The following Employment practice note provides comprehensive and up to date legal information covering:
Acas (the Advisory, Conciliation and Arbitration Service) is a publicly-funded independent organisation which promotes good employment relations and assists employers and employees in preventing or resolving employment disputes. Its services include conciliation, mediation and arbitration.
Acas conciliation involves an independent Acas conciliation officer (also known as a conciliator) discussing the issues in dispute with both parties in order to help them reach a better understanding of each other's position. The conciliation officer tries to encourage the parties in dispute to come to an agreement between themselves so as to avoid the need for a tribunal hearing.
An agreement reached following conciliation under the auspices of a conciliation officer is one of the two exceptions to the 'contracting out provisions' which apply to most employment protection legislation, which impose a basic rule that any provision in an agreement that purports to prevent a person from making, or proceeding with, a claim to an employment tribunal is void to that extent. The purpose of the contracting out provisions is to protect
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On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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