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PRACTICE NOTES
This ‘How to’ guide describes the ways in which a claimant in Scotland can enforce an unpaid financial or monetary award (ie unpaid compensation award) made by an employment tribunal or the EAT, including costs orders, and an Acas conciliated (COT3) settlements. It also covers enforcement via the Sheriff Court and protective measures. For information on employment tribunal practice and procedure in Scotland generally, see Practice Note: Scottish employment tribunal practice and procedure. For information on enforcing employment tribunal awards and Acas COT3 settlements in England and Wales, see: How to enforce an employment tribunal award or COT3 settlement and Practice Note: Enforcement of employment tribunal awards and Acas COT3 settlements. Employment tribunal financial awards Under the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155, where a judgment or order requires a party to pay an amount of money, the money must normally be paid within 14 days of the date on which the judgment or order takes effect, unless: • the judgment or
PRACTICE NOTES
This is a ‘How to’ guide, or task-based toolkit, on how an employee can enforce their right to sick pay, which signposts relevant materials, ie Practice Notes, Precedents and Checklists. It considers claims and remedies in respect of statutory sick pay (SSP) and contractual sick pay (or occupational sick pay). For information on how to determine whether a worker is entitled to sick pay, see Practice Note: How to determine if a worker is entitled to sick pay. For detailed information on the right to sick pay, see Practice Note: Sick pay. The first question to consider is whether the employee’s complaint relates to SSP or contractual sick pay, or both. Failure to pay statutory sick pay (SSP) If an
PRACTICE NOTES
IP rights need to be defended and protected to retain their value. This Practice Note looks at how to enforce your IP rights. It explains the importance of and approaches to preventing, monitoring and collecting evidence of IP infringement before discussing ways to deal with an infringement of your IP rights. For information about the protection of IP, see Practice Note: How to protect your IP. For more detailed information about IP disputes, see Practice Note: How to run an IP dispute. What is IP infringement? When IP rights are infringed, this is often simply referred to as IP infringement. IP infringement occurs when products, creations, or inventions which are protected by IP rights are exploited, copied or otherwise used without the permission or consent of the owner of those IP rights. The infringement of an IP right is usually a civil matter but in certain cases it may also constitute a criminal offence. Criminal IP offences typically relate to dealings with fake branded (ie counterfeit) or pirated products. For more information, see Practice Notes: Trade
CHECKLISTS
How to use this Checklist This Checklist sets out the points to be considered when enforcing your IP rights in the UK. It gives practical guidance on preventing and monitoring infringement, gathering evidence, assessing enforcement options, and pursuing claims or settlement. It is intended to be used alongside Practice Note: How to enforce your IP rights. For more detailed information about conducting an IP dispute, see Practice Notes: How to run an IP dispute, Trade mark and passing off disputes—a practical guide and Design disputes—a practical guide. Checklist for enforcing IP rights The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Preventing infringement ☐ Maintain control over your IP rights The risk of infringement can be reduced by ensuring you maintain control over your IP rights, including through:—registration, where appropriate—licensing arrangements with third parties—notices/terms and conditions on websites, including prohibition on scraping and use of AI—confidentiality agreements ☐ Monitor the market for infringement Continuously and effectively
PRACTICE NOTES
The appraisal and one-to-one (121) system is a vital tool for law firms that are aiming to enhance performance, align individual and organisational goals, and foster a culture of development. When used effectively, appraisals and 121s improve employee engagement and retention and also contribute to the firm’s overall success by aligning staff objectives with business strategies and boosting client service levels. This Practice Note offers practical tips and guidance for using the appraisal and 121 system effectively and explains the business benefits firms can reap from adopting a structured approach. What does a good appraisal and 121 system look like? The appraisal system involves regular, structured meetings between employees and their managers. These sessions are designed to review performance, set goals, provide feedback and discuss career development. They can also be tailored to address the unique demands of legal practice, including billable hours, client satisfaction and how to build on professional strengths. Formal meetings should take place annually but need to be supported
PRACTICE NOTES
An owner of commercial premises may wish to allow a tenant or licensee into occupation of premises on a short-term or temporary basis. This may be because: • the owner wants to maximise income from the property while a longer term solution is put in place; for example, while planning permission is obtained for redevelopment of the property • the parties are negotiating a longer-term arrangement and the occupier wants to take up occupation while a lease is being negotiated and signed • the business model for the premises is based on short-term leases or licences, for example, traders in a market hall or office space in serviced offices • the business requires that one or more employees reside on the premises in order to better perform their duties This Practice Note looks at the practical steps and issues to consider when deciding on how best to document such arrangements. Considerations when deciding whether to use a lease or a licence Difference between leases and licences A licence is
PRACTICE NOTES
This is a practical step-by-step ‘how to’ guide for a UK company to set up a company share option plan (CSOP) and make its first CSOP qualifying option grants under it. 1. Confirm CSOP eligibility First, confirm that the company, the shares and each proposed option holder satisfy the CSOP statutory requirements, which appear under Schedule 4 to the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). The CSOP regime is prescriptive and the relevant requirements must be met when the options are granted. This includes checking that: • the company qualifies to operate a CSOP • the shares under option qualify for CSOP purposes, and • each proposed option holder qualifies to be granted a CSOP option 2. Agree the commercial terms of the initial option grants Decide the main terms of the CSOP options before documents are prepared, which should include: • who will receive options • how many shares will be under option • the exercise price • vesting or performance conditions
PRACTICE NOTES
On 22 September 2022, the government published The Economic Crime and Corporate Transparency Bill (the Bill). On 26 October 2023, the Bill received Royal Assent, becoming the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023). Among numerous other changes relating to a company’s filing obligations with Companies House, ECCTA 2023 contains provisions reforming a number of aspects of the regime relating to a limited partnership (LP) established in England. For more details generally of such changes, see Practice Note: Corporate transparency reform—changes to the limited partnerships regime. The changes to be made by ECCTA 2023 include, among other matters, provisions which amend the procedure for registering an LP with the Registrar of Companies in England (Registrar), ie provisions dealing with how you formally establish an LP in England. These amended provisions concern information that the proposed new LP must supply to the Registrar about itself and its partners in order to form/establish the new LP. It should be noted that, while ECCTA 2023 is now in place, certain of its provisions, including
PRACTICE NOTES
Why establish an Energy Service Company (ESCo)? Prior to establishing an ESCo, it is necessary to identify what purpose the ESCo will fulfil and whether such a special purpose vehicle is needed in the circumstances. For more information generally on what ESCOs are, why local authorities may be attracted to them and the difficulties that local authority ESCos have experienced, see Practice Note: ESCo’s: their role in local authority projects. For example, a local authority engaging in renewable energy generation, such as from solar PV, may not need a company to undertake this activity. It may often be better to simply build and operate the asset on the local authority’s own balance sheet. The same goes for a local authority selling its power from renewable sources via private wire agreements. But of the three elements in the energy paradigm (generation, distribution and supply), it is the latter that normally results in the strongest need for the establishment of a separate legal entity. Where a local authority is looking to supply heat, electricity
PRACTICE NOTES
On 22 September 2022, the government published The Economic Crime and Corporate Transparency Bill (the Bill). On 26 October 2023, the Bill received Royal Assent, becoming the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023). Among numerous other changes relating to a company’s filing obligations with Companies House, ECCTA 2023 contains provisions reforming a number of aspects of the regime relating to a limited partnership (LP) established in England. For more details generally of such changes, see Practice Note: Corporate transparency reform—changes to the limited partnerships regime. The changes to be made by ECCTA 2023 include, among other matters, provisions which amend the procedure for registering an LP which on formation is designated as a private fund limited partnership (PFLP) with the Registrar of Companies in England (Registrar), ie provisions dealing with how you formally establish a PFLP in England. These amended provisions concern information that the proposed new PFLP must supply to the Registrar about itself and its partners in order to form/establish the new PFLP. It should be noted that,
PRACTICE NOTES
This is a practical step-by-step ‘how to’ guide for a UK company to set up a save as you earn (SAYE) scheme and make its first SAYE qualifying option grants under it. 1. Confirm SAYE eligibility First, confirm that the company, the shares and each proposed participant satisfy the SAYE statutory requirements. The SAYE regime is prescriptive and the requirements must be met when the options are granted. Check that: • the company qualifies to operate an SAYE scheme • the shares qualify for SAYE purposes • each proposed participant is eligible, and • the company’s proposed arrangements can satisfy the general requirements which apply to SAYE schemes, including that the scheme must be offered to all employees on similar terms and must be operated in conjunction with an HMRC-certified savings arrangement 2. Agree the commercial terms of the SAYE launch Decide the main terms of the first operation of the SAYE scheme, including: • the savings period—three years, five years, or both • the
PRACTICE NOTES
1. Confirm SIP eligibility and suitability First, confirm that the company, the shares and each proposed participant satisfy the SIP statutory requirements. The SIP regime is prescriptive and the relevant requirements must be met when the awards are granted. Check that: • the company qualifies to operate a SIP • the shares qualify for SIP purposes • each proposed participant is eligible • the proposed award structure can satisfy the relevant SIP requirements, including that it must be operated for all eligible employees and on the same terms, with no preferential treatment for directors and higher-paid employees—in relation to the requirements applicable to the types of SIP awards which can be made, and • the SIP will operate through a qualifying SIP trust For a checklist of issues to be considered before implementing a SIP, see: SIP—checklist. 2. Agree the commercial terms of the SIP launch Decide the main terms of the SIP, including: • which types of SIP awards will be granted