In relation to failure to inform and consult under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), regulation 15(9) provides: ‘The transferee shall be jointly and severally liable with the transferor in respect of compensation payable under sub-paragraph (8)(a) or paragraph (11)’. It is therefore clear that, irrespective of whether the tribunal makes the order against the transferor or the transferee, both the transferor and the transferee will be jointly and severally liable to pay the amount ordered. In Todd v Strain, the EAT (Underhill J presiding) held that the terms of regulation 15(9) TUPE 2006 are unequivocal and that it was not the task of the tribunal to apportion liability between the transferee and transferor. In this case, the claimants’ representative acknowledged ‘that the issue of apportionment (if not addressed in the sale agreement) fell to be determined, if necessary, in

Under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTW Regs 2000), SI 2000/1551, reg 5(1), a part-time worker must not be treated less favourably than a comparable full-time worker as regards the terms of the worker’s contract (ie including contractual benefits such as holiday), unless the treatment is justified on objective grounds. A worker is a part-time worker if they are paid wholly or in part by reference to the time they work and, having regard to the custom and practice of the employer in relation to workers employed by the worker's employer under the same type of contract, is not identifiable as a full-time worker. In determining whether less favourable treatment has occurred, the pro rata principle is applied unless it is inappropriate. Therefore, if full-time

See Practice Note: Brexit—impact on financial services discusses the impact of Brexit on financial services including the loss of passporting rights for UK regulated firms to access the EU market. Prior to Brexit, regulated UK firms carried out various cross-border services using passports operating under different EU directives and regulations. The implications of losing passporting rights, and possible solutions, differ depending on the specific

We assume for the purposes of this Q&A that the contract is a commercial agency contract where the parties have specified the laws of England and Wales as its choice of governing law and jurisdiction and there is no clause stating the agent’s entitlement to indemnity on termination of the contract. Application Council Directive 86/653/EEC (Commercial Agents Directive) on the coordination of the laws of Member States relating to self-employed commercial agents was implemented into the UK by the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (Commercial Agents Regulations). The Commercial Agents Regulations apply where the agent undertakes agency activities in England, Scotland and Wales, regardless of where the principal is located. Equivalent legislation applies in Northern Ireland. Similar provisions apply in each of the European Economic Area (EEA) countries. Each EEA country has their own implementing legislation and local legal advice should

The starting point is that in the United Scientific Holdings Ltd v Burnley Borough Council; Cheapside Land Development Co Ltd v Messels Service Co, the House of Lords held that the presumption is that time is not of the essence in the operation of a rent review clause. What the House described as contraindications in the lease might mean that the presumption would be displaced. This means however that unless time is expressly stated to be of the essence, or in the context of the other clauses of the lease, it is clear that the parties intended it to be so, a failure on the part of either party to meet time limits in the rent

Paragraph 31 of the Electronic Communications Code, set out in Schedule 3A Part 1 to the Communications Act 2003, (the Code) contains provisions dealing with the termination of a Code agreement. It allows Code agreements which have reached the end of their contractual term to be ended by notice. By paragraph 31(1) of the Code, the notice may be given by a 'site provider who is a party to a code agreement'. As the question implicitly acknowledges,

We have assumed that: • the transferee business does not already hold a sponsor licence under the tiers and categories needed to sponsor the transferred employees. Also that the transferor did not report the transfer within 20 days in accordance with their sponsor duties set out in the Tiers 2 and 5 Sponsor Guidance • the transferor did not report the transfer within 20 days in accordance with their sponsor duties set out in the Tiers 2 and 5 Sponsor Guidance Paragraph 13.3 of the Tiers 2 and 5 Sponsor Guidance (SG) states that: ‘Where migrants are being moved to you under TUPE or similar protection, but you do not already have a sponsor licence under the tiers and categories needed to sponsor them, you must make an application either for a sponsor licence, or to extend the scope of your existing sponsor licence. Your application

In determining whether the transferee can apply its own absence management policy in respect of transferring employees who, prior to the relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, were not subject to such a policy, it will be necessary to determine: • the nature of the employee’s rights and obligations under the transferee’s ‘ad hoc’ policy or arrangements • whether those rights and obligations transfer under TUPE 2006, SI 2006/246 • the nature of the proposed ‘change’ by the transferee in applying its own (non-contractual) policy • whether that change amounts to a variation of the transferee’s terms and conditions of employment and, if so • whether that change is permitted under TUPE 2006, SI 2006/246 Status of the policy or practice Policies are similar to guidelines: they are statements of usual practice, and

A right to forfeit will be waived where a landlord unequivocally affirms the existence of a lease, in full knowledge that a tenant has committed a breach of covenant. Whether a right to forfeit has been waived will be judged objectively, so that provided the landlord has knowledge of the breach and acts in a way which is consistent with the continuation

From 1 October 2014, it has been a legal requirement for all lettings agents and property managers in England to join one of two Government-approved redress schemes. As from 6 August 2018, a third scheme, the Ombudsman Services: Property, is no longer an approved redress scheme. We have assumed for the purposes of this Q&A, that the Ombudsman’s decision was obtained prior to 6 August. Where

By section 3 of the Children Act 1989, 'parental responsibility' means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property. In practical terms this means that a parent is entitled to be involved in decisions relating to, for example, the living arrangements, education, religion, medical treatment etc in respect of the child. Where parents divorce, parental responsibility is not lost, and the parents are therefore required to continue to co-parent the child and involve the other in respect of decisions that affect parental responsibility. A trust in simple terms is an arrangement where money or property is held by a trustee or trustees on behalf of a beneficiary or beneficiaries. A child cannot hold real property, and it will be common where

This Q&A considers a scenario where there has been a refusal of an in-country application under the Immigration (European Economic Area) Regulations 2016 (the 2016 Regulations), SI 2016/1052. If a family permit application was refused while the applicant was outside the UK, in-country switching would not be an issue. The first factor to be considered when deciding whether a partner application is a viable option is how the applicant has in fact entered the UK. Immigration Rules, Appendix FM, para E-LTRP.2.1 and Immigration Rules, Appendix FM, para E–LTRP.2.2 set out the immigration status requirement for a partner application as follows: ‘Immigration status requirements E-LTRP.2.1. The applicant must not be in the UK— (a) as a visitor; or (b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings E-LTRP.2.2.