The answer to this will depend on: • the type of absence, ie whether the absence is made up of one long period of absence, typically running into several months (or more than one long period, with any returns to work in between being brief), or is a series of short-term intermittent absences typically lasting a few days • what the contract of employment says (if anything) about termination rights for sickness absence—for an example see Precedent: Clauses—termination [Archived] (clause 2.2) • what the employer’s sickness policy (if it has one) says about sickness absence—for an example see Precedent: Policy—performance and capability • whether the employee is, or may be, disabled—see Practice Note: Disability There is no specific 'safe' date or formula which applies, as it will all depend on the circumstances of each individual case. Ultimately this is not as much about how long the absence is as it is about what steps the employer has taken to deal with the situation, that

For information on the data protection issues that arise when processing employee health information generally, see Practice Note: Employee health information—data protection issues. An employer may wish to process, ie collect, use and record, data concerning an individual’s health (health information) in a number of different circumstances. For further information, see Practice Note: Employee health information—data protection issues, in particular the section: Why the employer processes health information. Health information is special category data under Article 4(2) of Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR). For further information, see Practice Note: Employee health information—data protection issues, in particular the section: Complying with UK GDPR and DPA 2018c. Before processing health information relating to an employee, the employer will therefore need to consider whether that processing is lawful under the UK GDPR and the Data Protection Act 2018. This means (among other things) ensuring that: • the data protection principles set out in Article 5 of Assimilated Regulation (EU) 2016/679, UK GDPR are complied with • a

In answering this Q&A we have limited our research to cover the position under the Data Protection Act 1998 (DPA 1998) and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426 (PECR 2003) as amended. We have not commented on the position under the forthcoming General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, which will be directly applicable from 25 May 2018. The DPA 1998 provides certain rights to individuals in relation to how their personal data is used, including for direct marketing purposes. The PECR 2003 provides specific rules on sending direct marketing messages by electronic means. Generally, engaging in marketing activity requires the prior consent of the recipient, though this will depend on to whom the marketing is directed. The rules differ depending on whether the recipient is an individual 'communications subscriber' (eg a person using his

If personal representatives or another person who has delivered an inheritance tax (IHT) account discovers it was defective in any material respect, either because it contained incorrect valuations or information was omitted, they must deliver a corrective account or inventory as soon as possible, and in any case, within six months of discovering the error. While form C4 is the appropriate form to do so, in practice,

Challenges under paragraph 9, Schedule 9 of the Road Traffic Regulation Act 1984 Paragraph 35, Schedule 9 of the Road Traffic Regulation Act 1984 (RTRA 1984) sets out: 'If any person desires to question the validity of, or of any provision contained in, an order to which this Part of this Schedule applies, on the grounds— (a) that it is not within the relevant powers, or (b) that any of the relevant requirements has not been complied with in relation to the order, he may, within 6 weeks from the date on which the order is made, make an application for the purpose to the High Court or, in Scotland, to the Court of Session.' For examples of cases in which this type of application has been made to challenge an order, see Williams (A representative Claimant for 20 others comprising “The Sustainable Totnes Action Group”) v Devon County Council which sets

How long does a local authority have to keep records of payments made to care home providers? In some respects, the answer is that the local authority should adhere to its specific document retention policies which will be informed by the Data Protection Act 1998 (DPA 1998) and the Freedom of Information Act 2000 (FIA 2000). Further exploration of how these apply are outside the scope of this Q&A but the usual time period for retention is six to seven years. There is no special dispensation that applies to records of payments made to care providers that does not apply for example to records of any other payment the local authority makes. Having said that, local authorities document retention policies do not always appreciate the special category that certain types of data fall into, where their use may extend past just accountancy and be valuable

Contravening or failing to comply with an abatement notice without reasonable excuse is a summary only offence (section 80(4) of the Environmental Protection Act 1990 (EPA 1990)). Following conviction, a defendant is liable to an unlimited fine together with a further fine of an amount equal to one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which

Generally, the limitation period for bringing a claim for breach of contract is six years from the date of breach of a ‘simple contract’ (section 5 of the Limitation Act 1980 (LA 1980)). For a list of the number of years within which the principal types of claim

Serving the enforcement notice Section 172 of the Town and Country Planning Act 1990 (TCPA 1990) allows a local planning authority (LPA) to issue an enforcement notice on the owner and occupier of the land and any other party with a legal interest in the land. This notice must specify what action is required to remedy the problem (TCPA 1990, s 173(1)). TCPA 1990, s 172(3) provides that the service of the notice cannot take place: • more than twenty-eight days after its date of issue, and • less than twenty-eight days before the date specified in it as the date on which it is to take effect This is to allow for the statutory right of appeal,

Written in partnership with Elly Dennis (Associate, Hogan Lovells International LLP) and Maegen Morrison (Partner, Hogan Lovells International LLP). Most companies will start working towards a listing around 4–6 months in advance of the anticipated admission date. Sometimes, if there is a particular need for capital or because of market conditions, an IPO will need to be completed as quickly as possible—in as little as three months or less. That said, the longer the company has to prepare for an IPO, the better. A typical 4–6 month book-built IPO process for a Main Market or AIM listing is summarised below. Four to six months before admission The company will appoint a financial adviser and sponsor (for a premium listing), a nominated adviser or 'Nomad' (for an AIM listing) or Key Adviser (for a High Growth Segment listing) and hold an 'all-hands kick-off meeting'. The meeting should be attended by all members of the transaction team, including the company's management team, independent auditors, the underwriting banks and legal advisers for both the company

In relation to the first part of the question, it is not clear what kind of claim is envisaged. If the claim concerns a failure to inform and consult under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), a claim may be brought by an affected employee in relation to such failure, unless the failure relates to employee representatives, in which case the claim will usually have to be brought by the trade union or the elected employee representatives, depending on the circumstances. In the normal course, the claim must be brought before the end of three months beginning with the date on which the relevant transfer is completed. For further information, see Practice Note: TUPE—information and consultation—Failure to inform and consult. If the claim concerns a dismissal, the employee will only be able to bring a claim for unfair dismissal if they are eligible to do so, which includes having the requisite

There are two main immigration routes for a person to apply to remain in the UK on the basis of their long residence and private life. Both routes have suitability requirements based on the applicant’s conduct, which are not covered in this response. Long residence settlement The first is the long residence settlement route under Immigration Rules, Part 7. Under Immigration Rules, Part 7, para 276 a person can request settlement in the UK if they have accrued ten years continuous, lawful residence. The ten years residence can be through a combination of different immigration routes, but there are some exclusions for certain periods of leave on a short-term visa. If a person does not meet the life in the UK or