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CHECKLISTS
The early conciliation (EC) requirement (also known as mandatory Acas early conciliation) is an obligation on a prospective claimant to contact Acas with certain information prior to submitting a claim in the employment tribunal. The EC requirement was
PRACTICE NOTES
This Practice Note is concerned only with the structure of UK legislation passed by, or processed through, the UK’s four legislatures. This falls into two categories—primary legislation, and with one exception, secondary legislation (sometimes called subordinate legislation. The exception is byelaws, whose place in the legislative hierarchy is explained below but not dealt with in detail. Regnal years Acts are now cited by reference to years (see below) but before 1963, citations referred to regnal years, ie the year of the sovereign’s reign of the session of Parliament in which the Act was passed. How to find legislation—principal types of legislation The principal types of primary and secondary legislation are listed in the table below. In terms of legislative framework and finding the legislation, the chief significance of the type of legislation is that each type uses a different numbering series and form of citation. The different citations are shown in the table. The type of any piece of primary legislation is apparent from its title. The type of any secondary legislation
NEWS
Employment analysis: In Hewston, the Court of Appeal upheld the EAT’s decision that the employee’s dismissal for the ‘composite reason’ of substantive conduct (which in itself did not justify dismissal) and failure during the disciplinary process to show proper contrition or insight was unfair. The Court of Appeal found that, as a general proposition, the use by an employer of such a reason where the misconduct itself could not justify a dismissal would be likely to lead to a finding that the decision to dismiss was outside the range of reasonable responses available to the employer.
GLOSSARY
A method of accumulating interest, where interest is paid on both the initial investment and the interest received during the period.
GLOSSARY
A total return figure calculated by multiplying returns for different periods.
GLOSSARY
Compounding a crime refers to an unlawful agreement whereby a person who has suffered, or claims to have suffered, from a criminal offence accepts a benefit, or agrees to accept a benefit, in return for not reporting the offence, not supporting a prosecution, or otherwise obstructing justice. It is closely linked to perverting (or attempting to pervert) the course of justice and offences relating to witness interference.Across England and Wales, Scotland, Northern Ireland and Ireland, it is generally an offence to take money or other consideration to refrain from prosecuting, or to conceal a crime, save where compromise is expressly authorised by statute (for example, in relation to certain statutory fixed penalties or private prosecutions discontinued for proper reasons).The concept appears in both legislation and case law, and may overlap with statutory offences such as assisting offenders, misprision of felony (historically), or obstruction of justice. In practice, it arises in criminal law, regulatory investigations, and professional discipline, particularly where victims, witnesses or lawyers are alleged to have entered into improper settlements or non‑disclosure arrangements that frustrate criminal proceedings.
GLOSSARY
An area-based performance framework, operative from April 2009, focusing on outcomes delivered by councils working alone or in partnership (see Part 8 of the Local Government and Public Involvement in Health Act 2007 and the Comprehensive Area Assessment Framework Document published by the Audit Commission and others).
NEWS
The Department for Business and Trade has announced that the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Act has received Royal Assent, as the UK is expected to join the CPTPP group later on in 2024. The CPTPP will help to boost UK services and allow British businesses to trade more freely across the trade area, which will increase flexibility and boost competition. It will also increase investment between the UK and CPTPP countries and reduce tariffs on imported goods.
GLOSSARY
An agreement between an employer and employee which settles the employee's employment law claims against the employer, particularly any statutory claims. This sort of agreement was known as a compromise agreement until 29 July 2013 when it was renamed as a 'settlement agreement' by s 23 of the Enterprise and Regulatory Reform Act 2013.
PRECEDENTS
This Agreement is made on [insert date] Parties 1 [Insert Employer’s name] whose registered office is at [insert Employer’s address], company registration number [insert Employer’s company number] (Employer); and 2 [Insert Employee’s name] of [insert Employee’s address] (you) The parties agree: 1 Termination of employment 1.1 Your employment with the Employer [will terminate OR terminated] by reason of [insert reason for termination] on [insert date] (Termination Date). 1.2 You [will be OR have been] paid your accrued basic salary (less deductions for income tax and primary class 1 (employee) National Insurance contributions (PAYE Deductions)) and [will have OR have] received your contractual benefits[, including a payment of £[insert amount] in respect of [insert number] days’ accrued but untaken holiday entitlement] [ [ and] including any relevant contributions to your personal pension scheme] (less PAYE Deductions) for the period up to and including the Termination Date via payroll in the normal way. 1.3 [Any sums due from you to the Employer[ including [a deduction of £[insert amount]] in respect of [insert number] days’ holiday taken in excess of your accrued entitlement for the period
NEWS
Time was of the essence for payment of sums in a compromise agreement regarding a tenant’s break. The wording of the agreement pointed to the conclusion that the original break conditions (for which time was of the essence) remained on foot and it was not an agreement that the lease would terminate in any event. Failure to pay a sum by the break date meant the break was not validly exercised.
NEWS
Commercial analysis: The court considered the principles applicable for setting aside compromise agreements for common mistake of law where the ‘mistake’ was caused by a subsequent judicial decision overturning a previous decision. The court refused to set aside the compromise agreement. Written by Richard B Ritchie, barrister, 24 Old Buildings, Lincoln’s Inn.