The following Employment practice note provides comprehensive and up to date legal information covering:
A woman absent on maternity leave is in a unique position, which requires her to be afforded special protection, but which is not comparable with that of a man actually at work. A woman on maternity leave is not therefore entitled to full pay, despite the principle of equal pay under the Treaty on the Functioning of the European Union. However, this does not mean that a woman on maternity leave is excluded from all equal pay rights whilst on maternity leave (see: Effect of maternity equality clause below).
As is the case with non-maternity protection (see Practice Note: Equality of terms: definition of 'pay'—The principle of equal pay for equal work), the Equality Act 2010 differentiates between:
contractual entitlements: these are covered by the maternity equality of terms provisions, which apply a maternity equality clause into a woman's contract
non-contractual entitlements: these must be brought under the prohibited conduct provisions of the Equality Act 2010. For further information, see Practice Notes: Direct discrimination, Indirect discrimination, Pregnancy and maternity discrimination, Employment events which give rise to prohibited conduct claims and Prohibited conduct claims by non-employees
Where the terms of work of an employee or a holder of a personal or public office (see Practice Notes: Equality of terms: how claims work—Meaning of 'employed' and Equality of terms: how claims work—Office-holders) do not (by whatever
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The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment).It is triable only on indictment. It may be classified in class 2A, 2B or 3 in accordance with the Criminal Practice Directions.The
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
This Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code for Firms. The Standards and Regulations
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the jurisdiction. For guidance, see: Cross border considerations—checklist—Service—Brexit specific.This Practice Note explains when an acknowledgment of
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