In Practice Note, it says ‘salary may be paid in the UK or abroad’. Does this mean that a sponsored worker can be paid through an overseas group company and not through the UK sponsor? The standard position envisaged under the worker sponsor regime is that a UK sponsor is the employer of the sponsored worker as is stated in paragraph L1.1 of Workers and Temporary Workers—guidance for sponsors part 1: apply for a licence: ‘If you wish to employ a person who is not a settled worker, or who does not otherwise have immigration permission to work for you in the UK, you will need

EU Law analysis: In JX v FTI Touristik GmbH, the Court of Justice clarified the scope of Regulation (EU) 1215/2012, Brussels I (recast) Regulation, ruling that a consumer domiciled in a Member State could bring a claim against a company domiciled in the same Member State, provided there is a cross-border element, such as the destination of the service being abroad. The court held that the Regulation not only determines international jurisdiction but also directly confers territorial jurisdiction to the courts of the consumer's domicile, overriding national civil procedural rules that would otherwise require litigation at the company’s place of domicile. This decision is particularly significant for consumer protection in cross-border disputes and has broad implications for businesses and legal practitioners across the EU. Written by Alexander Schmalenberger, Knowledge Lawyer at Taylor Wessing, Hamburg.

This Practice Note is a ‘how to’ guide on executing deeds which signposts relevant content. It includes a summary of what a deed is, the requirements for the valid execution of a deed, links to the execution formalities for different entities, other legal considerations, and practical points when executing a deed. A deed is a specific form of written instrument required for certain transactions. Deeds must be executed in accordance with statutory and common law formalities that go beyond a simple signature in order for the document to be valid and enforceable. For further general guidance on executing deeds with links to related content, including detailed guidance on deeds, see Practice Note: Ireland—Executing simple contracts and deeds. Preliminary considerations Do you need a deed? There are very few categories of transactions that require execution by deed. A legal estate or interest in land may only be created or conveyed by a deed. This includes transfers of land, mortgages and charges. In practice, leases of land are often executed as deeds but they are not required by

This Practice Note looks at the nature of repair and maintenance contracts, how they are used and the different types of such contracts: term contracts and contracts for specific, pre-defined works. It looks at particular considerations that need to be taken into account in respect of repair and maintenance construction contracts and at the standard forms that might be used by an employer to appoint a contractor for this type of work. The term ‘repair and maintenance contract’ could be used to refer to: • a contract for a specific project involving pre-defined repair and maintenance work to be carried out by the appointed contractor (referred to, in this Practice Note, as an ‘R&M contract’), or • a programme of, as yet undefined (or defined only by type), repair and maintenance works that are to be carried out by the appointed contractor, upon instruction to do so, over a specified time period (usually several years) across a number of properties. This type of contract might be referred to as a measured term contract or term contract (for

This Practice note sets out the timeline of a PPC2000 contract. It looks at what happens when the various contracts are entered into and when other key documents are developed/finalised. For more detail regarding the style and structure of the PPC2000 contract, the partnering ethos behind it and the features which differentiate this contract from other industry standard forms, see Practice Note: PPC2000. Stage 1—Pre-contract Initial actions of the Client The Client must assemble the initial Partnering Team. At this stage the Partnering Team is likely to comprise of the Client itself, the Constructor, the Client’s Representative, at least one designer, a cost consultant and possibly one or more Specialists. The Client must produce: • The Project Brief The Project Brief sets out the Client’s requirements in respect of the project. This may be in performance terms—ie what it wants the project to do—or, if established, prescriptive terms. The information in the Project Brief will include all the information that is available in relation to the project and the site, the Client’s expectations in respect of the various parties, the Client’s

[To be typed on employer’s headed notepaper] [Enter employee name] [Enter employee address] Confidential: addressee only [Date] Dear [enter name of employee] Proposed change to your [contract of employment OR [enter details, eg holiday entitlement]] I refer to our meeting on [enter date] and my letter[s] dated [enter dates of letter(s) that have already been sent to the employee], [a copy OR copies] of which [is OR are] enclosed. [Set out details of any prior individual and collective consultation process that has taken place.] I understand that you have not agreed to the proposed change[s] set out in my letter[s]. As we have discussed, if agreement to the proposed changes cannot be reached with all affected employees after the consultation process

It has been assumed this Q&A refers to a business to business contract which is not subject to specific industry or sector regulation. Additional considerations may apply for a business to consumer contract. Variation generally Over the course of a commercial arrangement there will be occasions when a written contract needs to be varied or amended to reflect the changing needs of the parties or environment within which they are operating. Where the original contract is in writing, it is common practice to include a term providing that any amendment or variation of that agreement is to be made in writing and signed by all parties or their authorised representatives. For an example, see Precedent: Variation clause. Some written contracts go further and provide that the parties must discuss and negotiate a proposed variation only within the confines of a prescribed process and in a pre-agreed format, for example, see clause 10 and Schedule 12 of Precedent: Outsourcing agreement—long form. Any agreement

Employees' duties do not have to be set out in their contracts of employment. The contract only needs to include a description of the job or a brief description of the work to be done. Contracts rarely go much beyond this statutory minimum, as employers generally want flexibility in the work they can require employees to do. Duties are often linked to titles, for example: 'you will perform the duties of a contracts manager'. Sometimes, the contract attempts to widen the scope of duties: '...together with such other duties [consistent with your position] as may reasonably be required of you'. Job descriptions Many large employers provide a document describing in detail the work they expect an employee to do. Unless specifically referred to in the contract, the job description is unlikely to have contractual force. This means an employee cannot claim breach of contract because they are not given all of the duties in the job description or because they have been asked to do things which are outside it. For further information on

This checklist is aimed at employment lawyers and considers the steps an employer will typically take when seeking to effect changes to terms and conditions of employment that are not permitted by employees' existing contracts. For information generally on the legal and practical issues to consider in relation to effecting changes to employment contracts, see Practice Note: Changing terms and conditions of employment. This checklist reflects the Statutory Code of Practice on dismissal and re-engagement (Code) that came into force from 18 July 2024. For more information on the Code, see Practice Note: Changing terms and conditions of employment—Statutory Code of Practice on ‘fire and re-hire’. While the process may be shortened by warning of the prospect of dismissal and re-engagement at the outset, the Code highlights that an employer should not raise the prospect of dismissal unreasonably early, as this can be detrimental to attempts to reach an agreed outcome. It also states that: • threat of dismissal should not be used as a negotiating tactic to put undue pressure on employees in circumstances

ARCHIVED: This Precedent has been archived and not maintained. From 1 September 2021, candidates can only qualify via the training contract route if they satisfy the SRA’s transitional requirements. Otherwise, they must qualify via the Solicitors Qualifying Examination (SQE), for information on which see Practice Note: The Solicitors Qualifying Examination (SQE). [ Subject to contract ] Dear [insert name of trainee solicitor] Following [your interview on [insert date],] I am pleased to confirm the Firm's offer of employment as a trainee solicitor, subject to the conditions set out below. [If accepted, this offer will be formalised in OR I attach][our standard recognised training contract] (the ‘Training Contract’), the terms of which will prevail if they conflict with the details given below. Terms of offer The principal terms of our offer are: 1 to provide recognised training for you in accordance with the SRA Standards and Regulations (the ‘Standards and Regulations’)[ and guidance for law firms published by the SRA]. 2 your recognised training[ and your employment with the Firm] will begin on [insert date] (the ‘Commencement Date’) and, subject to the terms of the Training

This Practice Note looks at how defects are dealt with under the JCT Contracts 2024, focussing on the provisions in the Standard Building Contract with Quantities and the Design and Build Contract. The Practice Note looks at what a defect is under the JCT contracts, responsibility for defects during construction and during the Rectification Period, rectification of defects, the failure to rectify defects, and latent defects. For a more general discussion on defects, see Practice Note: Defects claims in construction. What is a defect under the JCT contracts? As with many standard form contracts, most of the JCT contracts do not contain a specific definition of ‘defect’. ‘Defect’ generally means that some of the work or materials does not conform with the requirements of the contract. The Scottish Court of Session, in Autolink Concessionaires v Amey, noted that the phrase ‘any defect’ should be construed broadly, but not so broadly as to allow a party to effectively require improvements by categorising any failure to meet a standard (which could not be said to be reasonably expected under the contract)

[ Headed notepaper of the assignor ] To: [insert name and address of recipient (other party to the contract being assigned)] [insert date] Dear [name of other party to the contract being assigned], Request for consent to Assignment We refer to the [insert name of contract or agreement] dated [insert date] relating to [insert specific purpose of agreement][, as amended from time to time] (the Contract). [As part of an internal