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PRACTICE NOTES
All employers will have employees who are dissatisfied at some point in time. It is therefore important for employers to have a means of resolving their complaints. A grievance procedure can be an effective tool in resolving disputes and maintaining a happy workforce. What is a grievance? Grievances are described in the Acas Code of Practice on disciplinary and grievance procedures (Acas Code) as concerns, problems or complaints that employees raise with their employers. The non-statutory Acas guidance on Discipline and grievances at work notes that anybody working in an organisation may, at some time, have problems or concerns about their work, working conditions or relationships with colleagues that they wish to talk about with management. They want the grievance to be addressed, and if possible, resolved. It is also clearly in management’s interests to resolve problems before they can develop into major difficulties for all concerned. Issues that may cause grievances include: • terms and conditions of employment • health and safety • work relations • bullying and harassment • new working practices • working environment • organisational change
PRACTICE NOTES
The Human Rights Act 1998 (HRA 1998) imposes a duty on all public authorities in the UK to act in a manner that is compatible with rights under the European Convention on Human Rights (ECHR), ie ‘Convention rights’. For background reading, see Practice Note: Convention rights. Where this duty is breached, HRA 1998 provides that any victim of that breach may bring proceedings against the public authority responsible (HRA 1998, s 7(1)(a)). In addition, any victim of such a breach may also rely on their Convention rights arguments in any legal proceedings (HRA 1998, s 7(1)(b)). Background—the relationship between the ECHR and the HRA 1998 The ECHR (ie ‘the Convention’ as set out in the HRA 1998, Sch 1 Pt 1) is an international treaty made by member states of the Council of Europe. Article 1 of the ECHR requires each contracting state to secure the rights in the ECHR to everyone within their jurisdiction. The ECHR also established the European Court of Human Rights (ECtHR) in Strasbourg to determine complaints
CHECKLISTS
The following points should be considered in bringing or defending a challenge under the Human Rights Act 1998: • identify the nature of the Convention right (or rights) breached ◦ the nature of a public body's obligations are determined by the nature and content of the right in question. Bear in mind that the same measure may engage a number of different rights, eg serious ill-treatment in immigration detention might involve issues under Article 2 (the right to life), Article 3 (freedom from torture), Article 5 (the right to liberty) and Article 14 (non-discrimination). Only the Convention rights set out in Schedule 1 are enforceable under the Human Rights Act 1998 (HRA 1998). However, other rights contained in other international human rights instruments to which the UK is party may nonetheless be relevant • is the proposed Claimant a victim of the breach? ◦ proceedings under HRA 1998, s 7 may only be brought by a person who is a victim of the breach. 'Victim'
PRACTICE NOTES
Assessing the limitation date Upon instruction in a personal injury claim, limitation should be one of the first issues you consider. Although the general rule is relatively straightforward (a three-year limitation period running from the date on which the cause of action accrued or, if later, the date of the claimant’s knowledge), there are a host of exceptions where different deadlines apply, and in many circumstances the deadline is much shorter than the three years given under the Limitation Act 1980 (LA 1980). When first dealing with the limitation issue consider the following: • does the action include a claim for damages resulting from personal injury sustained by any individual? If so, what is the date of the incident (or the date on which the cause of action accrued)? For further information, see Practice Note: Time limits under the Limitation Act 1980—personal injury claims • the list of exceptions in the table in Practice Note: Time limits under the Limitation Act 1980—personal injury claims—Exceptions to the general rule and see whether your case may fall
PRACTICE NOTES
This Practice Note considers the acts typically carried out by limited partnerships (LPs) in the context of finance transactions and covers the steps which can be taken to investigate capacity and authority of LPs under English law. When two or more people are carrying on business with a view to a profit, there may be a partnership. A partnership is often the type of body used for small businesses or for professional services. There are two different types of partnerships in English law—general partnerships and LPs. Each is governed by legislation: • partnerships are governed by the Partnership Act 1890 (PA 1890)—see Practice Note: The nature of a general partnership and its legal framework, and • limited partnerships are governed by the Limited Partnerships Act 1907 (LPA 1907)—see Practice Note: The nature of a limited partnership and its legal framework For there to be an LP, there must first be a partnership with at least one general partner and one limited partner and particulars must
PRACTICE NOTES
This Practice Note considers the of acts typically carried out by English law partnerships in the context of finance transactions and covers the steps which can be taken to investigate the capacity and authority of an English law partnership. There are two different types of partnerships in English law—a general partnership and a limited partnership (LP). Each is governed by legislation: • partnerships are governed by the Partnership Act 1890 (PA 1890)—see Practice Note: The nature of a general partnership and its legal framework, and • limited partnerships are governed by the Limited Partnerships Act 1907 (LPA 1907)—see Practice Note: The nature of a limited partnership and its legal framework These are distinct from limited liability partnerships (LLPs) which are corporate bodies established under the Limited Liability Partnerships Act 2000 (LLPA 2000). See Practice Note: The nature of a limited liability partnership and its legal framework and for information on investigating the capacity and authority of LLPs in
CHECKLISTS
This Checklist outlines key points to be considered when an event is postponed, rescheduled or cancelled. See also: • Drafting and negotiating a force majeure clause—checklist • Practice Note: Drafting for unforeseen events—commercial contracts • Practice Note: Reviewing commercial contracts to minimise financial difficulties The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) The agreement ☐ Consider the parties’ financial positions and employee availability, and how these impact on their ability to fulfil the agreement as a whole or in part in the future. As cancellation etc is likely to affect both sides, consider what the parties may do to work together to come to the best arrangement possible. For example, in a small number of cases it may be possible to run the event online, or, in the case of impending default of payment, the other party may accept a lower payment or payment by instalments.If at least one party is in danger of becoming insolvent, then consider
CHECKLISTS
Employers who are using a recruitment agency or executive search (or 'headhunting') service will need to consider the implications of: • the Employment Agencies Act 1973 (EAA 1973) and the Conduct of Employment Agencies and Employment Businesses Regulations 2003, SI 2003/3319 (as amended) (Conduct Regulations 2003) • the Equality Act 2010 (EqA 2010), which contains specific provisions relating to discrimination by recruitment agencies • Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018) Conduct regulations—agency's general obligations A recruitment agency is an 'employment agency' for the purposes of the Conduct Regulations 2003. For services that are excluded from the scope of EAA 1973, see Employment agencies and employment businesses—Scope of the legislation. A recruitment agency is under the following general obligations: • there is a general prohibition against charging work-seekers fees for finding them work. However, this does not prevent a recruitment agency from charging work-seekers fees for ancillary services, such as transport, accommodation, CV writing, photographic services, or training • it must not make the provision
PRACTICE NOTES
This Practice Note outlines the possible options that have been available to deal with an adverse decision made under, or in connection with, the EU Settlement Scheme, but noting that these have not been available for all the time the Scheme has been in operation, or at the same time. At various points in time the options have been: • making a fresh application • administrative review • appeal, and • judicial review Prior to the date that the UK left the EU, 11 pm on 31 January 2020 (‘exit day’), there was no right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against any decision made in connection with the EU Settlement Scheme. There was an administrative review regime in place for certain decisions taken under the Immigration Rules, Appendix EU, and for cancellation of leave issued under that Appendix, but nothing for family permit decisions taken under the Immigration Rules, Appendix EU (Family Permit). However, following
PRACTICE NOTES
This Practice Note provides guidance on the practical issues that may arise following receipt of a whistleblower report from the perspective of the corporate entity (including limited companies, partnerships and LLPs) receiving the report. For guidance from the perspective of those representing whistleblowers, see Practice Note: Representing whistleblowers in internal criminal investigations. A corporate entity may receive reports on a broad spectrum of suspected wrongdoing, from breaches of internal company policy, to employment issues such as allegations of discrimination, to allegations of serious criminality. The latter is the focus of this note, although some principles will apply universally. Whistleblowing policy Benefits of implementing a whistleblowing policy While whistleblowing legislation does not impose a requirement on companies to have a whistleblowing policy (although note there are specific rules in this respect for listed companies and those in the financial services sector), the development and implementation of robust and well-publicised policies and procedures for dealing with whistleblowing is best practice and has a number of benefits:
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is intended to provide guidance to a local authority on dealing with an insolvent debtor. Debts can arise from arrears of: • council tax • National Non-domestic Rates (NNDR) • sundry debts • liabilities from property • liabilities from social care provision, see Practice Note: Securing and enforcing community care liabilities • financial penalties imposed on a landlord for breaches of Houses of Multiple Occupation Legislation and other provisions deriving from the Housing and Planning Act 2016, see Practice Note: Houses in multiple occupation (HMOs)—sanctions Individual Partnership Limited liability partnership (LLP) Company bankruptcy administration administration administration debt relief order bankruptcy of individual partners partnership voluntary arrangement administrative receivership individual voluntary arrangement (IVA) individual voluntary arrangement of individual partners compulsory liquidation of LLP company voluntary arrangement (CVA) partnership voluntary arrangement (PVA) voluntary liquidation of LLP compulsory liquidation (winding up) winding up as unregistered company voluntary liquidation The
PRACTICE NOTES
This Practice Note explains how you can deal with your professional indemnity insurance (PII) brokers and underwriters, including: • questions to ask your broker • meeting insurers • what insurers like to see in firms they are insuring and • other steps you can take to impress insurers The information in this Practice Note is informative, but not exhaustive. You may want to speak with your broker or insurer about their preferred approach. Questions to ask your broker The sorts of enquiries you should be making of your PII broker include: • insurers’ financial strength—rating and capitalisation • benchmarking • aggregation • meeting with insurers Insurers’ financial strength: rating and capitalisation One of the best indications of financial strength is a favourable grade from an independent rating agency. The SRA list of participating insurers includes rating information. You should use this information when comparing PII quotes. Your broker will also have information about insurers and their ratings. Although somewhat out of date, the Law Society’s Guide to insurers' financial security also includes information about