This Practice Note considers the Consumer Rights Act 2015 (CRA 2015) as it relates to the fairness and transparency of business-to-consumer (B2C) contract terms and notices. It considers exemptions from the unfair terms provisions, the fairness test, the ‘grey list’ of terms that may be considered unfair, the transparency test, terms that are prohibited and enforcement. For a general overview of the CRA 2015, including the meaning of important terms such as ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary. For consideration of the application of the CRA 2015 to goods, services and digital content, see Practice Notes: • Consumer Rights Act 2015—goods • Consumer Rights Act 2015—services • Consumer Rights Act 2015—digital content For consideration of the use of specific boilerplate provisions in B2C contracts, namely adjudication, alternative dispute resolution (ADR), arbitration, assignment, definitions and interpretation, entire agreement, force majeure, governing law, jurisdiction, variation and waiver, see Practice Note: Boilerplate clauses in business-to-consumer contracts—specific clauses. For information on exclusion and limitation of liability in B2C contracts, see Practice Note: Exclusion and limitation

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Call-off The practice, under a framework agreement, of instructing specific works to be carried out. Depending on the structure and terms of the framework agreement, call-off may require a contract to be entered into or may just require a call off notice to be given by the instructing party. See Practice Note: Framework agreements in construction—call-off procedures. CAR insurance See Contractor's all risk (CAR) insurance below. Category A fit out Interior fit out to a basic level on behalf of landlord/developers. It is difficult to define what this includes as it can vary a lot. There are, however, some guidelines, for example those published by the British Council for Offices. Category B fit out Interior fit out to a specified design on behalf of occupiers/owners. CDM co-ordinator Under the Construction (Design and Management) Regulations 2007, SI 2007/320, which dealt with all aspects of health and safety on construction projects,

Defects are a common issue on construction projects. Minor defects or patent defects (ie those which are apparent upon inspection) can often be dealt with during the project or shortly afterwards, but there may also be serious defects, whether in the design or construction, which can threaten the structural integrity of the works. This Practice Note considers how disputes over defects typically arise in construction projects and the potential bases of defects claims—eg breach of a building contract or consultant’s appointment, tort (negligence), third party and collateral warranty claims, recovery under a latent defects insurance policy or other guarantee scheme and claims under the Defective Premises Act 1972 (DPA 1972). It also looks issues relating to the burden of proof and causation, as well as the remedies commonly sought by claimants in defects disputes. For links to specific guidance on building and fire safety defects, including the rights available to claimants in respect of such defects under the Building Safety Act 2022, see Practice Note: Fire safety defect claims for construction lawyers and Building and fire safety

An assignment is the transfer of a right or an interest vested in one party (assignor) to another party (assignee), eg the transfer of the employer’s rights under a construction contract to the purchaser of the completed works. For the purposes of this Practice Note, the other party to the contract where the rights are being assigned is referred to as 'obligor'. For further information on what an assignment is, why it arises in a construction context, how it operates and what steps are needed to put in place effective assignments, see Practice Note: Assignment in construction contracts. See also Practice Note: Legal and equitable assignment in construction contracts for guidance on the different ways parties can give effect to an assignment in construction projects (either legally or in equity) and the requirements for each. Where a construction document, such as a building contract, collateral warranty or consultant appointment, is silent on the subject of assignment, then generally the rights under the contract can be freely and unilaterally assigned by an assignor

A letter of intent (LOI) may be entered into prior to the agreement and execution of a building contract (or sub-contract) to enable some design and/or works to begin. This Checklist sets out the key issues for a contractor to consider and the drafting it should look for, or request be included, to achieve a clear and binding letter of intent in a construction project. While the terms ‘contractor’ and ‘employer’ are used, the principles apply equally to an arrangement between a contractor and a sub-contractor. When negotiating/drafting a letter of intent, not all of the issues set out below will always be relevant and users must consider each issue in light of the particular circumstances. See Practice Note: Letters of intent—construction for more on letters of intent. Key issues and clauses • Are the parties’ details fully and correctly stated? Ensure that the full details of the employer and contractor are correctly stated at the beginning of the letter of intent (including the full company names, and company number if appropriate), to avoid any ambiguity as to the identity

[To be typed on employer’s headed notepaper] [Enter name and address of employee] [Enter date] by hand Dear [enter name] Garden leave I refer to [[enter name of Employer]’s letter to you dated [enter date of notice letter from Employer] OR your letter to [enter name of Employer] dated [enter date of notice letter from employee]], terminating your employment by giving [enter notice period, eg six months’] notice in writing. [Further to the meeting held on [enter date][, at which you were accompanied by [insert name],] [ and our conversation earlier today,] ]I write to [notify you OR confirm] that [enter name of Employer] has decided to exercise its right (under clause [enter clause number of provision dealing with garden leave] of your [service agreement OR contract of employment] dated [enter date] (referred to in this letter as the [‘Service Agreement’ OR ‘Contract’]) to place you on ‘garden leave’, by giving you this written notification.[ This letter also refers to various other terms as defined in the [Service Agreement

ARCHIVED: This archived Practice Note considers one of the earlier types of personal pension schemes—the retirement annuity contract—and how it differs from modern personal pension schemes. For further information on personal pension schemes, see Types of personal pension schemes—overview. Personal pension schemes—central role in private pensions sector Personal pension schemes, in their various forms, play a central and important role in the UK private pensions sector today. They were first introduced on 1 July 1988 and offer a considerable degree of flexibility in that they are available to: • employees (with employers being permitted to contribute and claim the tax relief without a tax penalty falling on the employee) • the self-employed (and even to non-workers to an extent) Retirement annuity Contracts—background and aims However, personal pension schemes were preceded by another type of pension scheme—the Retirement Annuity Contract (RAC). Following the introduction of personal pension schemes on 1 July 1988, it is no longer possible to establish new RACs, but RACs established prior to that

This Practice Note looks at the dispute resolution provisions in JCT contracts, of which most make provision for mediation, adjudication and litigation or arbitration, as well as referring to direct negotiations. It also considers the impact of the adjudication clause, and the JCT Rules for Adjudication (for use with the JCT Building Contract and Consultancy Agreement for a home owner/occupier). This Practice Note primarily focuses on the position under the JCT Design and Build Contract 2011, 2016 and 2024 (D&B) and the JCT Standard Building Contract 2011,2016 and 2024 (SBC), although equivalent provisions exist in most of the other JCT building contracts. Overview of the dispute clauses The dispute provisions are covered in section 9 of the D&B and SBC. The provisions are substantially the same in the 2011, 2016 and 2024 suites of contracts (though see ‘Direct negotiation’ below, for commentary on a key difference introduced to the D&B and SBC 2024). In addition, Articles 7–9 of the Contract Particulars add further clarifications, and the parties should also select appointing/nominating bodies against clauses 9.2.1 and 9.4.1 (9.3.1 and

In common industrial parlance, a 'lay-off' occurs when the employer temporarily shuts down its operation because it cannot find any or enough work for its employees. For further information, see the section of Practice Note: Redundancy payments for lay-offs and short-time,

FORTHCOMING CHANGE: On 6 April 2020, the Employment Rights (Miscellaneous Amendments) Regulations 2019, SI 2019/731 extend the right to a written statement of employment particulars to all categories of ‘worker’, not just ‘employees’. With effect from the same date the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018, SI 2018/1378, make that right apply when an individual starts work (ie a day 1 right) and require further information to be included in the particulars including the days of the week required to be worked (and details of any variation to that), details of any terms and conditions relating to any paid leave plus particulars of any other benefits, any probationary period and training. For more information, see: Checklist—section 1 ERA 1996 written statement requirements and reports: LNB News 18/12/2018 123 and LNB News 19/12/2018 122. ARCHIVED: This archived Checklist sets out the particulars of employment that, until 5 April 2020, must be included in a written statement of particulars of employment, in order to comply with the requirements of sections 1–3 of the Employment Rights Act 1996 (ERA 1996).

Under sections 1 and 2 of the Education and Skills Act 2008 (ESA 2008), a person in England has a duty to participate in education or training if they: • have ceased to be of compulsory school age • have not reached the age of 18, and • have not

For the purposes of determining whether a worker is entitled to an award for failure to provide a statement of employment particulars under section 38(2) and (3) of the Employment Act 2002, are proceedings ‘begun’ when the ET1 is filed, or when the early conciliation notification