A 'lay-off' occurs when the employer temporarily shuts down some or all of its operation because it cannot find any or enough work for its employees. In such circumstances, the employer may purport to suspend the contract of employment, rather than terminate it. However, the employer has no unilateral right to suspend the contract (Neads v CAV Ltd, Peter Pain J). There must be a permissive term in the contract, express or implied, before the employer may lawfully suspend the contract (Hanley v Pease & Partners Ltd, Div Ct; Marshall v English Electric Co Ltd).

There are specific procedural provisions relating to claims brought by minors or by protected parties (ie those who lack capacity). Minors are not ordinarily able to bring proceedings in their own right, but rather must act via a litigation friend (on which, see generally CPR Part 21). CPR 21.10 provides that where a claim is made by or on behalf of a child or protected party, or against them, no settlement, compromise or payment is valid without the approval of the court. This includes an agreement reached prior to the issue of a claim, in which circumstances Part 8 proceedings to obtain court approval is required. It is therefore common for proceedings to be before the court solely to deal with the approval of a settlement

It has been assumed for the purposes of this response that the variation was entered into within two years of death. Section 68C of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) is relevant to identify the settlor where there is a

Subject to various qualifying criteria, tenants who hold long leases of flats have a collective right under section 1 of the Leasehold Reform, Housing and Urban Development Act 1993, to buy the freehold

In September 2016, the government introduced a standardised selection questionnaire (SQ) for use in public procurement, which replaced the previous standard form pre-qualification questionnaire (PQQ). The standard form SQ is divided into three Parts: • Part 1: Potential Supplier Information—supplier's basic information including contact details, company information, trade memberships, group bidding and subcontractors • Part 2: Exclusion Grounds—supplier's self-declaration regarding the application of mandatory and discretionary exclusion grounds • Part 3: Selection Questions—supplier's self-declaration regarding its ability to meet the selection criteria in respect of its financial standing, technical capacity and ability The use of SQ is mandatory in relation to the establishment of a dynamic purchasing system (DPS), which is regulated under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 34. However, there is an acceptance that contracting authorities do have a greater degree of flexibility in relation to the

At the time of drafting UK copyright legislation, the legislature’s mind was not in the cloud, but firmly on the ground. Technology has since progressed, bringing with it new technological challenges. No longer do we create work in solitude, using fixed, isolated platforms. Rather, we now work from the ‘cloud’. Our system desktops may be hosted anywhere in the world (I’m currently writing this from a server 100 miles away from my home), or you might upload documents to remote servers for access from any computer, at any time (ie Dropbox). In the UK, under section 3 of the Copyright, Designs and Patents Act 1988 (CDPA 1988), literary copyright arises automatically once the work is ‘recorded’. Given that UK legislation did not envisage the

As part of an entry clearance visa application, applicants must provide their biometric information (ie fingerprints and facial photograph) unless if they are applying using an identity checking application (the ID Check app). The submission of biometric information will usually involve attending a visa application centre operated by one of the Home Office’s commercial partners (eg VFS Global or TLScontact). You can find a full list of visa application centres here. The online application form will ask the individual

There is a maximum period within which an EMI option must be exercised in order to secure the EMI tax advantages. With effect from 6 April 2026, this period is 15 years from grant. However, previously it was ten years from grant (and it remains ten years in the case of options granted by certain Northern Ireland companies even after 6 April 2026), and therefore, the vast majority of existing EMI options will have been granted on terms that they will lapse if not exercised within ten years of grant. For those options which are only triggered for exercise by a corporate exit event, if they can be amended to extend their ‘life’ from 10 to 15 years from grant then this will extend the period for which maximum tax relief will potentially continue be available until such time as such a corporate exit

Where a claim has been dealt with and resolved pursuant to one of the protocols for low value claims in road traffic accident cases or in employer’s liability and public liability claims, the right of recovery of legal costs is governed by the Civil Procedure Rules 1998 (CPR), SI 1998/3132, r 45.17, which provides: ‘The only costs allowed are – (a) fixed costs in rule 45.18; and (b) disbursements in accordance with rule 45.19; and (c) where applicable,

An employer may choose to make the continued employment of a new recruit subject to the successful completion of a probationary (or trial) period by including provisions to this effect in the employment contract. The purpose of a probationary period is to allow both parties to test the suitability of the role to the individual and of the individual to the role (as the case may be), and to terminate the employment contract on shorter notice than would otherwise apply should it become apparent that things are not working out (subject to the stipulation, of course, that any such notice period must be not less than one week, to satisfy statutory minimum notice requirements). While there is no law regulating how long a probationary period should be, there is an expectation that it must be reasonable. Generally, a probationary period is likely to be between three and six months, depending on the nature and seniority of the role in

You may find the following Price promotions—checklist useful as well as: • Practice Note: Promotional marketing and price claims • Practice Note: Advertising law and regulation • Practice Note: Comparative advertising Practice Note: Promotional marketing and price claims provides a detailed summary of the governance and key issues to consider when indicating prices and making price promises and other price claims in the UK, including price guarantees, lowest price claims and discount offers

The case of Saunders v Caerphilly County Borough Council considered this issue recently. Two questions, among other things, were before the court to be considered as preliminary issues. First, whether section 9(1) Limitation Act 1980 (LA 1980) was applicable to the claims made by the claimant in the action.