Refine By
Clear all filter
About 91059 results for "*"
PRACTICE NOTES
Employees’ pensions rights under an occupational pension scheme can be categorised as: • pension rights arising under the trusts of the relevant pension scheme, and • contractual terms arising under the employees’ employment contract (either expressly or impliedly) For further information, see Practice Note: Pensions and the employment contract. Recognition of the dual nature of pension rights is important, especially if changes are contemplated to employees’ future pension rights. Generally, changes to employees’ pension rights under an occupational pension scheme will require exercise of the scheme’s amendment power (the sponsoring employer may also be required to consult employees on the proposed changes). However, given the dual nature of pension rights, employers will often also seek to obtain employees’ express consent to the proposed changes (usually following the conclusion of any consultation exercise) so as to minimise the likelihood of a successful challenge by the employees under their employment contracts or other relevant contractual documentation (eg employee handbooks or collective agreements). For further information on consultation by employers, see Practice
PRACTICE NOTES
Reducing the financial burden of defined benefit schemes on employers Recent years have seen many employers seeking to escape or limit their exposure to the rising costs of defined benefit pension schemes and the risks that the operation of such schemes entail. Many employers have sought to achieve this by either restricting access to their defined benefits scheme (so new entrants are no longer admitted to membership) or, in more extreme cases, closing the scheme to the future accrual of benefits. Alternatively, employers may be able to change the scheme’s operative provisions so that benefits accrue on a less generous basis. One way of doing this is to alter the scheme so that members no longer accrue benefits on a 'final salary' basis (ie by reference to salary at or near to the date on which pensionable service ends) but rather on a “career average” basis (ie by reference to salary averaged over a specified period, typically the relevant member’s period of active membership of the scheme). Making
PRACTICE NOTES
A protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is evidence of incapacity. The court is then able to delegate its authority by appointing a deputy to act on P’s behalf, under the terms of an order. The deputy’s authority will continue for so long as the terms of the order allow, unless P no longer comes within the jurisdiction of the court, or if a situation occurs whereby the deputy is either unable to act, or it becomes inappropriate for the deputy to act. In these situations, and on the consideration of evidence filed within an application, the court may make an order to discharge a deputy and appoint a replacement deputy, if appropriate. Replacing a deputy There may be situations when the deputy no longer wishes to act or is no longer able to act. This might be if the deputy is unable to carry out their duties and wishes to be replaced, or if a professional deputy wishes to retire from
PRACTICE NOTES
This Practice Note examines a tribunal’s powers of addition, substitution and removal of parties from proceedings, including the court’s discretion to remove a respondent, under Rule 35 of the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155. It also examines the various instances in which a tribunal may exercise its discretion such as where a time limit may have expired and the process for participation by non-parties in proceedings. Addition, substitution and removal of parties The tribunal has power to add a person as a new party to proceedings, or substitute an existing party with a new person (ie replace an existing party by making a person a party to proceedings who was not previously a party) if it appears that: • there are issues between that person and any of the existing parties, and • those issues fall within the jurisdiction of the tribunal, and • it is in the interests of justice to have determined in the proceedings The tribunal also has power to remove
PRACTICE NOTES
Chapter 16 Annex 16A of the Financial Conduct Authority (FCA) Handbook's Supervision Manual (FCA SUP 16, Annex 16A) sets out a list of standing data which the regulators hold in relation to each authorised firm. This standing data includes: • the registered name of a firm and any trading names • registered office and principal place of business • website address • complaints contact and complaints officer • the name and email address of the principal compliance contact • information about the firm on the Financial Services Register • name and address of firm's auditor • accounting reference date, and • details of any locum used Standing data is used by the FCA and PRA: • to ensure that a firm is presented with the correct regulatory return when it seeks to report electronically • to communicate with a firm • as the basis for some sections of the Financial Services Register, and • to carry out thematic analysis across sectors and groups of firms It is therefore very important that the standing data that the regulators
PRACTICE NOTES
This Practice Note sets out the legal and practical considerations which arise when changing an employee's terms and conditions of employment. It is highly likely that an employer will, at some time during the employment relationship, wish to change the terms and conditions on which any particular employee or group of employees is engaged. This need may arise due to matters such as: • annual pay reviews • promotion of the employee • the need to ensure contracts are up to date with new legislation • changing terms relating to enhanced (contractual) redundancy pay or maternity or other family-related leave and pay, or relating to a pension scheme • business reorganisation • economic reasons, eg if an organisation is considering a restructure or other changes to stay competitive in a changing market • a desire to harmonise disparate terms and conditions of employment which have arisen over time across a business, or to overhaul standard contracts generally The employee may also wish to seek changes to the employment contract, for example if
PRACTICE NOTES
This Practice Note examines the key regulatory requirements and issues arising on a change of authorised corporate director (ACD) of an open-ended investment company (OEIC). It covers the background to OEICs and ACDs, the circumstances under which a change of ACD may occur, the practical considerations when removing an ACD, and the key procedure and timings for changing the ACD of an OEIC. Background to OEICs and ACDs An OEIC is an investment fund in corporate form, as defined in section 236 of the Financial Services and Markets Act 2000 (FSMA 2000), and is constituted by way of an instrument of incorporation. OEICs aim to spread investment risk and provide investors with the benefit of professional investment management. In the UK, an OEIC can only be incorporated if it is also authorised by the Financial Conduct Authority (FCA) as an undertaking for collective investment in transferable securities (UCITS) (see: UK Undertakings for Collective Investment in Transferable Securities (UK UCITS)—essentials for an explanation of what constitutes a UCITS), a non-UCITS retail
PRECEDENTS
This is an example of a guide which can be sent to clients. It is intended to provide general information about how rent payable under an assured periodic tenancy can be changed, the process to be followed and the possible outcomes. This guide provides an overview of the process for changing the rent payable under an assured periodic tenancy, including the notice which must be served by the landlord and the possible outcomes, including an application by the tenant to the First-tier Tribunal (FTT) for the determination of an open market rent. On 1 May 2026 changes introduced by the Renters’ Rights Act 2025 converted all existing assured and assured shorthold tenancies in the private rental sector in England (save for certain exceptions) to assured periodic tenancies. Rent review or increase clauses in tenancies are no longer of any effect and landlords must follow a formal notice procedure to start the process to change the rent payable under the tenancy. How can the rent be changed? A rent review or
PRACTICE NOTES
This Practice Note examines the key regulatory requirements to consider when changing the trustee of an authorised unit trust (AUT), including the procedure for changing the trustee, the process for selecting a new trustee, and the related disclosure and notification requirements. For the purposes of the Financial Conduct Authority (FCA) Handbook, ‘depositary’, in relation to an AUT, means the trustee. What is an authorised unit trust An AUT is a type of investment fund and, pursuant to section 237(3) of the Financial Services and Markets Act 2000 (FSMA 2000), a unit trust scheme which is authorised by an order in force under section 243 of FSMA 2000. An AUT may be a undertaking for the collective investment of transferable securities (UCITS), a non-UCITS retail scheme (NURS), a qualified investor scheme (QIS), a long–term asset fund (LTAF) or a charity authorised investment fund. In certain respects, the FCA’s rules in relation to AUTs differ depending on its classification. For more information, see Practice Note: Authorised unit trusts (AUTs)—What is an AUT? Changing
PRACTICE NOTES
A Limited Liability Partnership (LLP) is a form of legal vehicle which is incorporated under the provisions of the Limited Liability Partnership Act 2000 (LLPA 2000). It has been possible to establish LLPs in England and Wales since 6 April 2001. Key aspects of an LLP include: • an LLP is a body corporate and a legal entity in its own right, with a legal personality distinct from its members • an LLP has unlimited capacity • LLP members enjoy limited liability whereas the partners in a general partnership have unlimited liability (although an LLP is treated as a general partnership for tax purposes) • LLP members are free to agree between themselves (via an LLP members’ agreement) matters such as: ◦ contribution obligations to the LLP ◦ management responsibility issues ◦ profit-sharing arrangements ◦ the appointment and removal of members of the LLP ◦ the obligations of LLP members to save for their retirements Note that an LLP is also distinct from
NEWS
Corporate Crime analysis: The European Commission recently adopted a proposal to reinforce EU rules on anti-money laundering. Zia Ullah, partner at Eversheds, along with Anna Soltani, associate at the firm, explain the main changes.
PRACTICE NOTES
This Practice Note provides guidance on changing, ending or renewing a guardianship for a missing person under the Guardianship (Missing Persons) Act 2017 (G(MP)A 2017). For guidance on making an application to appoint a guardian under G(MP)A 2017, see Practice Note: Making an application to appoint a guardian to manage the property and financial affairs of a missing person. For guidance on acting under a guardianship order, the powers and duties of a guardian and how guardians are supervised by the Office of the Public Guardian (OPG), see Practice Note: Acting as a guardian for a missing person. Amending a guardianship order During the period of a guardianship order, events may occur that indicate the terms of the order are no longer appropriate. The court may vary the order if it is satisfied that: • the person whose property or financial affairs are the subject of the guardianship order is still missing • the absence condition or the urgency condition is met (where the urgency condition is relied on the court may only