If an employee resigns because the employer has breached the employee's contract in such a serious way that the employee is entitled to leave without giving notice, that employee has been constructively dismissed. A claim for constructive dismissal is usually a claim for breach of contract or wrongful dismissal. In addition, a constructive dismissal also amounts to a dismissal for the purpose of the Employment Rights Act 1996 (ERA 1996) and an employee may bring a claim for unfair dismissal even though the employee chose to end the contract by resigning, provided that the qualifying

This Practice Note explains what is meant by applicable law, also referred to in differing circumstances as governing law, proper law or the choice of law, ie the law used to determine the dispute between parties. The term does not include procedural law. The Practice Note sets out which applicable law regime applies in the courts of England and Wales (English courts). The relevant regime will vary depending on whether the dispute is contractual or non-contractual, and, if contractual, whether the parties agreed the applicable law through a choice of law clause (governing law clause), including whether any such agreement was later varied. Cross-border issues in disputes can arise very easily in a world where international travel, trade and communication is the norm. Contracts are concluded on a daily basis between parties operating in different countries and different continents. Goods and services are delivered across national borders and people have accidents in countries other than those in which they habitually live and work. Where there is a cross-border element to a claim, there are

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR not accepted OR denied] that the Claimant was employed as a [insert details, eg lorry driver] from [insert date] to [insert date]. 2 The Respondent denies that the Claimant was unfairly [and/or wrongfully] dismissed, as alleged or at all. [ The contract of employment ] 3 [It is [accepted OR denied] that the Claimant’s contract of employment included a notice period of [insert details, eg three months]. However, the contract of employment[ at paragraphs [insert numbers]] also expressly provided that [insert details of any relevant contractual terms, eg providing for summary termination in circumstances relevant to the matter].] 4 The contract of employment

For a post-termination restriction to be enforceable by the employer, it first has to be a contractual term; that is, incorporated into a contract between the employer and employee. This will usually be the contract of employment, but may in some cases be a separate collateral contract. Post-termination restrictions will often be introduced at the start of employment but may also be introduced at a later stage. The usual contractual requirements will apply, namely offer, acceptance and valid consideration. The most straightforward method of introducing post-termination restrictions is to do so before a contract of employment is agreed between the parties. At the time of the offer of employment, the employer includes in the offer the terms of proposed post-termination restrictions. The employee is free to accept or reject the terms on offer, including the restrictions. The employer is not obliged to take on the employee unless

Key elements of bai salam As discussed in more detail in the Practice Note: The structure and required elements of a bai salam transaction, in particular with regard to some of the differing views amongst Shari'ah schools of thought, there are some key conditions for a valid bai salam contract: • payment of the purchase price by the buyer to the seller in full at the time the contract is made and the sale is effected • exact, unambiguous specification of the quality and quantity of the asset to be delivered, generally by reference to recognised trade standards with all possible details expressly mentioned • the contract must not be for a particular or unique asset, and • clear terms of delivery, in particular date and place Certain additional requirements for a parallel bai salam must be met: • the parallel bai salam contract must be entirely independent of and separate to the first contract. Each party's rights, obligations and liabilities are separate under each respective contract • delivery of the asset under

A defect (or non-completion of an element of works) constitutes a breach of contract entitling the employer to an award of general damages. The employer is required to take reasonable steps to mitigate its loss—for example, it should generally permit a contractor to rectify defects during the defects liability period (if any is specified in the contract) as it will normally be cheaper for the original contractor to carry out the works. Where the contract in question contains an express right for the contractor to return to

The use of the word 'guarantee' is not determinative as to whether a contract of suretyship is indeed a contract of guarantee. The Court of Appeal decision in IIG Capital shows that using the word 'guarantee' does not always mean the contract will be treated as such; it is a question of construction. Failure to use the term 'guarantee' will not necessarily make a practical difference. It is a question of construction and 'every case must depend upon the true construction of the actual words in which the promise is expressed'. It is therefore important to ensure that

Under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (the Order), SI 1994/1623, a respondent employer is entitled to make a contract claim (ie a contractual counterclaim) against a claimant if, and only if, that claimant has included a contract claim in their ET1 claim form which has been served on that respondent. Where a respondent wishes to make such a contractual counterclaim, it must be included as part of the ET3 response. See rule 23 of the ET Rules and Practice Note: Employer's contract claim (counterclaim) in the employment tribunal. There are certain

This Practice Note is a ‘how to’ guide on preparing a power of attorney for a commercial transaction which signposts relevant content. It includes links to potentially relevant issues, including what is a power of attorney, preliminary considerations, drafting the power of attorney (including the parties, scope of authority, substitution and delegation, duration, revocation, ratification and indemnity), authorisations, international transactions and practical considerations. A power of attorney is a common tool for delegating power to act when an authorised person is not present to act or execute a document. It is an example of an agent’s express actual authority to act on behalf of a principal (see Practice Note: Forming enforceable contracts—agent's authority to contract). This ‘How to Guide’ is a very high-level introduction to preparing powers of attorney for commercial transactions and may be suitable for trainee solicitors or junior lawyers. This Practice Note focuses on the preparation of a general power of attorney under the Powers of Attorney Act 1971 (PAA 1971). This is the most common form

Most contracts relating to commercial property incorporate the Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC). SCPC 9 sets out how completion monies must be dealt with. See Practice Note: How does completion happen? for guidance on completion in general. How much is payable? The amount payable by the buyer on completion is the purchase price and the chattels price (less any deposit already paid to the seller or their agent) adjusted to take account of: • Apportionments made under SCPC 9.3) • any compensation to be paid or allowed under SCPC 10.3 • (where the contract obliges the seller to insure the property until completion) certain sums or premiums relating to insurance in the specific circumstances set out in SCPCs 8.2.2 and 8.2.3 Ensure that any VAT payable is taken into account (including VAT payable on apportionments) (see SCPC 2) and that any accrued interest (as defined in SCPC 1.1.1(a)) is also accounted for on completion. SCPC 2 provides that the seller warrants the sale of the property will constitute a supply chargeable to VAT at

Stop Press: On 24 February 2025, the main provisions of the Public Procurement Act 2023 (PA 2023) come into force. We are reviewing and updating our content accordingly. Note, however, that procurements begun on or after 24 February must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. For background reading, see Practice Note: Public procurement law—reform [Archived]. Value is a key concern in the case of public procurement, as it is ultimately the taxpayer who funds public services. The law therefore places certain duties on public bodies who contract out services, in order that they find the best value. The duties considered in this Practice Note are additional to those that are imposed by virtue of the Public Contracts Regulations 2015, SI 2015/102 (for more on which, see subtopic: Procurement procedure—pre-PA 2023—overview). CCTs and Best Value The forerunner to the

Section 2(8) of the Consumer Rights Act 2015 (CRA 2015) defines goods and explains that: 'Goods' means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity. Further, CRA 2015, s 15, installation as part of conformity of the goods with the contract, states that: (1) Goods do not conform to a contract to supply goods if— (a) installation of the goods forms part of the contract, (b) the