms are agreed and is used by the lender as the basis for its calculations on the level of finance available and the borrower's ability to...

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ET1 grounds of claim—detriment, discrimination and unfair dismissal: shared parental leave

ET1 grounds of claim—detriment, discrimination and unfair dismissal: shared parental leave [Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent from [insert date] as an [insert role] at the Respondent’s premises as [insert address]. 2 The Claimant’s partner is employed by [insert name of employer] and has been so employed continuously since [insert date]. The Claimant’s partner has been earning £250 per week throughout the period of her employment with [insert name of employer]. 3 On [insert date], the Claimant’s partner gave birth to a baby of whom the Claimant is the father. Apart from the Claimant’s partner, the Claimant has the main responsibility for the care of the baby. 4 On or about [insert date] the Claimant gave the Respondent notice of his intention to take shared parental leave. His notice complied with Regulation 9 of the Shared Parental Leave Regulations 2014 in that it included: 4.1 the Claimant’s name; 4.2 the Claimant’s partner’s name; 4.3 the start and...

Deed of priority: single company borrower—single senior secured lender—single junior secured lender

Deed of priority: single company borrower—single senior secured lender—single junior secured lender This Deed is made [insert day and month] 20[insert year] Parties 1 [insert name of Senior Lender] of [insert address] (the Senior Lender); 2 [insert name of Junior Lender] of [insert address] (the Junior Lender); and 3 [insert name of Borrower], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Borrower). Background (A) The Senior Lender has [agreed to provide OR provided] the Borrower with a loan facility on the terms of the Senior Facility Agreement (as defined below). (B) The Junior Lender has [agreed to provide OR provided] the Borrower with a loan facility on the terms of the Junior Facility Agreement (as defined below). (C) [It is a condition precedent to the provision of [each of] the Senior Facility(as defined below) [and the Junior Facility (as defined below)] that the parties enter into this...

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If an employee is made redundant and either works their notice or is paid in lieu of notice, and is then re-employed and pays back their statutory redundancy pay and any payment in lieu of notice payment, is their continuity of employment maintained and not broken?

If an employee is made redundant and either works their notice or is paid in lieu of notice, and is then re-employed and pays back their statutory redundancy pay and any payment in lieu of notice payment, is their continuity of employment maintained and not broken? You may wish to consider: • the mechanism for the employer to offer, and the employee to accept, new or renewed employment as an alternative to a redundancy payment set out in sections 138–141 of the Employment Rights Act 1996 (ERA 1996) • the provisions relating to reinstatement in consequence of action taken in relation to dismissal For information on the former, see Practice Note: Renewal of contract, re-engagement and trial periods. In relation to the latter, under ERA 1996, s 14(2), the continuity of a period of employment is broken where: • a redundancy payment has previously been paid to the employee (whether in respect of dismissal or in respect of lay-off or short-time), and • the contract of employment under which the...

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IP weekly highlights—1 May 2025

This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents, as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.

Zurich expects to cough up US$200m for LA wildfire claims

Law360, London: Insurer Zurich said on 20 February 2025 it expects to take a US$200m hit from the fires that swept Los Angeles in January 2025, in which approximately 30 people were killed and more than 18,000 structures were destroyed or damaged.