The conditions for bringing a family provision claim are set out in section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). A child of the deceased is an eligible claimant under I(PFD)A 1975, s 1(1)(c). The definition of a child includes an adult and/or married child. See Re Jackson (deceased); Ilott v Mitson and Re Hancock (deceased). Nevertheless, claims by adult children are often difficult to bring and the outcome

Under paragraph 3 of Schedule 6 to the Electricity Act 1989 (EA 1989), the pre-existing licensed electricity supplier in respect of the premises is likely to be deemed to have contracted with the current occupier for the supply of electricity. Under EA 1989, Sch 6, para 3(6), the relevant electricity supplier is obliged to publish the terms and conditions that apply in the case of such deemed contracts, and therefore these terms and conditions should be available on the relevant supplier’s website. The relevant supplier’s deemed contract should therefore be reviewed for the caps on liability and measures of damage that will apply. While the conditions of electricity suppliers’ supply licences (available on the Ofgem

Resignation is when an employee decides to terminate their own contract—usually by giving the requisite contractual or statutory minimum notice. For unfair dismissal and other statutory purposes, a resignation is only treated as a dismissal: • when it happens in circumstances amounting to constructive dismissal (see Practice Note: Constructive dismissal), or • where the cause of the employee’s resignation is the employer’s threat to dismiss them (see Practice Note: Definition of dismissal in unfair dismissal) If

This response assumes that the only change introduced by the new holiday policy is to increase the holiday entitlement of those with long service, and that it is not proposed to alter or decrease the holiday entitlement of employees generally. An employment or worker contract may, like any other contract, be amended at any time either: • in accordance with the terms of the contract itself (eg where a clause in the existing contract purports to give the employer the power to vary some, or all of the terms, unilaterally, without the employee's consent), or • with the agreement of all the parties to the contract For further information generally, see Practice Note: Changing terms and conditions of employment. Changing

For information on the statutory right to a minimum period of notice under Employment Rights Act 1996 (ERA 1996) generally, see Practice Note: Statutory minimum notice. The statutory right to notice ERA 1996, s 86(1)–(2) sets out the statutory period of notice required to terminate the contract of employment of a person who has been continuously employed for one month or more. For these purposes, ‘contract of employment’ means a contract of service or apprenticeship, whether express (oral or in writing) or implied. An employee on a fixed term contract of employment has the same right to statutory notice as other employees,

Check your disciplinary policy The first step is to check your disciplinary policy to see what it says about who may accompany a worker to a disciplinary hearing. It is unlikely to state that a worker's spouse may act as a companion, but if it does, you should allow the husband to attend. Statutory right to request to be accompanied Any worker who is required or invited by their employer to attend a disciplinary or grievance hearing, and makes a reasonable request to be accompanied, has the right to be accompanied at that hearing. The right to be accompanied applies to disciplinary hearings which could result in: • the worker receiving a formal warning. Disciplinary hearings at which the worst possible outcome for the worker is an informal warning are not covered, although a warning will not be considered 'informal' for these purposes simply because you give it that label, eg any warning which is confirmed

For information on the post-employment notice pay (PENP) calculation generally, see Practice Note: Taxation of payments in lieu of notice (PILONs) and post-employment notice pay (PENP). An employer is required to carry out a PENP calculation if it pays a ‘relevant termination award’, meaning termination payments or benefits that fall within section 401(1)(a)

The obligation on employers to designate and facilitate access to a stakeholder pension scheme ceased to apply from 1 October 2012, when the automatic enrolment regime came into effect. However, unless a relevant exception applies (eg where an employer is notified that a designated stakeholder pension scheme has commenced winding up), employers are under a continuing duty, in respect of relevant employees, to deduct employee contributions to an existing stakeholder scheme from their remuneration and pay them to the trustees/managers of the scheme. For more information, see Practice Note: Stakeholder pension schemes—the legal requirements. Whether

Generally, if the employee has been continuously employed for one month or more, they will have the right to minimum rates of pay during the statutory period of notice, even if they remain unable to work during the notice period because of sickness or injury. If notice of termination is given by the employer, the employer’s liability to the employee is limited to the period of statutory notice to which the employee is

It is assumed for the purposes of this Q&A that the employee’s employment did not transfer to a new employer in circumstances where there has been a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 (see Practice Note: TUPE—business transfers). For further information about enhanced redundancy protection, see, generally, Practice Note: Enhanced redundancy protection—statutory family leave. In relation to the employee’s initial employment (from which she resigned), the period during which the employee has enhanced statutory protection from redundancy depends on when the employer is informed of her pregnancy. Assuming the circumstances are within scope of the Maternity Leave, Adoption Leave and Shared Parental

Enhanced redundancy payments It is relatively common for employers, particularly larger employers and those that are unionised, to pay redundancy payments to redundant employees which are in excess of the statutory minimum under the statutory redundancy payments scheme. The employer may have an established written policy which sets

Referral to Disclosure and Barring Service The duty to make a referral to the Disclosure and Barring Service (DBS) is set out in the Safeguarding Vulnerable Groups Act 2006 (SVGA 2006) and explained in the DBS guidance: Making barring referrals to the DBS. Referral to Social Work England According to the Social Work England (SWE) website: UK applicant guidance, when a person applies to join the SWE register (among other things): • they will be asked whether they have ever been subject