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Key changes were made in relation to the right to receive a written statement of particulars of employment, with effect from 6 April 2020, by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018, SI 2018/1378. One of these is that additional prescribed details must be given in the statement itself, namely: • in relation to hours of work, particulars of the days of the week the worker is required to work and whether or not such hours or days may be variable and, if they may be,
PRECEDENTS
Dear [insert name of authorised recipient on behalf of counterparty], [Insert name of agreement]: [insert client name] and [insert counter-party name] 1 [As you are aware, we OR We] act for [insert client name] (our client). 2 Our client and [insert counter-party name] ([insert short name]) are parties to a [insert agreement name] dated [insert date] (Agreement). 3 We are instructed that [insert counter-party short name] has breached the Agreement by failing to pay £[insert amount] (Debt) to our client by [insert due date] as required by clause [insert number]. 4 [Time
CHECKLISTS
FORTHCOMING CHANGE: For information that must be given to workers on commencing employment, a new right for a worker to be given a written statement of their right to join a trade union, at the same time as receiving a section 1 statement of employment particulars, is to be introduced under proposed amendments to Part III of the Trade Union and Labour Relations (Consolidation) Act 1992, as provided for in section 58 of the Employment Rights Act 2025 (ERA 2025). Details of the information that must be provided in such a statement, the form the statement must take and the manner in which the statement must be given will be set out in secondary legislation, following consultation. To track the implementation of ERA 2025, see Practice Note: Employment Rights Act 2025—tracker. This Checklist sets out the requirements in relation to a written statement of employment particulars, under sections 1 to 3 of the Employment Rights Act 1996. The right to a written statement of employment particulars applies to all categories of ‘worker’ (see
NEWS
Employment analysis: On 10 October 2024, the government published the Employment Rights Bill 2024. The Bill sets out the rights and policies, previously set out by the Labour government in its ‘New Deal for Working People’ and in the Labour Manifesto, which it intends to introduce. The Bill is a broad piece of legislation which strengthens a number of existing working rights in addition to introducing some new rights and policies. This includes changes to zero hour contracts, fire and rehire practices, the unfair dismissal qualifying period, sick pay, parental leave, probationary periods, flexible working, protections for new mothers, industrial action and trade union recognition. This analysis contains an overview of the incoming legislation and commencement dates as well as a brief summary of each new right.
PRECEDENTS
This Deed is made on [date] Parties 1 [insert name of Party A], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (Party A); and 2 [insert name of Party B] a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (Party B) each of Party A and Party B being a party and together Party A and Party B are the parties. background (A) Party B agreed certain obligations and liabilities in favour of Party A in accordance with the Agreement (as defined below). (B) [include details of the reasons for granting the release and waiver]. this DEED WITNESSES 1 Definitions and interpretation 1.1 Unless otherwise provided the words and expressions in and the interpretation of this Deed shall be as set out in the Agreement (defined below). 1.2 In this Deed: Agreement • means the agreement dated [insert date] between Party A and Party B for the purposes of [insert summary of agreement]; Claim • means any existing or potential claim, counterclaim, right of set-off, indemnity, cause of action, demand, right or interest [in
PRECEDENTS
Dear [name of intern] Internship agreement This letter confirms your unpaid internship with [company name] (‘the Company’) and sets out our hopes and expectations. We are committed to providing you with a supportive environment that will allow you to gain valuable learning and experience. We hope that your internship will be enjoyable and rewarding. Internship Your [duration, eg one-week, or three-month] internship will commence on [date] and end on [date]. You will be based at [address]. You will have no fixed hours, but we hope that you will be able to attend for up to [number] hours a week. To maximise your experience, we suggest that those hours are between [time] and [time] on [name day(s) or range of days]. Learning objectives[ and a work plan] are set out[ in the Schedule] below. We hope you will perform and achieve these to the best of your ability. We also
CHECKLISTS
This Checklist sets out the information required to be included in a notice to be sent to the UK central digital platform to comply the transparency requirements mandated by the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR Regs 2023), SI 2023/1348, reg 9(4) and Sch 3, where a relevant authority is intending to directly award a health care contract to
PRACTICE NOTES
This Practice Note examines the potentially fair reason for dismissal: some other substantial reason, sometimes known as ‘SOSR’ which may be potentially fair dismissals under section 98(1)(b) of the Employment Rights Act 1996 (ERA 1996). It considers the circumstances in which some other substantial reason may apply, including in the context of business reorganisations leading to changes in job duties or terms and conditions, expiry of a fixed-term contract, breakdown in work relations, other factual examples of some other substantial reason from case law and where substantial reasons are imposed by statute, eg dismissal of a maternity leave cover or replacement. Even if the reason for dismissal does not fall within one of the specific potentially fair reasons set out in ERA 1996, s 98(2), the dismissal may still be fair if the reason is shown to have been some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held. Substantial means 'more than whimsical or capricious'. As with other potentially
CHECKLISTS
When drafting or negotiating third party rights provisions in a construction contract (see Practice Note: The Contracts (Rights of Third Parties) Act 1999 in construction contracts), the following should be taken into account: • Is the Contracts (Rights of Third Parties) Act 1999 generally excluded? Does the contract expressly exclude the conferring of rights/benefits on third parties by virtue of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999)? Contracts typically contain a general exclusion clause in relation to C(RTP)A 1999 but, in construction agreements, this is commonly made subject to any relevant clause of the agreement conferring third party rights on specific parties—see for example Precedent: Third Party Rights Act clause. If there is a general exclusion, make sure that the clause conferring rights on third parties is carved out. • Third party rights or collateral warranty? If the contract provides that third party beneficiaries will have certain benefits, or rights to enforce the contract, does it specify whether such rights/benefits will be granted to them under C(RTP)A 1999 or by the provision
NEWS
Commercial analysis: Unsuccessful appeal under section 69 of the Arbitration Act 1996 (AA 1996) arising out of ten separate arbitral awards concerning ten shipbuilding contracts for container vessels. The buyers contended that the yard’s obligation to provide refund guarantees within 120 days of novation was a condition of the contracts, so that breach entitled them to recover loss of bargain damages. The Commercial Court upheld the tribunal’s conclusion that the obligation was an innominate term. The buyers were entitled to cancel the contracts pursuant to the express contractual regime, but not to claim loss of bargain damages. Written by Alexander Whatley, barrister at Gatehouse Chambers.
PRACTICE NOTES
This Practice Note examines some of the key areas where the NEC3 and NEC4 standard form construction contracts take a different approach to the JCT 2016 and 2024 contracts. It also highlights some provisions omitted from the NEC contracts that are found in the JCT contracts. Except where otherwise indicated, this Practice Note focuses on the provisions of the NEC3/NEC4 Engineering and Construction Contract (ECC) and the JCT Standard Building Contract With Quantities (SBC) 2016/2024. Differences in approach NEC The NEC contracts are geared towards use within the engineering industry but are intended to be adaptable and suitable for use for both engineering and building works. The key NEC contract, the ECC, is intended to be suitable for traditional, design and build, or management forms of procurement (although there is a Design, Build and Operate Contract in the NEC4 suite). The NEC contracts differ from traditional contracts in that they are not intended to set out exhaustively the rights and obligations of the parties. The drafters’ aim was to produce contracts that would function more as practice
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Commercial skills Commercial skills for complex government projects (National Audit Office) examines the level of commercial skills across government and the steps being taken at that time by the Office of Government Commerce (OGC) (now the Crown Commercial Service) and departments to improve them. ‘Commercial skills’ are defined as ‘the ability to interact on equal and professional terms with the private sector’. According to the National Audit Office (NAO) such skills are essential to the achievement of value for money in the government’s major projects portfolio (valued £200bn at the time) and in other complex projects. Projects need to be undertaken by project teams with commercial skills and the projects must be approved, led and governed by commercially-aware senior civil servants and departmental boards. In a separately published Appendix 2 to the report, the NAO lists government projects which it and the Public Accounts Committee have identified as having suffered delays and poor value for money for want of relevant