[To be typed on the organisation’s headed notepaper] [Insert name of worker] [Insert worker’s address] [Insert date] Dear [insert name of worker] (you) Casual work for [insert name of organisation] (we or us) This agreement sets out the terms on which you and we have agreed that you will provide your occasional services as [insert role] on a part-year, casual basis. Due to the nature of our business, and this role, we are unable to anticipate exactly on what days and for what hours we will need your services during [term-time OR the [summer] term OR the harvest period OR the performance season at [insert name of venue]]. 1 Status Your employer under this agreement is [insert name of organisation]. This agreement is not a contract of employment and it does not give you any employment rights, other than those to which workers are entitled. 2 Term of engagement 2.1 Your engagement under this agreement will start on [insert date] and will continue until either you or we give no less than [insert number] weeks’ notice of termination (Term). 2.2 Your engagement is not subject to a probationary period.

What form does Option C take and what is meant by ‘existing structures’ under the Contract? Pursuant to Schedule 3, the contract provides for three different insurance options, namely: • Option A—All risks insurance of the works taken out by the contractor for new buildings • Option B—All risks insurance of the works taken out by the employer for new buildings, and • Option C—Insurance of existing structures and the works in or extensions to them taken out by the employer Insurance of existing structures Option C requires the employer to take out insurance in the names of the employer and the contractor ‘for the full cost of reinstatement, repair or replacement due to any of the Specified Perils’ in respect of the employer’s existing structures and contents. Clause 6.8 of the contract defines

Where an employee who has been dismissed for redundancy is offered their old job back or is offered another job (with the same employer or an associated employer), and they restart employment within four weeks of the previous one ending, they are considered not to have been dismissed and are not entitled to a redundancy payment (section 138(1) of the Employment Rights Act 1996 (ERA 1996)). For further information, see Practice Note: Renewal of contract, re-engagement and trial periods. When it comes to determining whether an employee’s continuity of employment is preserved during the gap between their old

The construction industry scheme (CIS) applies to contractors and subcontractors providing or operating under a contract for the provision of construction operations. Broadly, construction operations are activities carried out

This Practice Note examines the approach to sub-contracting under the 1999 editions of the FIDIC Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. It also looks at the key features of the two standard form sub-contracts published by FIDIC: • Conditions of Subcontract for Construction 2011, which is for use with the Red Book 1999 and, with some amendments, the Pink Book 2010 (the Red Book sub-contract) • Conditions of Subcontract for Plant and Design-Build 2019, which is for use with the Yellow Book 1999 (the Yellow Book sub-contract) Despite being published in 2019, the Yellow Book sub-contract is for use with the 1999 edition of the Yellow Book main contract—not the 2017 edition. For information on sub-contracting under the 2017 editions of the Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017—sub-contracting. Approach to sub-contracting in the FIDIC contracts The key principle in the FIDIC contracts in relation to sub-contracting is that the contractor remains responsible to the employer for work carried out by sub-contractors. This is enshrined

We are not aware of any authority on this specific point. Special condition 1.3.7(e) of the Standard Conditions of Sale (Fifth Edition) states: ‘A notice or document sent by the following means is treated as having been received as follows: (a) by first-class post: before 4.00pm on the second working day after posting (b) by second-class post: before 4.00pm on the third working day after posting (c) through a document exchange: before 4.00pm on the first working day after the day on which it would normally be available for collection by the addressee (d) by fax: one hour after dispatch (e) by e-mail: before 4.00pm on the

Commercial analysis: The court held that RDA Television LLP (RDA) was entitled to terminate its contract with European Processional Club Rugby (EPCR) as a result of the postponement of matches due to the coronavirus (COVID-19) pandemic. The court held that the contract provided for the matches to be arranged within the season and EPCR’s delay in hosting these matches entitled RDA to terminate the contract pursuant to its force majeure provisions. The decision turned on the court’s interpretation of the contract and will be of interest to both non-contentious and contentious practitioners. Written by Nicole Bollard, barrister at 3PB Barristers.

This is a type of regulated investment as defined in article 87 of the Regulated Activities Order.

Construction analysis: What happens when an employer under a building contract denies that it is a binding contract on the basis that a signed contract was not actually signed by a director or signed at all. This is what the court grappled with in this case. The court had to decide: (i) Did the employer sign the JCT contract?; (ii) If so, was the contract conditional on funding so that it did not bind the defendant until it had obtained funding?; (iii) If the contract was not conditional, was the claimant entitled to damages and to payment of the invoices that it raised for the costs of the hire of plant and equipment and for standstill charges? The court found that the JCT Contract had been signed by the employer. The lack of coherence and consistency with employer’s evidence with the contemporaneous evidence coupled with oral evidence in court from a key person from the employer who ‘was not an impressive witness’ was compelling. Written by Hamish Lal, partner at Hamish Lal Partners.

This Practice Note looks at the FIDIC Conditions of Contract for Plant and Design Build 1999, commonly known as the FIDIC Yellow Book 1999. FIDIC published a new edition of the Yellow Book in December 2017—see Practice Note: FIDIC contracts—introduction to the FIDIC Yellow Book 2017 for guidance on the 2017 edition. In relation to the 1999 suite, see also Practice Notes: FIDIC contracts—introduction to the Red Book 1999, FIDIC contracts—introduction to the Silver Book 1999 and FIDIC contracts (pre-2017 editions)—Yellow and Silver Books compared For what type of project is the contract suitable? The FIDIC Yellow Book 1999 is recommended for the provision of electrical and/or mechanical plant, and for building or engineering works designed by the Contractor. The FIDIC Yellow Book 1999 is not suitable for use where the Employer is carrying out the design—in this case, the FIDIC Red Book 1999 should be used instead. Like all the contracts in the FIDIC suite, the FIDIC Yellow Book 1999 is designed to be able to be used

Construction analysis: The Technology and Construction Court (TCC) found that the claimant was entitled to damages from the defendant quarrying business, because stone supplied by the defendant to the claimant for use on a housing development was not fit for purpose.

Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out a regulated activity, or purport to do so, in the UK unless they are either an authorised person (ie authorised by the Prudential Regulation Authority and/or the Financial Conduct Authority), or an exempt person (eg by being an appointed representative). For an overview of the regulated