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PRACTICE NOTES
Fixed-term employees are those whose employment is agreed to end on a particular date in the future or upon the occurrence of a specific event. They differ from employees who have contracts of indefinite duration whose employment will continue until terminated either by the employer or by the employee. This Practice Note provides an overview of the rules applicable to fixed-term employees in Ireland and the essential aspects of fixed-term employment for practitioners to understand. Background legislation Similar to much of the employment law in Ireland, the legislation which gives rise to the bulk of protection of fixed-term employees is grounded in EU law. Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (the Fixed-Term Work Directive) was implemented into Irish law under the Protection of Employees (Fixed-Term Work) Act 2003 (Ireland) (PE(FTW)A 2003 (IRL)). PE(FTW)A 2003 (IRL) sets out the requirements on employers to ensure there is no less favourable treatment of fixed-term employees when compared with permanent employees. These requirements
PRECEDENTS
Hardship • means[, subject to clause [1.6 OR 1.7],] a [fundamental OR material] change in the balance of a party’s benefits and obligations under this Agreement caused by a[ legal, technical, political, economic or financial] event (or events) that occurs[ or the impact of which becomes known to the affected party] during the term of this Agreement which: (a) is not a [insert (eg ‘Force Majeure Event’ or ‘circumstance to which clauses [X] or [Y] relate’)]; (b) [except in the case of the circumstances referred to in [insert reference eg to clause 1.6 or 1.7 if appropriate], ]could not reasonably have been anticipated, mitigated against or avoided by the Disadvantaged Party at the time of execution of this Agreement; (c) is beyond the control of [the Disadvantaged Party]; and (d) the risk of which is not otherwise assumed[
Q&As
This Q&A considers alternative employment for fair dismissal purposes and the question of suitable alternative employment for statutory redundancy payment purposes. Reason for dismissal The same definition of ‘redundancy’ applies for the purposes of determining: • the entitlement to a statutory redundancy payment • whether, in the context of an unfair dismissal claim, the reason for dismissal is redundancy Under this definition, an employee is dismissed by reason of redundancy if their dismissal is wholly or mainly attributable to: • the employer ceasing or intending to cease carrying on the business for the purpose of which the employee was employed by them • the employer ceasing or intending to cease carrying on that business in the place where the employee was so employed • the requirements of the business for employees to carry out work of a particular kind, either generally
NEWS
The New Engineering Contract (NEC) has published a version of secondary option X29 which has been produced for all NEC4 main and main subcontract forms. This follows the consultation on the clauses held earlier in 2022. The new option will be used to support, incentivise and tangibly demonstrate carbon reduction initiatives on future builds across the construction sector.
PRACTICE NOTES
The introduction of personal pensions in 1987 was heralded as offering new choices for self-employed and employed individuals. However, it soon became apparent that the new product could also be marketed to employers. The group personal pension (GPP) product rapidly arose to fill this gap in the market. At its simplest, the GPP product can be described as a series of individual personal pension plans written under a single personal pension scheme and administered by the product provider for the employees of a single employer or group of employers. GPPs can thus be described as ‘workplace personal pension schemes’. As a result, certain requirements apply to GPPs which do not apply to personal pension schemes used outside of a workplace context. For instance, GPPs must be governed by independent governance committees (IGCs) (see Group personal pensions—principal legal features below) and restrictions apply in relation to member-borne charges. For further information on the workplace requirements applicable to GPPs, see Practice Note: Personal pensions—an introduction—Features specific to workplace personal
NEWS
Law360: Peru's capital city of Lima is appealing a DC federal judge's order directing the city to turn over a criminal complaint it filed against arbitrators adjudicating claims against it related to a highway project and concession contract, maintaining that the judge issued the order before considering the city's immunity defences.
PRECEDENTS
1 The Supplier acknowledges that the Customer has a duty under section 40A of the Equality Act 2010 to prevent sexual harassment of its staff by third parties and will not tolerate sexual harassment of its staff. Having identified third parties (though not specifically the Supplier) as one of the factors that may increase the risk of sexual harassment, to mitigate that risk the Customer needs to ensure that, where its staff have contact with staff of third party suppliers or contractors, those third parties have measures in place to prevent sexual harassment by their staff. The Supplier therefore agrees to provide the undertakings set out in clause 2. 2 The Supplier undertakes: 2.1 to review
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force (ie ongoing procurements). This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. PCR 2015 as assimilated law The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance
Q&As
Under section 86 of the National Health Service Act 2006 (NHSA 2006), National Health Service (NHS) England may enter into a general medical services contract with certain classes of persons, subject to such conditions as may be prescribed. ‘Prescribed’ means prescribed by regulations. The prescribed conditions are found within the National Health Service (General Medical
PRACTICE NOTES
This Practice Note contains Q&As relating to practical execution issues relevant to the execution of documents in an international context and by an overseas company in commercial transactions. Overseas companies and attorneys • Can an overseas company sign an English law contract on behalf of its UK branch? • Do you have a form of execution
Q&As
See Practice Note: Insurance distribution activities—law firms. This confirms that the underlying Directive (EU) 2016/97, Insurance Distribution Directive applies to the activity of advising on insurance contracts. Likewise, the Solicitors Regulation Authority’s regulatory regime captures advising in relation to a contract of insurance. The
Q&As
The lease should be viewed as an ordinary contract and the usual rules of construction will apply. If the term states in clear language that a landlord is permitted to recover ‘legal’ costs incurred due to a tenant’s breach, there is unlikely to be any implied agreement that such legal costs only extend to costs