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PRECEDENTS
1 Terms of settlement The parties agree as follows: 1.1 This Settlement Agreement is in full and final settlement of the Dispute[ and any causes of action whatsoever which the parties have against each other arising out of or in relation to the Contract]. Each party [and their associated companies, officers, directors, agents or affiliates] release[s] and forever hold[s] harmless the other party from all causes of action, claims, proceedings, set offs, demands, costs and expenses whatsoever in relation to or arising out of the
PRECEDENTS
Key information Information Details Name of firm [Insert firm name] Name of role holder [Insert name] Reports to [Head of Human Resources (HR) or HR manager or Head of Professional Standards and Training] Role type [Insert, eg full-time/part-time/contractor][If a contractor role, length of contract] Primary location [Insert the primary location for this role—if there is a requirement for the role holder to regularly spend time in multiple locations, eg in each regional office, it is worth making sure this is made clear] Remote/hybrid/office-based? [Insert type of work model] Date role commenced [Insert date] Length
PRECEDENTS
[Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed as [a building engineer] by the Respondent construction company. On [insert date], [insert name of company], a subsidiary of the Respondent in [specify country], was awarded a contract to build [a multi-storey block of flats] in [specify place], and the Claimant was seconded to work on the project for six months. When the Claimant arrived there, he discovered that, although the block was to be built directly over a fault line in a region prone to earthquakes, the plans and specifications did not provide for reinforcement materials to be used
PRECEDENTS
1 Introduction 1.1 The purpose of this policy is to explain the statutory rights relating to Sunday [shop OR betting] work. The policy's contents satisfy the Company's obligations under the Employment Rights Act 1996, s 42. 1.2 [If you were already employed by the Company as a [shop worker on 25 August 1994 OR betting worker on 2 January 1995], different rules will apply to you. Please contact [the HR department] for further information about your rights.] 2 Statutory rights 2.1 [You have become employed as a shop worker and are, or can be, required under your contract of employment to do Sunday work. OR
Q&As
We have assumed that the former tenant is either the original tenant or gave the landlord a direct covenant to comply with the lease terms for the remainder of the term. Where a former tenant under an ‘old’ lease (for the purpose of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)) remains liable for lease covenants, and the claim against the current tenant is compromised, the effect is likely to depend on the precise terms of the compromise. A former tenant remains liable by privity of contract (they are not a guarantor of the current
Q&As
The nature of pay and wages The essence of employment is pay in return for work; there is a duty to pay wages whenever an employee is ready, willing and able to work. Generally, it does not matter whether there is any work for them to do. As Lord Templeman put it in Miles v Wakefield MDC: 'In a contract of employment wages and work go together. The employer pays for work and the worker works for his wages. If the employer declines to pay, the worker need not work. If the worker declines to work, the employer need not pay. In an action by
Q&As
In a construction context, it is usual for the parties to create provisions in order that they can assign the benefit of various underlying contracts to a third party in the future. For example, as may be the case in this scenario, an employer may wish to assign the benefit of its building contract with the contractor to the purchaser of the completed development. This can be undertaken by way of a deed of assignment. It is helpful to go back to first principles in this instance. In particular, an assignment is the transfer of an existing right or interest in
Q&As
Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for statutory security of tenure for most business tenancies. As a result, a tenancy does not expire by effluxion of time but continues and either the landlord or the tenant can apply to the court for the grant of a new tenancy. The landlord can terminate the tenancy only through following the procedure as set out in the Act. By LTA 1954, s 38, parties cannot contract out of its provisions, save as permitted by LTA 1954, s 38A or the remainder of LTA 1954, s 38. LTA 1954, s
Q&As
The legal consequences of withdrawing an offer of employment will generally depend on the specific circumstances of the offer and the reasons for withdrawing it. Of immediate relevance is likely to be whether, in consequence of the offer being made, a contract of employment has been formed. One would need to consider: • whether the offer has been accepted (in this case, as the employee has already taken up their role, it is assumed that the offer has been accepted) • the conditions attached to the offer In the normal course, once an offer of employment has been accepted and any applicable conditions have been
Q&As
The chargeable gains basis of taxation applies in certain cases where a company holds a creditor loan relationship with an embedded derivative. Where it applies, the general rule that derivative contracts profits and losses are taxed as income is displaced and they are instead brought into account as chargeable gains or allowable losses in accordance with the derivative contract regime’s own specialist chargeable gains provisions in Chapters 7–8 of Part 7 of Corporation Tax Act 2009. One specific case where the chargeable gains basis can apply is (subject to certain exclusions) where: • a company which holds a creditor relationship is required, in accordance with UK GAAP, to bifurcate an embedded derivative
Q&As
In relation to reinstatement, generally, where an employee is reinstated the effect usually is that the employee is treated as if they had never been dismissed, with all the terms of their employment contract restored to them, and continuity of employment preserved. For information on reinstatement following a successful unfair dismissal claim generally, see Practice Note: Reinstatement. Assuming that the reinstatement here occurred following a successful internal appeal, there is in principle nothing to stop an employer from reinstating a postponed disciplinary process in appropriate circumstances. The employer might, however, want to consider the nature of the charges or allegations against the employee and whether there is
PRECEDENTS
Key information Information Details Name of firm [Insert firm name] Name of role holder [Insert name] Reports to [Head of Human Resources (HR) or HR manager or Head of Professional Standards and Training] Role type [Insert, eg full-time/part-time/contractor][If a contractor role, length of contract] Primary location [Insert the primary location for this role—if there is a requirement for the role holder to regularly spend time in multiple locations, eg in each regional office, it is worth making sure this is made clear] Remote/hybrid/office-based? [Insert type of work model] Date role commenced [Insert