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Q&As
The UK government is rolling out contact tracing as part of its strategy to test, track and trace the spread of coronavirus (COVID-19) and, as much as possible, to minimise that spread. If someone tests positive for coronavirus symptoms, they will be contacted by text, email or telephone by the National Health Service (NHS), and asked to use the NHS Test and Trace website to provide personal details in addition to the names and contact details of people they have been in close contact with in the 48 hours before symptoms started. Once the person who has tested positive for symptoms has provided the requested contact
PRECEDENTS
Subscribed for and on behalf of [insert name of LLP] by ________________________ [Director
CHECKLISTS
This Flowchart sets out the procedure that an employer should follow when an employee performance or capability issue has been identified, including obtaining relevant documents such as the contract of employment and appraisal records, considering the use of mediation, deciding who should undertake the performance monitoring, convening informal and formal meetings, the decision to dismiss or implement some other sanction, and managing the appeal process. Click below to view or print the full-size PDF version: Note 1—identifying whether there is a performance issue If the employee’s performance is falling below the required standard, the employer may wish to address the situation through its performance procedure. For an example procedure, see Precedent: Policy and procedure—performance and capability. A distinction is made between misconduct and poor performance. Where it is the employee’s conduct that is at issue, then a disciplinary process will be appropriate, see Practice Note: Managing performance—Dealing with poor performance. Before starting a formal process, it will be necessary to review the provisions of the employer’s performance procedure and consider, for example, if there are any
PRECEDENTS
1 Price variation (events prior to delivery of goods or products) Confirmed Price Date • means [insert number] days before[ delivery of the [Products OR Goods] ]. 1.1 At any time prior to the Confirmed Price Date only, the Supplier may, by notice to the Customer, increase the Price of the [Products OR Goods] to reflect any one or more of the following: 1.1.1 any increase in cost beyond the Supplier’s reasonable control [insert details, eg ‘including the price of raw materials’, ‘including metals traded on the London Metal Exchange’ or details relating to energy costs and/or climate change
NEWS
The Department for Environment, Food and Rural Affairs (Defra) has published the Marine Recovery Fund (MRF) terms and conditions for offshore wind developers, setting out the contractual arrangements for developers applying to the fund before or after obtaining development consent. Developers applying before consent must first enter into a conditional agreement and, once consent is granted, enter into an MRF contract incorporating the standard terms and conditions. Developers applying after consent are required only to enter into the MRF contract with the standard terms and conditions for post-consent applicants. Defra states that each contract is supported by accompanying schedules, which are available on request.
PRACTICE NOTES
The requirements when supervising trainees derive from the SRA Codes of Conduct and the SRA’s specific regulatory requirements for authorised training providers providing training contracts. The requirements are slightly different depending on whether the trainee is on a formal training contract or is working towards qualification via the Solicitors Qualifying Examination (SQE). This Practice Note explains what is expected of you when supervising, monitoring and assessing trainees and SQE candidates. It reflects the requirements of: • the SRA Codes of Conduct, which contain the SRA’s core requirements in relation to supervision generally—see section: Supervision—core requirements • the SRA Education, Training and Assessment Provider Regulations—see section: Standard of training • guidance on supervising trainees published on the SRA website Induction and other support It is good practice to provide an induction for all trainees, including SQE candidates who you have employed for the purpose of their gaining qualifying work experience (QWE). The induction should be extended to all, including those who have worked for you before in another capacity. You are free to organise the induction to
PRECEDENTS
Property: [insert name and/or address of the property] (‘Property’) Seller: [insert name and address of seller] (‘Seller’) Buyer: [insert name and address of buyer] (‘you’) 1 Introduction 1.1 Scope of report This report is addressed to you and has been prepared for you in connection with your proposed purchase of the Property [for your own occupation OR as a second home OR as a buy-to-let investment]. It may not be disclosed to or relied upon by anyone else. We have investigated the Seller’s title to the Property and this report contains a summary of the key points arising from our investigations. Copies of the information obtained during the title investigation process together with a copy of the contract for sale are attached to this report and you should read these as part of this report and keep them for future reference. 1.2 Good and marketable title We are of the opinion that, subject to the matters referred to in this report, upon completion of the purchase of the Property, payment of [stamp duty land tax OR land transaction tax]
Q&As
Conveyancing Standard Conditions of Sale- 5th Edition (‘Standard Conditions’) ‘6.3.5 When a sum to be apportioned is not known or easily ascertainable at completion, a provisional apportionment is to be made according to the best estimate available. As soon as the amount is known, a final apportionment is to be made and notified to the other party. Any resulting balance is to be paid no more than ten working days later, and if not then paid the balance is to bear interest at the contract rate from then until payment.’ The standard conditions are a set of Law Society produced contract conditions to which the vast majority of residential sale contracts are subject. A conveyancer is not obliged to incorporate the standard conditions of sale into any contract but it is uncommon to see a contract which is not subject to them. The standard conditions
Q&As
The fact that an individual is regarded as ‘self-employed’ for tax purposes does not necessarily mean that they will not be regarded as a worker for national minimum wage purposes. It is therefore worth considering whether the individual in question qualifies for the national minimum wage. An individual qualifies for the national minimum wage if he is: • a worker • who works, or ordinarily works, in the UK under his contract, and • has ceased to be of compulsory school age For national minimum wage purposes, a worker is an individual who has entered into or works under (or, where the employment has ceased, worked under): • a contract of employment (limb a), or • any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose
Q&As
The remedies available to a lender will depend principally on: • when the misstatement was made (ie before or after the contract was entered into, and before and after drawdown; and • what specific provision is made for such a misstatement in the loan documentation Express provision The loan documentation may specify the statements which the borrower is taken to have made on contract, and is often deemed to restate those statements on important dates such as the dates of drawdowns. If the statement is no longer true, depending on the terms of the contract, it may be possible to treat the untruth as an Event of Default. Again depending on the terms of the contract, this may have the effect of, for example: • cancelling any further commitment to make drawdowns • accelerating the existing debt • triggering cross-default provisions • causing security to