An employer has a general duty under the Health and Safety at Work etc Act 1974 (HSWA 1974) to ensure so far as is reasonably practicable, the health, safety and welfare at work of its employees. Failure to comply with these duties is a criminal offence. In addition, the Management of Health and Safety at Work Regulations 1999 (MSHW Regs 1999), SI 1999/3242 require an employer to assess and control risks to protect its employees. For further information: • on the employer’s health and safety duties generally, see: Health and safety—overview and Practice Note: Safety and the risk to safety under the Health and Safety at Work Act 1974 • on criminal offences under the HSWA 1974 and related legislation, see: Health and safety offences—overview • on carrying out a coronavirus risk assessment, see the section: Coronavirus risk assessment in Practice Note: Coronavirus (COVID-19)—managing

An employee is entitled to ordinary and additional maternity leave provided she satisfies certain conditions set out in the Maternity and Parental Leave etc Regulations 1999 (MAPLE 1999), SI 1999/3312. One of these is the requirement for the employee to give notice, set out in MAPLE 1999, SI 1999/3312, reg 4 and examined

This Q&A falls to be answered on two separate bases depending on whether or not the redundancy is considered—and subsequently found by an employment tribunal—to be genuine or simply a ruse by the employer to dismiss an employee who was due to go on maternity leave. If the redundancy of the pregnant employee is genuine and not related to the fact that the employee is pregnant and about to commence maternity leave, then, assuming that she receives appropriate notice pay in accordance with her contract and the dismissal takes effect before her maternity leave begins, she would have no further right to holiday pay that would have accrued during her maternity leave and and/or to payments for keeping in touch (KIT) days. Indeed, if the redundancy is genuine then the pregnant employee who was about to go on maternity

Whether or not the class rights in this scenario have been varied depends upon whether the correct procedure has been followed. Class rights may only be varied: • in accordance with any provisions in the company’s articles of association in relation to variation of the rights, or • where the company’s articles of association contain no such provisions, if the shareholders of that class

Section 385 of the Companies Act 2006 (CA 2006) is clear that ‘for the purposes of this [Part 15] a company is a quoted company in relation to a financial year if it is a quoted company immediately before the end of the accounting reference period by reference to which that financial year was determined’. So for example, if a company’s year ends on 31 December 2019, but it ceases to meet the definition of a quoted company on 6 December 2019, then it will not be regarded as quoted for the year ended 31 December 2019. If, however, it ceases to be regarded as quoted on 3 January 2020, then it is treated as quoted for the year ended 31 December 2019. For further details,

Although the statutory requirement for private limited companies to hold annual general meetings (AGMs) was repealed and Table A articles do not contain an express obligation to hold AGMs, it is possible that companies registered with Table A articles could be deemed to be required to hold them, unless and until they have amended their articles or adopted new ones. In addition, shareholders might have a legitimate expectation that AGMs will be held. Determining whether the private company in question is or may be required to hold an AGM will depend on the date of incorporation of the company, the version of Table A that applies and whether the company has made any bespoke amendments to its articles. Further details are set out below. Obligation for private limited companies to hold an AGM: Companies Act 1985 (CA 1985) The obligation for

This Q&A specifically considers private limited companies, as it is not possible for a public limited company to reduce the period of 21 days’ notice for an annual general meeting (AGM) in its articles of association (section 307 of the Companies Act 2006 (CA 2006)). If the articles of the private company require that 21 days’ notice is required for an AGM (effectively lengthening the required period of 14 days’ notice for a private company’s AGM, CA 2006, s 307), and the shareholders have not passed

A legal charge that has been registered against a title at HM Land Registry must be discharged by the use of form DS1 (Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 114). By LRR 2003, SI 2003/1417, r 115, such discharge may be delivered in electronic form (though electronic discharges must be sent via secure virtual private networks, restricting their use to professional lenders). HM Land Registry will not accept the forms by fax. Form DS1 should be accompanied by form AP1 or form DS2, which is the application to register a discharge in form DS1. A proof of identity form (ID1 or ID2) may also be required,

An unlimited company is a company which does not have any limit on the liability of its members (section 3(4) of the Companies Act 2006 (CA 2006)). It does not have to have a share capital, but it may do so (CA 2006, s 102(3)(b)). The procedure for registering a private limited company as an unlimited company is set out in CA 2006, ss 102–104. The assent of all members of the company to re-registration as an unlimited company is required under CA 2006, s 102(1)(a). CA 2006, s 103 sets out how to apply for re-registration and the documents that must accompany the application. CA 2006, s 102(3)(b) makes it clear that an unlimited company may have a share capital. The application to re-register from limited to

Practice Note: Claims involving a child—the court approval hearing outlines the procedure in this situation. It highlights the point that any settlement arising from a claim against a child is not binding until the court has approved it. The reasons for this are as follows: • the court needs to be satisfied that the compromise is fair: it protects children from any mistakes by their legal advisors or from pressure

Registered design rights A registered design right can protect the appearance of the whole or part of a product. To attract protection a design needs to: • be new, and • have individual character The designer has a twelve-month grace period from self-disclosure of the design in which to file an application for registration. As this product has already been sold for four years the designer cannot benefit from the twelve-month grace period. See Practice Notes: UK registered and unregistered designs and EU designs for more information. Unregistered community design right Unregistered community design rights (effective throughout the EU) and UK unregistered design rights both arise automatically in respect of qualifying designs without the need for registration or any other specific action on the part of the owner. Unregistered community design rights lasts for three years from when the design is first

If a grant has been obtained, then the executor is primarily liable for the debts of the deceased due from the estate up to the date of the grant (at the earliest), payable from the assets in their hands or available to them. Thereafter, they remain liable for the debts of the deceased but only become personally liable for debts that have been created in their own name, although, of course, they may be entitled to recompense from the estate assets. See Practice Notes: Administration actions—personal representatives and the deceased's liabilities and Administration actions—personal representatives' post-grant liability. If no grant has been taken out, much would depend on whether the ‘executor’ has intermeddled in the estate.