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PRACTICE NOTES
Variations to the agreed drawings and specifications are usually needed on all major construction projects—see Practice Note: What is a variation on a construction project? All standard form construction contracts make provision for them and agreements for lease need to do the same. However, in agreements for lease, both parties (ie the landlord and the tenant) may want to implement variations to the planned works. Each party will wish to control what the other party can do, and therefore the agreement for lease must explain the procedure by which each party can request variations and the type or extent of work which it is permitted to vary. This Practice Note looks at how the agreement for lease may provide for variations requested by the landlord and the tenant. Landlords variations The landlord's building contract with the contractor will contain provisions enabling it to instruct variations . These variations may be as a result of the landlord changing its mind, the architect realising a part of the design doesn't work or as a result of the need to overcome
PRACTICE NOTES
This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held to be unenforceable. It also looks at the circumstances in which courts have upheld contracts as enforceable despite the apparent lack of certainty as to their fundamental terms. Principle Traditionally, contracts which contain an agreement to agree certain contractual terms in the future have been held unenforceable as being too uncertain. The existence of a binding contract is determined by an objective test, which is whether: • on the basis of the evidence, the reasonable man would say that the parties were in agreement and had intended to create legal relations (the test disregards the parties’ own views), and • the contract is sufficiently certain so as to be enforceable Agreement For a contract to be binding, its terms must be sufficiently definite to enable the court to give them a practical meaning and, in particular, the terms must be enforceable without further agreement by the parties. The indicators that the parties
PRACTICE NOTES
This Practice Note deals with agreements to extend time under CPR 3.8(4). This provision enables the parties to agree an extension of time for complying with a rule, practice direction or court order where it requires them to do something within a specified time and specifies the consequences of a failure to comply. It looks at the criteria for agreeing an extension of time under CPR 3.8(4), together with guidance on how to make and respond to a request for an extension of time (sometimes referred to as a ‘buffer agreement’ or ‘buffer order’) and the circumstances in which buffer agreements may and may not be appropriate. For information on extension of time generally, including outside the parameters of CPR 3.8(4), see Practice Note: Extension of time. This Practice Note should be read in conjunction with content dealing with the court’s approach to non-compliance by the parties and applications for relief from sanction which relate to such non-compliance, which can be found in: Compliance and relief from sanctions—overview. Agreeing
PRECEDENTS
Solicitor apprenticeship agreement dated [insert date] Parties 1 [Name of Employer] [of [insert address] OR a company incorporated in [England and Wales] (registered number [insert number]) whose registered office is at [insert address]] (we or us); and 2 [Name of APPRENTICE] of [insert address] (you). 1 Appointment 1.1 This agreement is an approved English apprenticeship agreement within the meaning of section A1 of the Apprenticeships, Skills, Children and Learning Act 2009. It is a contract of employment and is not to be treated as being a contract of apprenticeship. 1.2 We will employ you on the terms and conditions set out in this agreement. 1.3 Your employment with us under this agreement [started on OR will start on] [insert date] and, subject to the terms of this agreement, will terminate automatically on the Expected Completion Date[ unless it is brought to an end earlier by either you or us giving no less than [insert number] [weeks’ OR months’] notice expiring at any time]. No period of employment with any previous employer counts as part of your period of continuous employment
PRECEDENTS
apprenticeship agreement dated [insert date] Parties 1 [Name of Employer] [of [insert address] OR a company incorporated in [Scotland] (registered number [insert number]) whose registered office is at [insert address]] (we or us); and 2 [Name of APPRENTICE] of [insert address] (you). Stop press: With effect from 1 January 2027, section 25 of the Employment Rights Act 2025 (ERA 2025) amends the qualifying period for ordinary unfair dismissal set out in section 108 of the Employment Rights Act 1996 (ERA 1996) from two years to six months, and removes the cap on the compensatory award in ERA 1996, s 124. Transitional provisions are set out in the Employment Rights Act 2025 (Commencement No 4 and Transitional and Saving Provisions) Regulations 2026, SI 2026/559. For information on the implications of the reduction in the unfair dismissal qualifying period for probationary periods, see Practice Note: Probationary periods. This Precedent will be reviewed shortly. 1 Appointment 1.1 This agreement is a contract of apprenticeship. It is for a fixed term of [insert the duration of the fixed term, eg four years], subject to the terms
PRECEDENTS
apprenticeship agreement dated [insert date] Parties 1 [Name of Employer] [of [insert address] OR a company incorporated in [England and Wales] (registered number [insert number]) whose registered office is at [insert address]] (we or us); and 2 [Name of APPRENTICE] of [insert address] (you). 1 Appointment 1.1 This agreement is an apprenticeship agreement within the meaning of the Apprenticeships, Skills, Children and Learning Act 2009, s 32 and is entered into in connection with the Framework. It is a contract of employment and is not to be treated as being a contract of apprenticeship. 1.2 We will employ you as an apprentice on the terms and conditions set out in this agreement. 1.3  Your employment (and your continuous employment) with us under this agreement [started on OR will start on] [insert date] and, subject to the terms of this agreement, is for a fixed term of [insert period] continuing until [insert date][ or until the date on which an apprenticeship certificate is issued to you in accordance with the Framework, if earlier,] [ or until determined by either you or us giving no less than [insert number]
PRECEDENTS
approved apprenticeship agreement dated [insert date] Parties 1 [Name of Employer] [of [insert address] OR a company incorporated in [England and Wales] (registered number [insert number]) whose registered office is at [insert address]] (we or us); and 2 [Name of APPRENTICE] of [insert address] (you). 1 Appointment 1.1 This agreement is an approved English apprenticeship agreement within the meaning of section A1 of the Apprenticeships, Skills, Children and Learning Act 2009. It is a contract of employment and is not to be treated as being a contract of apprenticeship. 1.2 We will employ you on the terms and conditions set out in this agreement. 1.3 Your employment with us under this agreement [started on OR will start on] [insert date] and, subject to the terms of this agreement, will continue for the Practical Period and terminate on [insert date][ unless it is brought to an end earlier by either you or us giving no less than [insert number] [weeks’ OR months’] notice[ expiring at any time OR expiring on or after [insert date]] ]. No period of employment with any previous employer counts as part of your period of continuous employment
PRECEDENTS
This Agreement is made on [insert date] Parties 1 [Insert name of employer] whose registered office is at [insert address], company registration number [enter number] (‘Employer’); and 2 [Insert name of worker] of [insert address] (‘you’). Background (A) You are employed by the Employer under your Contract. (B) Under your Contract, you carry out work that is unmeasured work for the purposes of the National Minimum Wage Regulations. (C) This Agreement is a daily average agreement as contemplated by Regulations 49 and 50 of the National Minimum Wage Regulations. (D) You and the Employer agree that Average Daily Hours are approximate to Realistic Average Daily Hours. the parties agree as follows: 1 Definitions 1.1 Actual Availability Commitment • means the number of hours per day that you are actually available to carry out duties[ if the work is needed or if work is available] under your Contract; Actual
PRECEDENTS
This Agreement is made on [date] Parties 1 [NAME OF COMPANY], a company incorporated in England with registered number [number] whose registered office is at [address] (the Company); and 2 [NAME OF EMPLOYEE], of [address] (you). THE PARTIES Agree: 1 Education and training 1.1 [Following your recent request for time off for study or training, the OR The] Company will: 1.1.1 grant you leave of absence from work from [insert date] to [insert date] for the sole purpose of attending [[specify particular course] OR any educational or training course] (Course) and sitting any examination[s] relevant to the Course which, in its reasonable opinion, is likely to benefit your work; 1.1.2 permit you to take [paid OR unpaid] leave of absence from work in order for you to attend the Course[ and/or sit any such examination]; 1.1.3 bear any enrolment, tuition and/or examination fees payable for the Course; 1.1.4 reimburse you for any reasonable travel, accommodation, living and other expenses you incur in attending; the Course or sitting such examination(s), subject to compliance with the Company's expenses policy from time to time; 1.1.5 except where the requirements of its business dictate otherwise, permit you to take
PRECEDENTS
[To be typed on the organisation’s headed notepaper] [Insert name of worker] [Insert worker’s address] [Insert date] Dear [insert name of worker] (you) Casual work for [insert name of organisation] (we or us) This agreement sets out the terms on which you and we have agreed that you will provide your occasional services as [insert role] on a part-year, casual basis. Due to the nature of our business, and this role, we are unable to anticipate exactly on what days and for what hours we will need your services during [term-time OR the [summer] term OR the harvest period OR the performance season at [insert name of venue]]. 1 Status Your employer under this agreement is [insert name of organisation]. This agreement is not a contract of employment and it does not give you any employment rights, other than those to which workers are entitled. 2 Term of engagement 2.1 Your engagement under this agreement will start on [insert date] and will continue until either you or we give no less than [insert number] weeks’ notice of termination (Term). 2.2 Your engagement is not subject to a probationary period.
PRECEDENTS
agreement dated [insert date] parties 1 [Insert name of temporary work agency] [of [insert address] OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address]] ('we' or ‘us’); and 2 [Insert name of agency worker] of [insert address] ('you'). 1 Definitions and interpretation 1.1 In this Agreement the following expressions will, unless the context otherwise requires, have the meanings set opposite them: Assignment • services carried out by the Temporary Worker for a Client, as described in Clause 3.1 and in the related Booking Form for the particular assignment; Assignment Information • the meaning set out in Clause 3.4; AWR 2010 • the Agency Worker Regulations 2010; Booking Form • written confirmation of the details of a particular Assignment to be given to you on acceptance of the Assignment, as set out in Schedule 2; Business Day • a day, other than a Saturday or a Sunday, Christmas Day or Good Friday, or a day which is a bank holiday under or by virtue of the Banking and Financial Dealings Act 1971 in that part of Great Britain; Calendar Week • the meaning in regulation 7(4) of the AWR 2010; Client
PRECEDENTS
This workforce Agreement is made on [date] Parties 1 [Insert name of company] [of OR whose registered office is at] [insert address] company registration number [enter number] (the ‘Employer'); and 2 the Workforce Representatives. Background: (A) This Agreement applies to Relevant Employees; (B) The Workforce Representatives have been Duly Elected to represent the Relevant Employees; (C) The Employer and the Workforce Representatives enter this Agreement for the purposes of the Regulations and to modify or exclude the application of the Regulations in relation to [enter summary of ambit of agreement]; (D) This Agreement will have effect from the Start Date subject to satisfaction of the signature conditions set out in clause 2; (E) Before the Sign-up Date, the Employer provided all Relevant Employees with copies of the text of this Agreement and a summary explaining its implications. the parties agree as follows: 1 Definitions 1.1 In this Agreement: Duly Elected • has the meaning assigned by Schedule 1 paragraphs 2 and 3 of the Regulations; Regulations • means the Working Time Regulations 1998; Relevant Employees • means all workers employed by the Employer from time to time working [enter details, eg in the Accounts Department, on the night shift]