National guidance and policy do not define ‘exceptional circumstances’ in this context. Whether exceptional circumstances have been demonstrated is a case specific judgment for the decision maker. The applicant has the burden of demonstrating exceptional circumstances and where a local planning authority is in doubt it would be appropriate to seek further clarification or explanation. Planning Practice Guidance (PPG) is clear that the presumption is such assessments will be publicly

The right not to be unfairly dismissed is available: • to employees • who have been dismissed, and • who, by the effective date of termination of their employment, have been continuously employed for a period of at least two years (for employees starting new employment on or after 6 April 2012) For further information, see Practice Note: Entitlement to claim unfair dismissal. When it comes to the two-year qualification period, an employer will need to bear in mind: • the effective date of termination of employment will depend on the circumstances of the dismissal • where

UK Visas and Immigration (UKVI) puts the onus on sponsors to ensure that the sponsorship system is not abused. This means that sponsors must fulfil certain duties throughout their time as a license holder and failure to comply with these duties can result in a license being revoked. One of these duties is to report a change in the size of the business holding the sponsor license. Home Office guidance: Workers and Temporary Workers: guidance for sponsors (C1.12) confirms that this change must be reported within ten working days but does not make clear at what point these ten working days begin. In the absence of clarification, this leaves sponsors and representatives trying to decide the most reasonable

A sufficient number of the shares, including preference shares for which application for admission has been made, must at admission to listing, be held by the 'public' in one or more European Economic Area state, ie a 'free-float'. LR 6.1.19 R (3) indicates that a sufficient number of shares will be taken to have been distributed to the public when 25% of the shares for which the application for admission has been made are in public hands. A share is deemed to be held in public hands unless it is held: • (a) directly or indirectly, by one or more of a director of the applicant or of any of its subsidiary undertakings (b) a person connected

An employee may claim a statutory redundancy payment without having been dismissed in one of two situations: • where the employee is ‘laid-off’ by the employer, ie when the employer temporarily shuts down its operation because it cannot find any or enough work for the employees • where an employee is put on short-time working—short-time working occurs where the employer requires the employee to do less than their full contractual hours and the employee receives less pay as a result The provisions set out in sections 147–154 of the Employment Rights Act 1996 (ERA 1996) govern the statutory scheme, whereby an eligible employee is able to claim a redundancy payment if they have been laid off or put on short

For information on the right to shared parental leave on birth generally, see Practice Note: Shared parental leave (birth). Under the Shared Parental Leave Regulations 2014 (SPL Regs 2014), SI 2014/3050, reg 39 the right to be offered a suitable alternative vacancy arises where ‘during a period in which the employee is taking shared parental leave’, it is not practicable by reason of redundancy for the employer to continue to employee them under their existing employment contract. Shared parental leave may be taken as one continuous period (or block), or in discontinuous periods (SPL Regs 2014, SI 2014/3050, reg 7(3)). The right under SPL Regs

Where there are two or more individual trustees of a pension scheme the basic rule is that the trustees must act jointly. This rule is a corollary of the rule that trustees cannot delegate their duties. This means, for example, that a trustee cannot appoint a co-trustee to perform their duties for them and act unanimously. However, this rule can be relaxed by the terms of the pension scheme’s trust deed and/or by statute. The power for trustees of a pension scheme to execute a deed or other documentation, including a share purchase agreement, comes from two sources: • the provisions of the pension scheme’s trust deed and rules—the trust deed will need to be checked to ascertain the power and capacity of the trustee and whether it allows a majority

As between a buyer and seller, the apportionment of rent, service charge, insurance rent and any other sums due (or payable) in relation to a property will depend on the terms of the contract. Contractual provisions If the contract incorporates the Standard Commercial Property Conditions, (Third Edition—2018 Revision) (SCPCs) without amendment, then apportionment in relation to income and outgoings is largely dealt with under Condition 9.3. In addition, Condition 9.4 provides that, at completion, the amount payable is the purchase price adjusted to take account of various matters (including any apportionments and any sums payable under Condition 8.2). Condition 8.2 deals with liability in relation to insurance premiums. Points to note in relation to Condition 9.3 include that: • Condition 9.3.5 deals with provisional and final apportionment of sums that are not known, or easily ascertainable • Condition 9.3.6 deals with apportionment

Any worker who is required or invited by their employer to attend a disciplinary or grievance hearing, and makes a reasonable request to be accompanied, has the right to be accompanied at that hearing. In relation to grievances, the right to be accompanied applies to grievance hearings which concern the performance of a duty by an employer in relation to a worker. Harvey (see Commentary: Right to be accompanied: when does it apply?: Harvey on Industrial Relations and Employment Law AII [377]) observes (about this definition) that it may be argued ‘that the employer’s duty of care, or the duty of trust and confidence, is wide enough for almost any grievance to be sufficiently

This Q&A assumes that the tenant's that served the acceptance notice constitute the 'requisite majority'. Following the service of an acceptance notice under section 6 of the Landlord and Tenant Act 1987 (LTA 1987), the landlord may not dispose of its interest during the ‘protected period’, except to a person duly nominated for the purposes of LTA 1987, s 6 by the requisite majority of qualifying tenants of the constituent flats (the ‘Nominated Person’). Pursuant to LTA 1987, s 6(5), a person is ‘duly nominated: ‘...if he is nominated at the same time as the acceptance notice is served or at any time after that notice is served and before

The jurisdiction to bring claims in the employment tribunal derives from statute (eg the unfair dismissal jurisdiction derives from the Employment Rights Act 1996 (ERA 1996)). Time limits for presenting such claims are also to be found in the relevant statute (eg the three-month time limit for bringing an unfair dismissal claim is set out in ERA 1996, s 111). Failure to bring a claim within the relevant time limit puts the claim outside the jurisdiction of the tribunal and the tribunal cannot hear it unless it decides that time should be extended according to the relevant principles applying to that sort of claim. Most time limits are three months from the date of the relevant event, such as the date of dismissal in an unfair dismissal case or the date of an act of discrimination in a prohibited

The Practice Note: Limitation—tort claims addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods for actions founded on tort, contribution claims, the discretionary exclusion of the time limit for actions in respect of personal injuries or death, concurrent duties between contract and tort, the date of accrual, continuing wrongs, latent damage and contingent damage. A tort consists of 'a breach of duty which gives a private law right to the party injured to recover compensatory damages at common law from the party causing the injury'. In the case of torts which require proof of damage, of which