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PRACTICE NOTES
To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may terminate in a number of different ways (see Practice Note: Distinguishing dismissal from other forms of termination). However, the circumstances in which an employee is treated as having been dismissed for the purposes of an unfair dismissal claim are set out in section 95 of the Employment Rights Act 1996 (ERA 1996) and are limited to: • where the employee's contract of employment is terminated by the employer, whether with or without notice • where the employer gives notice to terminate the contract and, within the notice period, the employee gives counter-notice that expires before the end of the original notice period • where the contract of employment is a limited-term contract (eg a fixed-term contract) and terminates on the happening of the limiting event without being renewed under the same contract • where the employee terminates the contract by resigning, whether with or without notice, in circumstances where they are entitled
PRACTICE NOTES
This Practice Note examines the two different statutory definitions of 'redundancy'. The first is found in the Employment Rights Act 1996 (ERA 1996). Whether or not it is satisfied determines: • whether an employee may be entitled to a statutory redundancy payment (see Practice Note: Entitlement to statutory redundancy payment) • whether, in the context of an unfair dismissal claim, the reason for dismissal is redundancy (which is one of the potentially fair reasons for dismissal—see Practice Note: Reason for dismissal—redundancy) For further information regarding this first definition, see: Redundancy payment entitlement, and fair reason for dismissal, below. The second statutory definition is found in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), and is relevant in collective redundancy situations. This definition must be satisfied (as well as other criteria) before the obligation to inform and consult appropriate representatives will arise (see Practice Note: Collective redundancy—the triggers for the statutory consultation obligations). For further information regarding this second definition, see: Definition of redundancy for collective redundancy consultation, below. In many redundancy situations, whether
NEWS
Restructuring & Insolvency analysis: This case concerned a petition pursuant to sections 220 and 221 of the Insolvency Act 1986 (IA 1986) to wind-up a sub-fund of an investment fund located in and subject to the laws of Luxembourg. The court determined that the sub-fund is not an unregistered company for the purposes of IA 1986, s 220(1), determining that the definition does not extend to entities that are neither associations nor companies not registered in the UK. Furthermore, upon considering expert evidence, it was determined that the Petitioner could not be considered a contingent creditor for the purposes of the law of Luxembourg. Accordingly, the Petition was dismissed. Written by Oliver Caplan, barrister at 18 St John Street Chambers.
GLOSSARY
The process of converting a global note/bond held by a depositary into individual definitive notes/bonds held by beneficiaries.
GLOSSARY
The process of converting a global note/bond held by a depositary into individual definitive notes/bonds held by beneficiaries.
PRACTICE NOTES
This Practice Note summarises the statutory basis, nature and function of the definitive map and statement that a highway authority must keep of the public rights of way in its area, under the Wildlife and Countryside Act 1981 (WCA 1981). It explains the highway authority’s duty to keep the map and statement under constant review and to update and modify them where necessary, and the events and orders that will require modification of the map and statement. It sets out the procedures for making a modification order, both for when it is initiated by the authority, and for when it is initiated by an application to the authority from another party. Statutory basis and effect Every highway authority must prepare and keep under review a definitive map and statement (DMS) of the public rights of way in its area. The map records the location and status of the highways. The statement sets out the position and width of the right of way, and any limitations imposed
PRACTICE NOTES
This Practice Note highlights the relevant authorities duty under the Wildlife and Countryside Act 1981 (WCA 1981) to keep the Definitive Map under review. It identifies the events that may lead to a modification, and who is likely to apply for a modification order. The procedure for making a Definitive Map Modification Order (DMMO) is explained, pointing out the correct format, the accompanying information needed and the decision making process followed by the Definitive Map authority. The formalities that follow a DMMO are explained, stating the authority that is responsible for each action. The whole point of the Definitive Map and Statement (‘Definitive Map’) of public rights of way, etc is that it is definitive. However, although it is definitive, it is not fixed forever. The local highway authority (County Council or Unitary District Council) is under a duty to keep the Definitive Map under continuous review. The events that might cause the authority to change the Definitive Map are that a public right of way has come into
GLOSSARY
The detailed trust deed which governs an occupational pension scheme.
GLOSSARY
Negative inflation, ie falling prices.
NEWS
The Department for Environment, Food and Rural Affairs (Defra) has published its statutory response to the Office for Environmental Protection’s (OEP) review of Environment Agency (EA) inspections of waste operations and installations in England, accepting all six recommendations. The OEP review, which covered 2018–2022, identified weaknesses in performance reporting, inspection standards, follow-up of non-compliance, quality assurance and access to compliance information. Defra states that the EA had already begun to address these matters through its regulatory improvement programme. The EA will introduce new performance indicators in 2027 and establish minimum assessment frequencies for different types of waste sites in 2026. It will publish those frequencies in due course and implement Regulatory Control Plans in priority sectors from 2026 and across all sectors by March 2028, to support a more risk-based approach to permitting, compliance, enforcement and incident response. Defra says work will continue to improve compliance data, digital systems, workforce capability, quality assurance and the availability of information on the public register.
NEWS
The Department for Environment, Food and Rural Affairs (Defra) has announced that it received 241 responses to its consultation on an alternative transitional registration model (ATRm) for the UK’s regulatory framework for the registration, evaluation, authorisation and restriction of chemicals (REACH). Defra is currently analysing the feedback and considering its overall approach to chemicals regulation, including UK REACH, intending to publish a summary of the consultation responses in 2025.
NEWS
The Department for Environment, Food and Rural Affairs (Defra) and the Environment Agency (EA) have announced new measures to strengthen enforcement against waste crime through stricter checks on waste carriers and tougher penalties for illegal waste activity. From 2027, waste carriers, brokers and dealers will move from the current registration system to a new permit-based regime, under which operators will be required to complete identity, criminal record and technical competence checks before receiving a permit. Operators will also need to display permit numbers on vehicles and in advertisements to help identify unlicensed operators. The government says the current registration system relies on limited background checks and has been exploited by operators involved in illegal dumping and other waste offences. The reforms are intended to prevent unsuitable operators from working in the sector and to improve oversight of waste handling. The measures will also give the EA stronger enforcement powers, including the ability to revoke permits and issue enforcement notices, while offences involving the illegal transport or handling of waste will carry prison sentences of up to five years. The reforms form part of the government’s Waste Crime Action Plan, which aims to tackle fly-tipping, illegal waste sites and organised waste crime.