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NEWS
Law360: An employment tribunal has ruled that a Catholic girls' school in north London justifiably sacked its pastoral manager over a post on her popular Christian Instagram pages promoting submissiveness in women towards their husbands, finding that its message could harm vulnerable students.
Q&As
Assumption: it is assumed that you have already advised the court that you will serve the claim form rather than choosing the default position that the court serve the claim form. A claim form is an originating process of the court and special rules apply for service. Therefore, it is important to try to serve in a compliant manner within primary limitation. It will be recalled that CPR 3.10 provides the court a general power to rectify errors of procedure; however, there is a question as to whether a failure to serve originating proceedings at all properly can be characterised as a mere error in procedure. A closely analogous question was considered in Integral Petroleum SA v SCU-Finanz AG by Mr Justice Poppelwell who was prepared to find that a failure to comply with the requirements of CPR PD 6A
Q&As
Settled status applications under the EU Settlement Scheme (EUSS) and naturalisation applications under section 6(1) and 6(2) of the British Nationality Act 1981 (BNA 1981) each have residence requirements in relation to the numbers of days during the qualifying period that the applicant must not have been outside the UK. For details, see Practice Notes: Applying to naturalise as a British citizen: eligibility and The EU Settlement Scheme—the eligibility requirements under Appendix EU. As a general point, there is very little visibility on (i) exactly what information the Home Office has in relation to visa holders’ travel into and out from the UK; and (ii) how much access the Home Office decision makers have to such information. See News Analysis: eGates and the demise of examination on entry (in particular under the heading ‘What is in, and what is
Q&As
Domicile The essential validity of a Will of movables or of a gift of movables, is governed by the law of the testator's domicile at the time of their death. The essential validity of a Will of immovables or of a gift of immovables is governed by the law of the country where the immovables are situated (the lex situs). Domicile is also a concept relevant to determining an individual’s inheritance tax liability. A declaration by a testator as to domicile may be useful when, owing to the testator's birth or residence or the nature and location of their business interests, a reasonable doubt may arise as to their true domicile. Domicile is not, however, a mere question of intention and such a declaration, if contradicted or unsupported by the actual facts, is inoperative. Therefore, a declaration as to domicile will not be conclusive as to domicile at the date of death, nor indeed to domicile
Q&As
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended, impose obligations on firms in relation to beneficial owners. What/who is a beneficial owner? The MLR 2017 identify six main categories of entity or arrangement that may have a beneficial owner: • corporate body (including liability partnerships (LLP)) which is not a company whose securities are listed on a regulated market • partnership • trust (subject to exclusions) • foundation or other legal arrangement similar to a trust • estate of a deceased person in the course of administration • other legal entity or legal arrangement There is then a catch-all provision for ‘any other case’. This Q&A focuses on corporate bodies. Beneficial ownership of a body corporate From a standard corporate law perspective, a ‘body corporate’ includes all the Companies Act 2006 (CA 2006) companies and limited
Q&As
An employee (but not another type of worker) is entitled to be given a written itemised pay statement by his employer at or before the time any wages are paid to him. The statement must contain particulars of: • the gross amount of wages • the amounts of any variable and any relevant fixed deductions and the purpose for which they have been made • the net amount of wages • where different parts of the net amount are paid in different ways, the amount and method of payment of each part In any Act, unless the contrary intention appears, 'writing' includes typing, printing, lithography, photography and other modes of representing or reproducing words in a visible form; and expressions referring to writing are to be construed accordingly. In Anakaa, the Northern Ireland Court of Appeal considered the question of online payslips. For further information, including
Q&As
We are in the process of producing new content relating to the General Data Protection Regulation and litigation, which will be available in our module as soon as possible. Pre-action conduct The pre-action protocols (Protocols) and, in the event that none of the specific pre-action protocols apply, the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction), set out the conduct usually expected of parties prior to the issue of proceedings. An effective exchange of information is encouraged between the parties, with an important part of this process being the letter of claim, setting out the details of the claimant’s proposed claim, and the defendant’s response to that letter. However, as indicated in: Pre-action protocols: Halsbury’s Laws of England
Q&As
Consideration should be given to the following: • the right to a written statement of employment particulars • the right to be accompanied • the application of the Acas Code of Practice • the tests for worker and employee status Written statements of employment particulars from 6 April 2020 From 6 April 2020, the written statement of employment particulars must include a note: • specifying any disciplinary rules applicable to the worker (or referring the worker to a reasonably accessible document containing them, eg a handbook) • specifying any procedure applicable to the taking of disciplinary decisions relating to the worker, or to a decision to dismiss the worker (or referring the worker to a reasonably accessible document containing them) • specifying (by description or otherwise): ◦ a
Q&As
Face coverings Face coverings are not classed as personal protective equipment (PPE) as they: • are generally not manufactured to a recognised standard and not CE marked • do not provide a proven level of protection for work risks such as dust and spray. See Health and Safety Executive (HSE) guidance: Face coverings and face masks at work during the coronavirus (COVID-19) pandemic The Department for Business, Energy and Industrial Strategy (BEIS) Working safely during coronavirus (COVID-19) guidance also draws a distinction (see eg, the Visitor economy guide) between: • PPE, including face masks, and • face coverings The Cabinet Office guidance Face coverings: when to wear one, exemptions, and how to make your own lists the indoor settings in which a face covering must be worn and also that it is compulsory (from 24 September)
CHECKLISTS
This flowchart sets out details of giving advance notice to the media via the Press Association Injunction Applications Alert Service (formerly CopyDirect) of an application for a reporting restriction order in family proceedings. It considers the provisions of Family Procedure Rules 2010, SI 2010/2955, Pt 27 together with FPR 2010, PD 12I (Applications for reporting restriction orders) and
PRACTICE NOTES
Most of us would say that if we are doing something wrong we would want someone to tell us, but few people truly appreciate it when they actually do. This Practice Note will guide you through the key things to consider when giving, and receiving feedback, including: • reasons for not giving feedback • important things to consider when giving feedback • things to avoid doing or saying • why people don't always hear positive feedback • the structure of a feedback discussion, and • receiving and dealing with improvement feedback Reasons for not giving feedback A busy manager has a lot on their plate and can often find a number of really good reasons to put off giving feedback—below are a number of those reasons and some thoughts to consider. Reason Considerations I don't have time Whatever it is that someone is, or isn’t, doing is likely to be having an impact on your time. Though it will take time to give them the feedback this will, overall, be less than
NEWS
Family analysis: Following an announcement of plans for children to have a greater say in family court cases Cherry Harding, a barrister specialising in family law at 1 King’s Bench Walk Chambers, examines the issues and challenges for all those involved in the process.