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CHECKLISTS
FORTHCOMING CHANGES: In measures expected to come into force on 1 October 2026, time limits for making certain claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) will be increased from three months to six months. The changes are set out in section 152 of the Employment Rights Act 2025 (ERA 2025) and ERA 2025, Schedule 12 (not yet in force), and in The Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026 (draft), The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 (draft) and The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026, SI 2026/473. This Checklist will be updated as soon as the relevant statutory instruments are made. For more information, see Practice Note: Employment Rights Act 2025—tracker. This Checklist provides questions to consider when drafting an ET1 claim or ET3 response. It covers eligibility to claim for unfair dismissal, sexual harassment and harassment regarding unwanted
CHECKLISTS
Both parties • Was the Claimant an employee? See Practice Note: Entitlement to statutory redundancy payment—Is the worker an employee—eligibility • Was the Claimant an office holder deemed to be an employee? • Does the Claimant fall within a category of worker excluded from the right to a redundancy payment? See Practice Note: Entitlement to statutory redundancy payment—Is the worker an employee—excluded employees • Was the Claimant an employee dismissed whilst an exemption order was in force? • Was the Claimant dismissed for misconduct without notice or with short notice? If not, was the Respondent entitled to dismiss the Claimant without notice and did the Respondent give the Claimant a notice in writing to that effect? • Was the Claimant dismissed for taking part in a strike? • Did the Claimant give notice to the Respondent that he intended to leave before the end of his notice period, having been given notice of dismissal for redundancy? Did the Respondent serve a counter-counter-notice requiring the Claimant to withdraw his/her notice and stating that the Respondent
CHECKLISTS
This checklist covers questions to consider when drafting an ET1 claim or ET3 response. It covers jurisdictional issues, for example concerning the claimant’s eligibility to claim unfair dismissal and whether the claim was presented in time. It looks at the reason for dismissal and ill-health capability, including intermittent absences, long-term absence and impaired performance. It also looks at the substantive and procedural fairness of the dismissal. It also sets out issues to consider in relation to remedy, eg reinstatement, re-engagment and compensation. Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Does the Claimant have the requisite qualifying service? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the applicable time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and
CHECKLISTS
FORTHCOMING CHANGES: In measures expected to come into force on 1 October 2026, time limits for making certain claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) will be increased from three months to six months. The changes are set out in section 152 of the Employment Rights Act 2025 (ERA 2025) and ERA 2025, Schedule 12 (not yet in force), and in The Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026 (draft), The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 (draft) and The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026, SI 2026/473. This Checklist will be updated as soon as the relevant statutory instruments are made. For more information, see Practice Note: Employment Rights Act 2025—tracker. This Checklist contains questions to consider when drafting an ET1 claim, or an ET3 response to a claim, for unfair dismissal relating to a dismissal for misconduct. It covers issues for both parties as well as issues
CHECKLISTS
Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the applicable time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Practice Note: Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables? See Practice Note: Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great Britain? See Practice Note: Entitlement to claim unfair dismissal—Whether employee works in Great Britain • Was
CHECKLISTS
FORTHCOMING CHANGES: In measures expected to come into force on 1 October 2026, time limits for making certain claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) will be increased from three months to six months. The changes are set out in section 152 of the Employment Rights Act 2025 (ERA 2025) and ERA 2025, Schedule 12 (not yet in force), and in The Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026 (draft), The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 (draft) and The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026, SI 2026/473. This Checklist will be updated as soon as the relevant statutory instruments are made. For more information, see Practice Note: Employment Rights Act 2025—tracker. Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service, or does an exception apply? See Practice Note: Qualifying
CHECKLISTS
This Checklist sets out issues to consider when drafting an ET1 claim form or ET3 response form in relation to a claim for unlawful deductions from wages. For further guidance on deductions from wages generally, see Practice Note: Deductions from wages. See also Precedents: ET1 Claim—unlawful deduction from wages and ET3 Response—unlawful deduction from wages. Issue to consider Further guidance Was the claimant a worker? □ See Practice Note: Worker status and Checklist for assessing employment status Is the claimant in a category of worker excluded from the right to claim? □ See Practice Note: Deductions from wages—Definition of 'worker' What ‘wages’ is the claimant entitled to? □ See Practice Note: Deductions from wages—Definition of wages Consider payments expressly included in the definition, eg: —any fee, commission or other emolument referable to the employment (whether or not payable under the contract) □ —bonuses (including non-contractual bonuses, provided the claim is for an identified amount) □ See Practice Note: Deductions from wages—Bonuses —statutory and contractual holiday
CHECKLISTS
This Checklist contains questions to consider when drafting an ET1 claim, or an ET3 response to a claim, for unfair dismissal relating to a dismissal for whistleblowing. It covers issues for both parties as well as issues solely for the claimant and solely for the respondent. These issues include eligibility to claim unfair dismissal, whether there has been a qualifying disclosure, whether that is a protected disclosure, the reason for dismissal, time limits, and remedy issues. Issues for both parties • Was the claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Was the claimant a worker? See Practice Note: Entitlement to claim whistleblowing—Included persons: the extended definition of 'worker' • Does the claimant have the requisite qualifying service for an ordinary unfair dismissal claim? See Practice Note: Qualifying period for unfair dismissal • Has the claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the applicable time
CHECKLISTS
This Checklist covers the key considerations when drafting or reviewing business-to-consumer (B2C) contracts, including: • preliminary matters • drafting considerations • information requirements • practical considerations • ongoing compliance, and • other issues to consider For all B2C Precedents, see: • Trading with consumers—overview • Which Precedent—standard form terms and conditions for the supply of goods and/or services—B2B and B2C—Flowchart • see also Q&A: Can a trader use a combined set of standard terms and conditions when selling to both businesses and consumers (business to business (B2B) and business to consumer (B2C))? Preliminary matters For the purposes of consumer protection law, there is no one definition of a ‘trader’. However, the most commonly used definition is set out in the section 2 of the Consumer Rights Act 2015 (CRA 2015): ‘“Trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf’. The table below sets out some of the preliminary matters to consider before
PRACTICE NOTES
NOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is effective from 11 January 2025. Schedule A1 to the Damages Act 1996 provides that each subsequent review must be started within the five-year period following the last review. For these purposes, a review is concluded when the Lord Chancellor makes the determination as to the rate. This Practice Note provides practical guidance on key elements required to draft a compelling counter schedule of loss. There is guidance on the best way to set out the defendant's response to the claimant's schedule of loss. Commonly claimed heads of past and future loss are considered together with links to relevant case law. The claimant is expected to provide the defendant with a detailed breakdown of any past and future losses with supporting documentation. This enables a claim to be properly evaluated at an early stage, and an early valuation to be provided. Such documentation is
PRACTICE NOTES
This Practice Note contains links to the online version of the textbook Drafting Employment Documents for Expatriates (2nd edition (17 May 2017)), by Juliet Carp. The book is a general guide to drafting employment documents for an overseas assignment or expatriate arrangement, which explains the key steps in drafting. It also highlights the specialist advice likely to be required in relation to tax, social security, benefit arrangements, business registration and immigration rules, so that the assignment manager (often an employment lawyer) can assess the business requirements. The main sections in this Practice Note reflect the chapters of the book, and the tables in each main section provide further details of the chapter contents and links to the online source. Introduction Section Link What’s new Drafting Employment Documents for Expatriates, Chapter 1. Para 1.1 Purpose and scope of this book Drafting Employment Documents for Expatriates, Chapter 1. Para 1.4 Using this book Drafting Employment Documents for Expatriates, Chapter 1. Para 1.18 Key steps to drafting expatriate employment documents (flowchart) Drafting Employment Documents for Expatriates,
PRACTICE NOTES
This Practice Note sets out particular considerations when drafting certain common types of contractual joint venture agreements. For general considerations, see Practice Note: Drafting a contractual joint venture agreement. Consortium bids Parties' obligations The main obligation of each participant is to provide a fully detailed and costed bid on its particular part of the project by a specified date, in accordance with the third-party client's requirements or with the criteria specified by the bid agreement. The parties usually then agree to ensure the bid is submitted by a certain deadline. The client may well wish to have certain parts of the bid further clarified, so each consortium member is usually contractually obliged to provide any supplementary information that may be required by it. It is not unknown for a client to change the specifications of a project during the tendering process and this may require amendments to the original bid. However, no member of a consortium would want to have any part of a bid altered without full discussion, so agreements commonly prohibit