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Q&As
The variety of conceivable contracts made by schools for school trips, in addition to the range of such trips, means that it is not possible to give a specific answer to this question. School trips include relatively simple arrangements for a trip to a local museum, day trips on a hired coach to a castle 100km away and more complex contracts associated with a week-long ski trip to a resort abroad. The contractual arrangements involved in these trips will be different depending on the nature of the trip. As a general matter, where a legal person contracts with a supplier of goods or services, it is not acting as a consumer. The definition of ‘consumer’ in section 2 of the Consumer Rights Act 2015 is ‘an individual acting for purposes that
Q&As
For information on quarantine measures for individuals travelling to England during the coronavirus (COVID-19) pandemic, see Practice Note: Coronavirus (COVID-19)—sickness and other absence [Archived], in particular section: Quarantine measures for those travelling to England. How employers choose to deal with an employee whose holiday plans would require them to quarantine, or self-isolate, on their return may depend on: • whether the employee will be able to work from home during their quarantine period • the nature of the holiday entitlement in question, ie whether it is the employee's statutory entitlement under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 or contractual In relation to statutory basic and additional holiday entitlement, the timing of leave is regulated by WTR 1998, SI 1998/1833, reg 15. However, these rather prescriptive provisions are subject to variation or exclusion by the employment contract or another relevant agreement.
Q&As
Restrictions against the issuing of winding-up petitions were introduced by the Corporate Insolvency and Governance Act 2020 (CIGA 2020) as a result of the effect on the economy of the coronavirus pandemic and subsequent lockdown. The government introduced various ways in which businesses and their employees were protected to some extent from the effect of the pandemic including the furlough scheme and bounce back loans. Other restrictions changed aspects of insolvency legislation such as that regarding wrongful trading and winding-up petitions. CIGA 2020, Sch 10 as it was first
PRACTICE NOTES
This Practice Note has been archived and is no longer maintained. It provides details of the various versions of the HMRC guidance that have been published relating to the coronavirus (COVID-19) Self-Employment Income Support Scheme (SEISS) and provides tracked change version, showing updates between one version and the next, to enable practitioners easily to ascertain which version of the relevant guidance was live at any given date. For a guidance tracker: • providing details of the various versions of the HMRC guidance on the Coronavirus Job Retention Scheme (CJRS), see Practice Note: Coronavirus Job Retention Scheme—guidance tracker [Archived] • providing details of the various versions of general guidance on coronavirus (COVID-19), see Practice Notes: ◦ Coronavirus (COVID-19)—guidance tracker for employment (BEIS working safely guidance to 1 April 2022) [Archived] ◦ Coronavirus (COVID-19)—guidance tracker for employment (BEIS working safely guidance to 18 July 2021) [Archived] ◦ Coronavirus (COVID-19)—guidance tracker for employment (non-BEIS guidance) [Archived] ◦ Coronavirus (COVID-19)—guidance tracker for employment (international travel guidance) [Archived] ◦ Coronavirus (COVID-19)—guidance tracker for employment (withdrawn guidance) [Archived] Separate
Q&As
Section 31 of the Local Government Act 2003 (LGA 2003) is a well-established statutory means by which central government may disburse funds to local authorities for them to provide grants for a specified purpose while retaining control of: • the recipients • the quantum of the grants, and • the terms and conditions upon which the grants can be provided LGA 2003, s 31(1) provides that ‘A Minister of the Crown may pay a grant to a local authority in England towards expenditure incurred or to be incurred by it’. A minister of the Crown is defined for these purposes as the holder of
PRECEDENTS
UPDATE: The CJRS ended on 30 September 2021. This Precedent has been archived and is no longer maintained. For further information on the extended CJRS, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [Archived]. [ To be typed on headed notepaper of employer ] [Date] Dear [insert name of employee], Re: [insert name of employer] (the Company) I refer to our discussions on [date], when I explained that [the significant downturn in our business due to the coronavirus (COVID-19) pandemic continues OR the Company continues to be unable to operate normally due to the restrictions which the government has implemented in relation to the coronavirus (COVID-19) pandemic].[ Set out details of the effect this is having on the organisation, eg whether they are operating at all, or on a much-reduced basis etc.] 1 As I explained during our discussions, having reviewed its position, the Company has concluded that, in order to maintain our workforce and keep the business running for the immediate
Q&As
Subject to the statutory limitations on a landlord's right to forfeit, the landlord may physically re-enter the property and bring the lease to an end without the need for court proceedings. Physical re-entry is effected by the landlord manifesting their intention to forfeit the lease, usually by changing the locks. If the lease consists of open land, the intention can be manifested by affixing chains across entrances and attaching notices of forfeiture. There are statutory restrictions in respect of peaceable re-entry which must be considered: • under section 6 of the Criminal Law Act 1977 (CLA 1977) it is a criminal offence to threaten or use force to gain entry when someone is physically at the premises and opposes re-entry. Peaceable re-entry of commercial premises is best achieved out of normal
Q&As
The coronavirus (COVID-19) pandemic has led to a significant number of issues arising out of emergency legislation and the need to ensure that health is maintained in respect of other rights. Many issues that the pandemic has generated have not been foreseen and therefore do not appear in standard contracts nor in legislation. It is now common for persons who are in control of premises to impose conditions on visitors to those premises, such as to have a negative lateral flow test (LFT). Where that person is able to access those premises only with the consent of the landlord, it is entirely permissible for access to be subject to conditions, and thus, for example, a pub landlord
Q&As
An action under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should generally be commenced before the expiration of six months from the date of a grant to the estate. An application after that date can only be made with the permission of the court. See I(PFD)A 1975, s 4: ‘An application for an order under section 2 of this Act shall not, except with the permission of the court, be made after the end of the period of six months from the date on which representation with respect to the estate of the deceased is first taken out [(but nothing prevents the making of an application before such representation is first taken out)].’ The
Q&As
The right under section 8(1) of the Employment Rights Act 1996 (ERA 1996), is for the worker (or, in relation to wages or salary paid in respect of a period of work beginning before 6 April 2019, the employee) to be given a written itemised pay statement at or before the time any wages or salary are paid to them. See Practice Note: Pay statements and records and section titled: Itemised pay statements. For information on the remaining uncertainty about whether providing online payslips complies with ERA 1006, s 8(1), see Practice Note: Pay statements and records
Q&As
Schools and the coronavirus In accordance with its powers under section 37 and Part 1 of Schedule 16 to the Coronavirus Act 2020 (CA 2020), the government announced that schools would be closed from 20 March 2020 to all pupils except for those of key workers and vulnerable children. Under CA 2020, s 38 and CA 2020, Sch 17, Pt 1, the government has powers to ‘give directions regarding the continuing provision of education, training and childcare’ and has issued various guidance papers on the topic. See Education and childcare during coronavirus. On 28 May 2020 the government announced that nursery, reception, Year 1 and Year 6 pupils could attend nursery or primary schools. From 15 June 2020 secondary schools can invite Year 10 and Year
Q&As
By section 146 of the Law of Property Act 1925 (LPA 1925), a right of forfeiture under a lease is not enforceable unless the landlord first serves notice (usually called a 'section 146 notice') on the tenant. There are requirements for the content of the notice. See Practice Note: Forfeiture of a lease. By LPA 1925, s 146(11), the requirement for notice does not apply to 're-entry or forfeiture or relief in case of non-payment of rent'. The issue raised by this question is whether failure to 'top up' a security deposit pursuant to a covenant to do so following a withdrawal by the landlord