This Agreement is made on [date] Parties 1 [Name of Company], a company incorporated in England with registered number [insert company number] whose registered office is at [address] (the Company); and 2 [Name of Consultancy], a company incorporated in England with registered number [insert company number] whose registered office is at [address] (the Consultancy). Background (A) [The Consultancy is in the business of [insert description] and has certain services of use to the Company.] (B) The Company wishes to engage the Consultancy to provide [insert description] services to the Company on the terms and conditions of this Agreement. (C) The Consultancy is willing to provide [insert description] services to the Company on the terms and conditions of this Agreement. FORTHCOMING CHANGE: When BSAIA 2025, s 48 is brought into full force on 1 October 2026, it will insert section 14A into IANA 2006. Section 14A establishes that references to ‘employing another person’ in IANA 2006, ss 15–24 include engagement under a worker’s contract or of individual sub-contractors (where an individual contracts to provide work or services that the engaging person has itself contracted to provide to a third

When entering a care home, the future relationship between the new resident and the administrators of the home should be governed by the terms of a contract between them. If the resident is self-funded, this is particularly important. Unfortunately, if they are not self-funded and are relying on local authority-funded accommodation, they will not be a party to the contract, though they will still be entitled to see a statement of terms and conditions. There are two elements that the practitioner should consider: • whether the contract covers all relevant areas • whether any term can be considered unfair The contract The Care Standards Act 2000 (CSA 2000) remains an important part of the historical development of the care home regulatory framework. However, practitioners should note that the principal operational regulatory regime for care homes in England is now contained in the Health and Social Care Act 2008 and the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, enforced by the Care Quality Commission (CQC). Care providers must comply with the CQC's fundamental

An employee who occupies premises owned by their employer may be either a service tenant or a service licensee. In Street v Mountford, Lord Templeman observed that: 'There can be no tenancy unless the occupier enjoys exclusive possession; but an occupier who enjoys exclusive possession is not necessarily a tenant’. He then went on to identify several categories of person who cannot be a ‘tenant’, including a ‘service occupier’ (or ‘service occupant’). A service occupier is an employee who occupies their employer's premises in order to perform their duties as an employee. In those circumstances, the possession and occupation of the employee is treated as the possession and occupation of the employer and the relationship

In the absence of an express contractual provision, there is no general implied right to a pay rise at common law. An implied contractual obligation to increase pay is not part of the

The government has launched a consultation to seek views on the application of measures to address the one-sided flexibility in zero hours contracts. The government is considering to introduce a right to guaranteed hours based on the hours worked regularly and a right to reasonable notice for shifts, along with payment for shifts canceled or shortened on short notice. The consultation seeks feedback specifically on the application of these measures to agency workers. The government will be consulting at a later date on the implementation of these two measures more generally. The consultation closes at 11:59pm on 2 December 2024.

Construction analysis: The Court of Appeal held that a term was implied into a construction contract (a JCT Standard Building Contract) requiring the employer to ‘use all due diligence’ to obtain planning approvals. Further, it rejected the Technology and Construction Court’s (TCC) conclusion that, if the local planning authority acted unreasonably, then neither the employer or contractor could claim against the other in respect of any resulting loss or delay.

Section 6(1)(b) of the Law of Property (Miscellaneous Provisions) Act 1994 provides that the seller is not liable in respect of any matter to which

When entering into a facilities management (FM) arrangement there are many contractual issues for the parties to consider, ranging from how to best place the contract (procurement options and requirements) all the way through to what will happen if, in practice, the contract doesn't live up to expectations (change mechanisms, termination and dispute resolution). This Practice Note summarises the key contractual issues to be addressed when putting together the formal contract document. Each of the issues requires careful consideration and tailoring to take into account any specific project requirements, but it is essential that during negotiations the parties keep in mind the overall contractual matrix of risks and responsibilities (see diagram: What does a Facilities Management contract look like—diagram). Procurement issues Issues around the procurement of FM services can be split into two categories: • how will the client go about procuring the FM contract relationship itself? What will be the process for tendering and entering into the contract? Does the client’s identity and status mean that additional procedural requirements will be placed upon it by public procurement

Privity of contract It is assumed that there is a contract between A and B for the hire of the equipment and a further contract between B and C in respect of a lease of property where the hired equipment is stored by B (and which may or may not include the right for C to enforce storage charges against B). We assume there is no contractual relationship between A and C. Under the rules of privity of contract, only parties to a contract are able to enforce rights and obligations against each other (see Practice Note: Third party rights—the common law doctrine of privity of contract). This means that under the privity of contract doctrine, C could not sue A to enforce B’s obligation (if any) to pay storage charges to C pursuant to the contract between B and C. Where the

This Practice Note is for use when determining applicable law where the contract was entered into on or after 17 December 2009 and before 1 January 2021. For contracts entered into on different dates, a different applicable law regime will be applied by the UK courts. Which regime is applied will depend on the date on which the contract was entered into. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note considers the provisions in Article 5 of Regulation (EC) 593/2008, Rome I which provides for the determination of choice of law in relation to contracts of carriage. The article addresses both the carriage of goods and carriage of passengers, but this Practice Note considers only the carriage of goods. The provisions of Article 5 of Regulation (EC) 593/2008, Rome I apply only to the extent that there is no choice of law pursuant to Article 3 of Regulation (EC) 593/2008, Rome I which recognises the parties’ freedom

[to be typed on employer letterhead] [Name of Employee] [Address] [Date] Dear [insert name of employee] Secondment to [insert name of host company] Further to our recent discussions, I write to confirm the arrangements that have been agreed between us for your secondment to [insert name of host company] (the ‘Company’). 1 Employment with the Employer 1.1 You will continue to be employed by [insert name of the employer] (the ‘Employer’) throughout your secondment to the Company. 1.2 While you are on secondment to the Company there will be no change to your current terms and conditions of employment, as set out in your employment contract dated [insert date][ and [set out details of any other documents that have amended the original contract]], other than those expressly stated below. In all other respects the terms of your employment contract will remain in full force and effect and you will continue to be bound by it. 1.3 [Subject to the Employer's business requirements at that time, it is intended that at the end of the secondment you will return to your current role with the Employer on your current terms and

This Q&A assumes for the purposes of this query that the employee in question is not an irregular hours, or part-year, worker. For further information about irregular hours, or part-year, workers, see Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. A worker’s basic right to time off arises under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, which implement Directive 2003/88/EC, the Working Time Directive (WTD), and provides workers with a statutory entitlement of 5.6 weeks’ annual paid holiday during each ‘leave year’. This statutory entitlement is made up of the ‘basic entitlement’ of four weeks derived from the WTD and an additional 1.6 weeks’ entitlement provided for by the WTR 1998, SI 1998/1833. For further information, generally see Practice Note: Statutory