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PRECEDENTS
[Insert date] Dear [insert name of employee], I have received your letter dated [insert date of employee's letter of appeal] in which you have appealed against the decision, confirmed to you in writing on [insert date], to terminate your existing contract of employment with [enter
Q&As
The right to dismiss without notice (summarily) Either party to a contract of employment may treat the contract as terminable without notice by reason of the conduct of the other party, ie: • in the case of an employer, to terminate the contract summarily for gross misconduct by the employee • in the case of an employee, to resign without notice if the employer is in repudiatory breach of contract Normal rules of contract law also allow the parties to agree when the contract will terminate without notice in the absence of a repudiatory breach, (see eg clause 22 of Precedent: Employment contract for senior employee). However, in the case of an employment contract, statute and case law qualify this basic proposition as follows: • any termination under this clause will not affect the employee’s
NEWS
The Department for Energy Security and Net Zero (DESNZ) has launched a consultation on proposed amendments to the Contracts for Difference (CfD) Standard Terms and Conditions (STCs) to implement Clean Industry Bonus (CIB) reforms for Allocation Round 8 (AR8), following the 2025 consultation and government response. The consultation does not introduce new policy but sets out proposed contractual changes required to implement previously confirmed reforms, including project-level bids, the addition of skills and workforce protection to CIB minimum standards, and payment on delivery. The consultation closes on 1 April 2026.
NEWS
The Pension Protection Fund (PPF) has published the 20th edition of the Purple Book, its annual overview of the defined benefit (DB) pensions landscape. The report indicates continued stability in scheme funding and a gradual reduction in the size of the DB universe. The number of PPF-eligible DB schemes decreased from 4,974 in March 2024 to 4,840 in March 2025. Funding levels improved during the year with the aggregate funding ratio increased from 123% to 125% on a section 179 basis.  Higher gilt yields, which reduced liability values, were the main factor behind this improvement. On an estimated full buy-out basis, the aggregate deficit narrowed from £69.5bn to £47.2 bn and the funding ratio rose from 94.4% to 95.8%. Asset allocations continued to shift towards lower-risk profiles. Schemes invested 70.6% of assets in bonds, while the proportion in equities fell slightly to 15.1%. Meanwhile, the proportion of assets held in annuities reached 13%.
NEWS
The Crown Office and Procurator Fiscal Service (COPFS) has secured convictions against four men for NHS procurement fraud totalling £6m between 2010-2017. The High Court in Glasgow sentenced former NHS officials Alan Hush and Gavin Cox alongside Oricom Ltd directors Adam Sharoudi and Gavin Brown to combined prison terms of 29 years for bribery, corruption, fraud and Proceeds of Crime Act offences. The case involved systematic abuse of NHS procurement processes in exchange for cash and benefits. All defendants face confiscation proceedings, with Brown and Sharoudi receiving ten year director disqualifications.
Q&As
It is assumed that no services have been performed under the terms of the agreement. Contract variation is a subsequent change to an original contract. The parties to the original contract can agree the changes at the time of the variation, or alternatively, a future variation could have been provided for by the parties at the time of the original contract. To avoid the need for consideration, variation can
PRACTICE NOTES
This Practice Note is for use when determining applicable law where the contract was entered into between 17 December 2009 and 31 December 2020. For contracts entered into on different dates, a different applicable law regime will be applied by the UK courts. For guidance, see: Applicable law regimes for insurance contractual disputes below. This Practice Note looks at the insurance contract provisions in Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Definitions are provided and the different provisions for large and non-large risk contracts are explained in terms of choosing the applicable law, failure to choose, escape routes and EU Member State derogation. Insurance cover obligations are explained as is how to determine where the risk is situated. Provisions for reinsurance contracts are briefly considered. Finally, whether Regulation (EC) 593/2008, Rome I or Regulation (EC) 864/2007, Rome II applies when dealing with vehicle accidents
Q&As
An employee may claim a statutory redundancy payment without having been dismissed in one of two situations: • where the employee is ‘laid-off’ by the employer, ie when the employer temporarily shuts down its operation because it cannot find any or enough work for the employees • where an employee is put on short-time working—short-time working occurs where the employer requires the employee to do less than their full contractual hours and the employee receives less pay as a result The provisions set out in sections 147–154 of the Employment Rights Act 1996 (ERA 1996) govern the statutory scheme, whereby an eligible employee is able to claim a redundancy payment if they have been laid off or put on short
Q&As
The right not to be unfairly dismissed is a statutory right arising under section 94 of the Employment Rights Act 1996 (ERA 1996). For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by the 'effective date of termination' of their employment, has been continuously employed for a period of at least two years (this two-year qualifying period is subject to a number of exceptions, such as where the reason or principal reason for dismissal is one which makes it automatically unfair, where the qualifying period does not apply). For further information, see Practice Note: Qualifying period for unfair dismissal. To succeed in a claim of unfair dismissal, the employee has to establish that he was dismissed
PRACTICE NOTES
Price is a key consideration of any construction contract. The FIDIC forms of contract follow two different methods of determining the price. The Red and Pink Books are remeasurement contracts, whereas the Yellow, Silver and Gold Books are lump sum fixed price contracts. This Practice Note looks at how the Contract Price in the 2017 editions of the FIDIC contracts (Red, Yellow and Silver Books) is calculated, and the ways in which it can be adjusted. For a review of price in the 1999 editions of the Red, Yellow and Silver Books, and in the Pink and Gold Books, see Practice Note: FIDIC contracts (pre-2017 editions)—price. Remeasurement In remeasurement contracts, an initial estimate of the value of the works is determined by measuring the quantity of each work item (which will be set out in a document referred to as a bill of quantities) and multiplying it by the agreed rate for that particular item. This calculation is then made again at the end of the project once all the quantities have been remeasured to ascertain the contract
GLOSSARY
A type of cost reimburseable contract under which the contractor is paid the ‘actual cost’ it incurs in carrying out the works, but is subject to a target cost which is agreed by the parties at the beginning of the project. At the end of the project, the parties apply a mechanism/formula to calculate whether savings were made or whether costs overran—the contractor will then either share the savings with the employer or contribute towards the overspend.
Q&As
HM Land Registry’s practice guide 9: powers of attorney and registered land provides: ‘Delegation by two or more trustees to a single agent such as an attorney (“collective delegation” under section 11 of the Trustee Act 2000) may be effective for registration purposes, so that a disposition executed by a single attorney on behalf of joint proprietors may be registered. However,