Under health and safety law in the UK, self-employed persons have a duty to comply with the health and safety obligations where: • they employ staff to work for them, and/or • the work activity being undertaken is listed as a prescribed undertaking, or • the work activity being undertaken poses a risk to the health and safety of others In practical terms, this means that those self-employed who do not employ workers, do not perform a prescribed undertaking and whose work activities pose no potential for risk to others are exempt from the obligations imposed by health and safety law. When is someone classified as 'self-employed' under health and safety law? Health and Safety at Work etc Act 1974 (HSWA 1974) provides that a person is taken to be self-employed if they are someone who 'works for gain or reward otherwise than under a contract of employment, whether or not he himself employs others'. So anyone who works for themselves, not under a contract of employment, is deemed to be self-employed

See Practice Notes: • Holiday (document no longer available) • Remedies for breach of working time rights. See also Precedents: • Notice—from employer requiring worker to take holiday [Archived] • Notice—from employer to worker refusing holiday This answer sets out the position under the Working Time Regulations 1998 (WTR 1998). Contractual holiday entitlement may be more generous—see Practice Note: Holiday—Contractual holiday entitlement (document no longer available). Is there a ‘relevant agreement’? First look at the contract of employment if there is one (or other written agreement, such as a workforce agreement) to see if it sets out the terms about taking holiday. For example see Precedents: • Employment contract basic version (clauses 7.7 and 7.8) • Service agreement (clauses 15.1 and 15.2) If there is a relevant agreement, the notice rules set out in the WTR 1998, below, can be varied or excluded. See Practice Note: Holiday—When statutory holiday may be taken and the notice requirements (document no longer available)—variation of notice provisions by relevant agreement. Holiday

This Practice Note considers termination by the Contractor under the FIDIC Red, Yellow and Silver Books 1999, the Gold Book 2008 and the Pink Book 2010. It does not address the right to terminate at law. Further, the governing law of the Contract may affect the operation of some of the clauses. In relation to the 2017 editions of the Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017—termination by the Contractor. Who can terminate? Both the Employer and the Contractor may terminate the Contract. Clause 15 sets out the procedure for Employer termination and Clause 16 sets out the procedure for Contractor termination. Termination is also addressed in Sub-Clauses 9.4, 11.4 and 19.6, and in Sub-Clause 10.7 of the FIDIC Gold Book. For more information about termination by the Employer, see Practice Note: FIDIC contracts (pre-2017 editions)—termination by the Employer. The Contractor may terminate for cause or as a result of Force Majeure. It may not terminate for convenience. Termination by the Contractor

What is a grazing agreement? A grazing agreement is an agreement under which a landowner allows a grazier to use the landowner’s land to graze animals belonging to or under the stewardship of the grazier. Such an agreement will often be granted for the summer season (April to October), but can be granted for any period and at any time of year. According to the circumstances (as discussed below) such an agreement may give rise to a licence or a tenancy. Status of grazing agreements under the Agricultural Holdings Act 1986 The Agricultural Holdings Act 1986 (AHA 1986) gives security of tenure and other valuable rights to any person who holds a ‘contract of tenancy’ in relation to ’agricultural land’. ‘Agricultural land’ means land used for ‘agriculture’, and the definition of ‘agriculture’ includes ‘grazing’ (see AHA 1986, ss 1, 96(1)). A ‘contract of tenancy’ means a ‘letting of land, or agreement for letting land for a term of years or from year to year...’. On the face of it, therefore, a short-term letting of land, or the grant of a

Contents This Agreement is made on [date] Parties 1 [Insert name of Employer] (Company Registration No. [insert number]) whose registered office is at [insert address of Employer] (the ‘Employer’, which term shall include all permitted assignees or other transferees under this Agreement); and 2 [Insert name of Consultant] (Company Registration No. [insert number]) whose registered office is at [insert address of Consultant] (the ‘Consultant’). Background WHEREAS (A) The Employer has entered into or proposes to enter into a contract with [insert name of Contractor] of [insert address of Contractor] (the ‘Contractor’) for the design and construction of [insert brief description of the project] at [insert location of site] (the ‘Building Contract’). (B) The Employer wishes to appoint the Consultant to perform for the Employer the services as described in Schedule 2 to this Agreement (the ‘Services’) under the terms and conditions of this Agreement. Now it is hereby agreed as follows 1 Definitions and interpretation 1.1 In this Agreement the following expressions shall have the following meanings unless the context requires otherwise: Additional Fee • means the additional fees (if any) payable by the Employer to the Consultant pursuant to clause 15 for performing any Additional

[Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent as a [insert job title, eg trainee accountant] from [insert date] until her dismissal on [insert date]. The Respondent is [insert details, eg an accountancy firm with multiple offices in the UK]. 2 [ [The Claimant’s contract of employment included a notice period of [insert details, eg three months] OR The Claimant did not receive a contract of employment or written statement of her employment particulars.].] [Insert any relevant background to set the scene and explain how the Respondent knew that the Claimant was pregnant. Sample text is provided at paragraphs 3–4 below.] 3 The Claimant had successfully completed the first two years of her training. Out of the ten London trainees she was third overall in their assessments to date. 4 On [insert] the Claimant informed [insert name], the Partner in charge of training, that she was pregnant and that her expected week of childbirth was the week commencing [insert date]. She also informed him that she planned to commence her maternity leave

This Practice Note answers frequently asked questions about service standards and service levels in business-to-business (B2B) services agreements. For further information on service standards and service levels, see: • Practice Note: Negotiation guide—services agreements • Practice Note: Implied terms in contracts for goods and services • Practice Note: Key terms and conditions in commercial contracts • Practice Note: Service levels in outsourcing • Practice Note: Outsourcing remedies—step-in rights, service credits, liquidated damages and termination • Services agreements negotiation checklist What service standard is implied by law? Where a contract for services is made in the course of a business, section 13 of the Supply of Goods and Services Act 1982 (SGSA 1982) implies a term that the supplier will carry out the service with reasonable care and skill. This implied term can be excluded or modified by express wording. Any exclusion or restriction of the reasonable care and skill standard is treated as an exclusion of liability for negligence under the Unfair Contract Terms Act 1977 (UCTA 1977)—to be enforceable, it would need to satisfy UCTA

For further information relating to this topic generally, see: • National minimum wage—Eligibility • Employment-related statutory rates and limits table • Minimum wage compliance checklist • Deductions from wages Some of the statutory exceptions to the right to be paid the national minimum wage are identified below. This answer focuses on the more common situations where this issue arises. Workers only Only ‘workers’ are entitled to be paid the national minimum wage—see our Practice Note: Worker status—Definition of 'worker'. Agency workers who would otherwise not fall within the definition of a ‘worker’ because they do not have a contract with either the person supplying them or with the person to whom they are supplied are also entitled to be paid the national minimum wage. Home workers who would not otherwise be ‘workers’ due to a lack of personal obligation in the contract to do the work themselves, are also entitled to be paid the national minimum wage. The genuinely self-employed are not entitled to be paid

Scope of this Practice Note This Practice Note provides guidance on an insurance portfolio transfer pursuant to: • section 13 of the Assurance Companies Act 1909 (Ireland)(ACA 1909 (IRL)) • section 36 of the Insurance Act 1989 (Ireland) (IA 1989 (IRL)) • SI No 485/2015 European Union (Insurance and Reinsurance) Regulations 2015 (Ireland), reg 41 (the Solvency II Regulations (IRL)) It examines what transactions qualify as insurance portfolio transfers and the roles of the Central Bank of Ireland (CBI) and the High Court in the regulation and approval of insurance portfolio transfers. Insurance portfolio transfers Consistent with the common law of contract, an insurer is not able to transfer the burden of its obligations under a contract of insurance without the consent of the policyholder. A novation agreement between the original insurer, the policyholder and the substitute insurer is, as a general rule, necessary to ensure the effective transfer of an insurer's obligations pursuant to an insurance policy. As an exception to this rule, an insurance portfolio transfer

This Checklist sets out the key issues to consider when drafting or reviewing a collateral warranty. For an introduction to collateral warranties generally, see Practice Note: What are collateral warranties? In the UK construction industry, the grant of third party rights, is an essential part of the project documentation that needs to be put in place for construction projects. Such rights are often granted through the use of collateral warranties. Although many in the industry clung to the traditional collateral warranty route, the alternative route of granting rights under the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999) has slowly become more popular. For more information on the granting of third party rights under C(RTP)A 1999, see Practice Note: The Contracts (Rights of Third Parties) Act 1999 in construction contracts. Requirement to provide warranties • Does the underlying building contract, consultant’s appointment or sub-contract (as appropriate) require the intended warrantor to provide the warranty (see for example: Collateral warranties clauses)? If not, the intended warrantor is not obliged to give the warranty that is being requested but, if asked, may

[ On letterhead of the Investor ] Strictly private and confidential [insert Company name] [insert Company address] Date: [insert date] SUBJECT TO CONTRACT Dear Directors, Proposed investment of Loan Notes in [insert name and registered number of company] (Company) 1 Introduction 1.1 Further to our recent discussions, this letter sets out the principal terms and conditions upon and subject to which we have agreed to make an investment of loan notes to be issued by the Company (Proposed Investment). 1.2 The terms in this letter are not exhaustive and, with the exception of this paragraph 1.2 and paragraphs 5, 6, 7, 8 and 9, are subject to contract and not intended to be legally binding on the parties. No party to this letter shall be legally bound to proceed with the Proposed Investment unless and until a formal written loan note instrument is entered into. 2 Loan notes 2.1 The Company will issue to the Investor and the Investor will subscribe for £[insert amount] of loan notes (Loan Notes). The Loan Notes [will not be secured

This Precedent is an assignment of intellectual property rights that has been drafted to be generally neutral to each party. It contains alternative or optional wording that may favour the assignor or assignee. The document can be used to transfer specific identified intellectual property rights or a class of rights identified in respect of a defined work. This DEED is made on [insert date] Parties Check that the parties named in the contract are correct. If there is more than one company in a corporate group, take particular care to check that the company entering into the contract is the appropriate group entity. Parties 1 [insert name] [of OR a company incorporated under the laws of [Ireland] with company number [insert registered number] whose registered office is at] [insert address] (Assignor); and 2 [insert name] [of OR a company incorporated under the laws of [Ireland] with company number [insert registered number] whose registered office is at] [insert address] (Assignee) (each of the Assignor and the Assignee being a party and together the Assignor and the Assignee are the parties). Background This section (which