Resignation definition

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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...

Limited liability partnerships—application of Companies Act 2006 to LLPs—checklist

Limited liability partnerships—application of Companies Act 2006 to LLPs—checklist The majority of law applicable to limited liability partnerships (LLPs) is actually modified company law rather than partnership law. The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009, SI 2009/1804 (2009 Regulations) apply many parts of the Companies Act 2006 (CA 2006), with appropriate modifications, to LLPs. The 2009 Regulations also apply Parts 1, 2, 3 and 5 of the Companies (Cross-Border Mergers) Regulations 2007, SI 2007/2974 to LLPs. The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008, SI 2008/1911 (2008 Regulations) apply parts of CA 2006 in relation to accounts and audit to LLPs with appropriate modifications. This Checklist sets out those provisions of CA 2006 that are applied to LLPs pursuant to these regulations. Companies Act 2006 (CA 2006), section Statutory instrument applying CA 2006 provision Subject Part 2—Company formation CA 2006, s 12A 2009 Regulations, SI 2009/1804, reg 3A (link accessible within SI 2009/1804, reg 4) (inserted by SI 2016/340, reg 5 and SI...

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Constructive dismissal

dismissal of an employee by their employer will typically be at the instigation of the employer. In other words, the employer will terminate the contract of employment by their words or actions. That will amount to what is usually called an express dismissal.There may be circumstances, however, where the employer does not terminate the contract but behaves in such a way as to entitle the employee to resign and to claim that they have effectively been dismissed as a result of the employer’s bad conduct. A resignation in such circumstances may amount to a constructive dismissal.There are three essential requirements for a constructive dismissal:•there must be an actual or anticipatory breach of contract by the employer which is a fundamental or repudiatory breach, ie one that goes to the root of the contract so as to be sufficiently serious to justify the employee's resignation•the employee must resign in response to the breach, rather than for some other reason•the employee must not delay too long in terminating the contract in response...

Contractual notice

In general, employers are free to give notice of dismissal at any time, unless they have expressly or impliedly agreed not to in the contract. There is no breach of contract as long as they allow the employee to work out their notice or (if this is provided for in the contract) pay the employee in lieu of notice.However, an employee whose contractual rights have not been breached may also have statutory rights. For example, a dismissal may not be in breach of contract but it may still be unfair (see: Unfair dismissal—overview).For sample notice clauses, see Precedent: Clauses—termination.Dismissing on noticeAll contracts of employment must include details of the length of notice that the employee is entitled to receive in order to terminate the contract. For further information, see Practice Note: Written statements of employment particulars—What the written statement must cover.There are also statutory minimum rights to notice (see Practice Note: Statutory minimum notice). If the notice period in the contract is different from the statutory minimum notice period, then...

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Special administration—witness statement in support of application for special administration

Special administration—witness statement in support of application for special administration Applicant [NAME OF WITNESS] First Witness Statement Date: [] Exhibit [XX1] Court Reference No: [INSERT COURT REF. NUMBER] [ IN THE HIGH COURT OF JUSTICE] BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT LOCATION]] [COMPANY & INSOLVENCY LIST (ChD)] OR [IN THE COUNTY COURT AT [INSERT LOCATION]] [BUSINESS AND PROPERTY COURTS LIST] OR [IN THE HIGH COURT OF JUSTICE] [CHANCERY DIVISION] OR IN THE MATTER OF [INVESTMENT BANK NAME] AND IN THE MATTER OF THE INVESTMENT BANK SPECIAL ADMINISTRATION REGULATIONS 2011 AND IN THE MATTER OF THE INSOLVENCY ACT 1986 _________________________________________ WITNESS STATEMENT OF [WITNESS NAME] ___________________________________________ I, [witness name], director [and chairperson] of [investment bank name] of [investment bank address] WILL SAY AS FOLLOWS: 1 I am [a director and] [the chairperson] of [investment bank address] with company number [company number] (the Company). The Company is a wholly-owned subsidiary of [insert details], a company incorporated in [location]. It is in...

Policy—regulatory references

Policy—regulatory references 1 Introduction 1.1 The Financial Conduct Authority (FCA) and the Prudential Regulation authority (PRA) (together the Regulators) require firms that are authorised by the Regulators (and subject to the Senior Managers and Certification Regime (SM&CR)) to request regulatory references if they are considering:. 1.1.1 permitting or appointing someone to perform a senior management function; 1.1.2 issuing a certificate under the certification regime; and/or 1.1.3 appointing a non-executive board director. 1.2 These regulatory references are designed to assist prospective employers to assess whether an individual applying for an applicable regulated function is fit and proper to hold that role. 1.3 To enable a prospective employer to assess the fitness and propriety of a candidate for a regulated function, organisations that fall within the SM&CR must provide upon request a regulatory reference that covers the individual for the preceding six years (and, in certain circumstances, longer). It is essential that we comply with our regulatory obligations in obtaining and in responding to such requests, as the failure to...

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Can all five members of an unincorporated association which operates a school resign during its annual general meeting? The constitution requires the association to have five members; if it lacks sufficient members, must the school be closed?

Can all five members of an unincorporated association which operates a school resign during its annual general meeting? The constitution requires the association to have five members; if it lacks sufficient members, must the school be closed? An unincorporated association is an organisation formed when two or more persons (the members) carry on activities together for a common purpose. It does not operate for the purpose of generating profit, and it is not a separate legal entity from its members. There is no body of legislation that sets a legal framework for unincorporated associations. In general, the operation of an unincorporated association is subject to a mixture of common law and its own rules (otherwise known as its constitution or byelaws) rather than legislation. This means that the organisation’s own rules will usually determine the maximum and minimum number of members, how members are appointed and how they can resign. The members of the organisation do not benefit from limited liability because the association is not a separate legal entity...

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Insolvency and the duties of directors in respect of books and records (Manolete Partners plc v Brown; Re New Line Polymers Ltd (in liquidation)

Restructuring & Insolvency analysis: In this trial, Insolvency and Companies Court Judge Prentis reiterated the responsibilities of directors to keep and—when required—produce appropriately detailed copies of the company’s books and records. However, the judgment also provided an important delineation of this duty with respect to the dates during which the defendant was a director or fiduciary. The judgment also demonstrates the judicial approach to a number of different claims for breach of duty where there is no clear documentary evidence either for or against the claim, and where witnesses are found to be of variable reliability. Written by Ali Tabari, barrister at St Philips Chambers.

ASA at UNCITRAL Working Group III—September 2024 and January 2025 meetings

The Swiss Arbitration Association (ASA) is actively participating in the UNCITRAL Working Group III (WG III) discussions on investor-state dispute settlement (ISDS) reform. This report marks the first of a series covering ASA’s engagement in these meetings. Christine Kaddous and Dolores Bentolila represented ASA at the WG III sessions held in September 2024 and January 2025. During both meetings, states continued their discussions on two key areas of reform: (i) the Draft Statute on a Standing Mechanism and (ii) the Draft Procedural and Cross-Cutting Issues Provisions. Christine Kaddous and Dolores Bentolila discuss ASA’s participation in WG III meetings on investor-state dispute settlement reform.

View the latest UK Parliament Acts documents on Resignation

86 Rights of employer and employee to minimum notice

86  Rights of employer and employee to minimum notice(1)     The notice required to be given by an employer to terminate the contract of employment of a person who has been continuously employed for one month or more—(a)     is not less than one week's notice if his period of continuous employment is less than two years,(b)     is not less than one week's notice for each year of continuous employment if his period of continuous employment is two years or more but less than twelve years, and(c)     is not less