During a period of garden leave, an employee remains employed by the employer and, therefore, subject to the (express and implied) terms and conditions of their employment contract. For further information, see Practice Note: Garden leave and the right to work. Accordingly, an employee can be required to attend a disciplinary hearing during a period of garden leave to answer allegations of misconduct that have subsequently come to light. As to whether a disciplinary hearing can be convened during the garden leave period in an employee’s absence, as with most aspects of the disciplinary process,

For information: • on military reservists generally, see Practice Note: Military reservists • on the right to paid holiday, see Practice Notes: Holiday and Holiday pay In the absence of agreement to the contrary, the reservist employee’s contract of employment will terminate during the employee’s service in the reserve forces, and the weeks during their whole-time service will not count towards their period of continuous employment. Provided that the reservist employee duly applies for re-instatement and returns to work no later than the end of the six-month period after the

The response below assumes that the employee has submitted a flexible working request in accordance with the requirements of section 80F of the Employment Rights Act 1996 (ERA 1996), and Flexible Working Regulations 2014, SI 2014/1398, reg 4, and that she satisfies the eligibility criteria for being entitled to make the request. For comprehensive guidance on flexible working, generally, see Practice Note: Flexible working. See also the main section of that Practice Note dealing with Who is eligible to make a statutory request. The employer’s duties in relation to a flexible working request under ERA 1996, s 80F are listed in ERA 1996, s 80G. These are: • to deal with the application in a reasonable

Disability discrimination and reasonable adjustments If the employee’s depression and anxiety is serious and long term, it may amount to a disability for the purposes of the Equality Act 2010 (EqA 2010). For further information about the definition of disability, see Practice Note: Disability. If the employee is, or might be, disabled, the employer will have to consider the duty to make reasonable adjustments. For commentary on the nature of the duty and how it applies, see Practice Note: Duty to make reasonable adjustments. When it comes to what adjustments would be required in order to discharge the duty, the duty is 'to take such steps as it is reasonable to have to take' to avoid the disadvantage. Medical evidence should assist an employer in assessing what

Where there is a business transfer or service provision change amounting to a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, (TUPE 2006), SI 2006/246, the transferor and the transferee have certain obligations to inform and consult. For further information generally, see Practice Note: TUPE—information and consultation. The obligations to inform and consult apply to any employer with employees who may be ‘affected’ by the transfer or ‘measures’ connected with it. This will always include

Paragraphs 46-47 of Appendix A to the Immigration Rules (Rules) set out the requirements to the investment of funds into the relevant business or businesses and the evidence which is required to demonstrate this. At Immigration Rules, Appendix A, paras 46–SD the rules state: ‘46. Documentary evidence must be provided in all cases. The specified documents in paragraph 46-SD must be provided as evidence of any investment … that took place when the applicant had leave as a Tier 1 (Entrepreneur) Migrant… . 46-SD. The specified documents in paragraph… 46 are as follows: (a) The applicant must provide all the appropriate specified documents needed to establish the amount of money he has invested from the following list: … (ii) If the applicant’s business is not required to produce audited accounts, unaudited accounts and an accounts compilation

An easement is extinguished where the freeholds of both the dominant and servient land come into the ownership of the same person. The relevant legal concept is ‘unity of seisin’, which provides that both pieces of land must be owned by the same person, in the same capacity (eg not as freeholder of one, tenant of the other, or freeholder of one, trustee

The duty of an administrator or executor is, in summary, to collect in all of the assets of the deceased, settle the liabilities, pay specific legacies and then deal with the residuary estate in the manner directed by the Will or in the absence of a Will, as required by the intestacy rules. However, where the estate is insolvent, meaning that its liabilities exceed its assets, there will be no residuary estate and specific pecuniary legacies will not be able to be made. In such circumstances, the Will does not apply, and the estate must be administered in accordance with the provisions of the Administration of Insolvent Estates of Deceased Persons Order 1986 (the 1986 Order) and section 421 of the Insolvency

Overage Overage is a seller’s right to recover additional payment(s) from a buyer at some point in the future, usually after completion of a sale. Often this right is triggered by the occurrence of an event which increases the value of the land (eg the grant of planning or completion of development). These contractual obligations are often contained in a separate deed. Overage is essentially a contractual obligation or positive covenant to make a further payment and therefore issues arise concerning: • binding the buyer's successors in title • protecting the seller in the event that the buyer fails to comply with its obligations In most cases the seller will employ some sort of mechanism to protect its entitlement to overage, for example a legal charge or a restrictive covenant. See: Overage—overview. Exchanging contracts There

Captive insurance usually involves a company or group of companies (where they are commonly owned) effectively setting up an in-house insurer. The captive is created to insure the risks of the individual owners and/or the company or (in the case of a group) the controlling entity and/or its affiliates. It is basically an alternative to self-insurance, which usually involves a significant proportion of the risk subsequently

A caravan site with the certified approval of an exempted organisation under paragraph 5 of Schedule 1 to the Caravan Sites and Control of Development Act 1960 (CSCDA 1960) may acquire a permitted development right under the Town and Country Planning (General Permitted Development) Order 1995 (GPDO 1995), SI 1995/418, Sch 2, Pt 5, Class A for the use of land as a caravan site in cases where a site licence is not required. CSCDA 1960, s 1 prohibits the use of land as a caravan site without a site licence subject to certain exemptions which are set

The Charging Orders Act 1979 does not explicitly refer to an entitlement to interest on judgment debts. By your reference to £1,000 and £5,000, we assume that you are referring to the County Courts (Interest on Judgment Debts) Order 1991, SI 1991/1184 (the Order) which provides that, subject to the provisions