The following Employment Q&A provides comprehensive and up to date legal information covering:
For information on maternity leave generally, see Practice Note: Maternity leave.
The interaction between holiday and maternity leave and other types of family leave is complex. As maternity leave can only be taken by a woman, issues of sex discrimination have influenced the approach taken by the European Court of Justice (ECJ) in relation to rights to holiday entitlement. Other types of family leave are, of course, available to those eligible of both sexes, and so sex discrimination is less relevant.
All contractual terms (except those relating to remuneration) subsist during both ordinary maternity leave and additional maternity leave (sections 71(5) and 73(5) of the Employment Rights Act 1996, Maternity and Parental Leave etc Regulations 1999, (MAPLE 1999), SI 1999/3312, reg 9(1)–(2)). See Practice Note: Maternity leave—Rights during ordinary and additional maternity leave. Women therefore accrue statutory and contractual leave in the norm
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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