Under section 123 of the Employment Rights Act 1996, the compensatory award for unfair dismissal is such amount as the tribunal considers just and equitable in all the circumstances having regard to the loss sustained by the employee as a result of dismissal and in so far as that loss is attributable to actions of the employer. It is intended to compensate the employee rather than to punish the employer or give a gratuitous

In relation to contractual maternity pay, employers may agree contractual terms that are more generous than statutory entitlement for maternity pay. Contractual maternity schemes commonly require employees to pay back the difference between contractual (or enhanced) maternity pay and statutory maternity pay (SMP) unless they return to work for a minimum period after maternity leave. For further information, see: • Practice Note: Maternity pay, under the section on ‘Contractual maternity pay’ • Q&A: Is it lawful for an employer to operate an enhanced contractual maternity pay scheme under which an employee is obliged to return to work after maternity leave for a minimum period in order to retain the enhanced element of maternity pay she has received, failing

We would like to refer you to the following content which you may find useful in your research: Intermeddling • Practice Note: Intermeddling in an estate • Q&A: What resources do you have on intermeddling in a deceased’s estate? Executor neutrality • Q&A: What are an executor's duties as regards neutrality in the event of a dispute between beneficiaries? What are the executor's duties if he is also

Schedule 2 Part 1 of the Finance Act 2019 (FA 2019) contains the requirement for a taxpayer to deliver a return within 30 days of completion of a direct disposal of UK land on which a residential property gain accrues. FA 2019, Sch 2 Pt 2, para 20(1) provides

The sub-lessee’s difficulty is that there is privity of estate between the freeholder and the head lessee, and between the head lessee and the sub-lessee, but not between the freeholder and the sub-lessee. However, the sub-lease may contain a covenant by which the head lessee covenants with the sub-lessee that he (the head lessee), will enforce the freeholder’s repairing obligations under the head lease. In that case, the sub-lessee can call on the head lessee to perform his covenant and enforce the freeholder’s

A head lessee of a block of flats cannot acquire the right to manage (RTM) under Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002). The RTM Company (which is set up by the participating lessees) acquires the RTM. The current estate service charges will not be limited to just the common parts: When the RTM is acquired

Under section 1(4)(d)(i) of the Employment Rights Act 1996 (ERA 1996), the written statement of particulars of employment must include terms and conditions relating to holidays (including public holidays) and holiday pay. The particulars given must be sufficient to enable the worker's entitlement (including any accrued entitlement on termination of employment) to be precisely calculated. For further information see the section of Practice Note: Written statements of employment particulars entitled ‘What the written statement must cover’. If an employer needs to make changes to a part-year worker’s contract to reflect their revised

We have assumed that this is a standard-rated lease, ie a lease under which the rent attracts value added tax (VAT). This would normally be the case where the landlord has exercised the option to tax and the option has not been disapplied. If the break clause in a lease provides that the landlord will refund any rent paid in advance for the period after a break date, then it will be a matter for negotiation whether the refund will extend to the VAT element of that payment. The

Does an excluded business tenancy become a protected tenancy if they remain in occupation after the expiry of the lease? Section 38A of the Landlord Tenancy Act 1954 (LTA 1954) sets out the statutory procedure which must be followed by parties to a business tenancy prior to the grant of the lease if they wish to exclude the right to renew afforded to business tenancies under sections 24 to 28 of LTA 1954. The question therefore arises as to what happens when the tenant holds over after the expiry of the contractual lease, in particular whether the tenancy continues as a protected periodic lease (as a periodic yearly tenancy if it was a tenancy at a yearly rent) or as a tenant at

It is common for a lease to contain restrictions upon the extent to which the tenant can deal either with its interest or with the physical property which is demised. The landlord will of course be content to demise the premises in their existing state to the tenant. There may well be legitimate reasons, however, for not wanting their appearance to be altered so that although they meet the requirements of the present tenant, they will perhaps be less attractive to potential future occupants once the term has come to an end however, far into the future that might be. There will usually therefore be a covenant which prevents alterations without the consent in writing of the landlord

There is not a conclusive answer to the query: the outcome is likely to depend on a number of variables not covered in the information given. By section 213(5)–(6) of the Housing Act 2004 (HA 2004), a landlord must give certain specified information to a tenant who has paid a deposit. Subsection (5) sets out information that must be given ‘as may be prescribed’. Subsection (6) contains procedural requirements: '6) The information required by subsection (5) must be given to the tenant and any relevant person– (a) in the prescribed form or in a form substantially to the same effect, and (b) within the period of 30 days beginning with the date on which the deposit is received by the landlord.' The prescribed information in relation to a tenancy deposit is specified by

The answer depends on how soon the tenancy may be broken. If the tenancy may be broken within the first six months, then the landlord should not use a section 21 notice. They should use a section 8 notice, provided they can rely on one of the section 8 grounds for possession set out in Schedule 2 to the Housing Act 1988 (HA 1988) (not all of which can be used in the fixed term). But if the tenancy can only be broken after the first six months, then the landlord should use a section 21 notice. The landlord should also pay attention to the terms of the tenancy agreement that may impose requirements on what sort of notice the landlord should give to break the tenancy. There are two ways of obtaining a