In the UK, intellectual property (IP) rights arise either: • when registered with a government authority, for example UK trade mark registrations are registered at the UK Intellectual Property Office, or • automatically, for example copyright and database right protection are established when certain formalities are satisfied Different types of intellectual outputs are protected in different ways, regardless of whether they form part of pre-contract discussions or are otherwise created. IP outputs that may be applicable to pre-contract discussions include literary creations (which includes software) which might attract copyright protection, technological inventions that may be protected by patents (once registered), and the external

For information: • on zero hours contracts generally, see Practice Note: Zero hours contracts • on protections for zero hours workers (including employees) in relation to exclusivity clauses, see Practice Note: Exclusivity clauses—protections for low-income and zero hours workers Under section 27A of the Employment Rights Act 1996 (ERA 1996), any provision of a zero hours contract is unenforceable against a worker if it prohibits the worker from: • doing work or performing services under another contract or under any other arrangement, or • doing so without the employer’s consent Workers under a specified contract (ie low-income workers) are also protected by the Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022, SI 2022/1145, regs 2–3. For more information,

There is nothing in principle to prevent an employer from including in the contract of employment (or worker’s contract) a ‘pay secrecy clause’ which purports to: • prevent disclosure by a worker of their own pay arrangements to someone else, and/or • prevent the worker from seeking information from a colleague about that colleague's pay However, the Equality Act 2010 (EqA 2010) recognises that: • the operation of such pay secrecy clauses may sometimes mask prohibited conduct by the employer, which contravenes the Act • workers

ARCHIVED: This Practice Note has been archived and is not maintained. Stop press: New versions of the RIBA Professional Services Contracts have been published (2020 editions)—see: LNB News 21/07/2020 73. This Practice Note looks at the RIBA Standard Professional Services Contract 2018 for Architectural Services (RIBA SPSC 2018), considering the key provisions and when the RIBA appointment might be used. This form of appointment was published in 2018 and replaced the RIBA Standard Agreement 2010 (2012 revision): Architect. For details on the 2010 edition, see Practice Note: RIBA Standard Agreement 2010: Architect. This form is part of the 2018 suite of RIBA Professional Services Contracts, which also includes: • RIBA Concise Professional Services Contract 2018: Architectural Services • RIBA Domestic Professional Services Contract 2018: Architectural Services • RIBA Principal Designer Professional Services Contract 2018 • RIBA Sub-consultant Professional Services Contract 2018 Suitability The RIBA form of appointment is intended to be used for the appointment of an architect/consultant commissioned to undertake architectural services on projects procured using the traditional

This flowchart illustrates the process of making a proposed instruction claim under the NEC4 Engineering and Construction Contract, which might entitle the Contractor to additional time to complete

This Q&A assumes that the query relates to a general commercial contract between businesses. Contracts can be formed in one of three ways: • orally • by conduct, or • ‘under hand’ (in writing) See: Formation and interpretation—overview. Except where a written contract is required by law or is necessary to satisfy registration purposes (see Practice Note: Contracts required to be in writing), an oral agreement or one formed by conduct may still be enforceable. Whether an agreement is legally binding will depend on the intention of the parties, determined by an objective appraisal of their words and conduct. Each case will depend on its own facts. The principles applicable to determining whether there is a binding contract between the parties have been discussed in a number of cases. See, for example, the summary of Lord Clarke, giving

If the latter, then the employer can serve notice to terminate the contract for redundancy in the usual way. See Practice Notes: Contractual notice and Statutory minimum notice. If the fixed-term contract does not provide for notice to be given during the term, this will affect the employer’s potential liabilities if it wishes to terminate the contract before its expiry, as the employee will be entitled to compensation for salary and benefits that they would have received had they remained employed until the contract was due to expire. See Practice Note: Wrongful dismissal compensation. Where the person in the maternity cover role was a new hire, they are unlikely to have sufficient continuous employment to claim unfair dismissal (see Practice Notes: Entitlement to claim unfair dismissal and Qualifying period for unfair dismissal).

STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This content relates to the Procurement Act 2023 regime This practical guidance is about public procurement under the Procurement Act 2023 (PA 2023). For practical guidance on contract modification under the previous legislation, see Practice Note: Modification and termination of public contracts—pre-PA 2023. Modification of public contracts within scope of the Procurement Act 2023 This Practice Note provides guidance on the modification of public contracts within scope of PA 2023. A public contract or framework agreement may need to be modified during its term. PA 2023 limits when public contracts

This Practice Note concerns multi-contract arbitration, joinder and consolidation pursuant to the 2023 Arbitration Rules of the Stockholm Chamber of Commerce (SCC) Arbitration Institute (the 2023 SCC Rules). The 2023 SCC Rules apply to SCC arbitrations commenced on or after 1 January 2023, unless the parties agree otherwise. Introduction to multi-contract arbitration, joinder and consolidation The nature of today’s international business often involves chains of transactions and multiple contracts with multiple parties. This increases the likelihood of disputes involving multiple contracts and/or multiple parties. However, since arbitration is a consensual process which parties enter into by means of an arbitration agreement or an arbitration clause, procedural complications often arise in situations involving multiple contracts and/or multiple parties. There is therefore a need for arbitration rules to address such procedural complications. To meet this need, institutional rules need to provide solutions for the resolution of connected issues in a single arbitration, in order to save time and costs and to avoid conflicting decisions in parallel proceedings. The 2023 SCC Rules and the 2023 Expedited Rules

This Practice Note is a negotiation guide, looking at some of the most common issues that arise in relation to design in the drafting and negotiation of building contracts. It looks at provisions that are commonly proposed during the negotiation of a building contract, at the issues that provisions that the employer includes in the draft building contract can cause for the contractor and how the contractor will typically respond to them. It also considers how, in order to be able to agree the building contract, the parties might be able to resolve these design-related issues and, where possible, reach a compromise position that is acceptable to them both. This Practice Note does not focus on a particular form of building contract, the draft contract in which these issues could arise might be a standard form with schedule of amendments or a bespoke form of contract. For ease of reference, this Practice Note uses the expressions ‘Employer’s Requirements’ (ERs) to refer to the document(s) produced by the employer to set out its requirements in relation

Distance selling is covered in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). The Practice Note: Different types of cancellation rights—law firms provides guidance on what type of contracts come within the purview of the CCR 2013. Where there is one sales contract If there is one contract for both the purchase and installation of goods (ie a kitchen), and it is a sales contract under the meaning in regulation 5: ‘“sales contract” means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods

For the purposes of determining what constitutes the content of the contract between the parties, it is necessary to bear in mind that a contract can be made up of all or any of: • express terms • implied terms • imposed terms • incorporated terms (ie terms can be incorporated from other documents, such as separate collateral contracts) For further information, see Practice Note: Types of contractual term. For a post-termination restriction to be enforceable by the employer, it first has to be a contractual