This Precedent is a pro-forma letter for an employer to send to an employee or director, placing that employee/director on garden leave under the terms of a garden leave clause in the employee’s contract of employment or service agreement. The letter reminds the employee of the relevant terms and restrictions set out in the contract of employment or service agreement. The letter may be sent after notice has been given by either the employer or by the employee: the relevant alternative wording in the first paragraph should be selected as appropriate. The letter also has the option of reminding the employee/director of the terms of any post-termination restrictions (restrictive covenants). An express gardening leave clause in a contract of employment or service agreement agreed with an employee can provide protection for an employer from damage caused by a valuable employee resigning. The employee can be required to remain at home and not enter the workplace during the notice period. Usually, the terms of the garden leave will provide that the employee

This Precedent is a sample letter, requesting an employee to attend a meeting to discuss a grievance raised by the employee. It takes into account the Code of Practice on Grievance and Disciplinary Procedures. Although there is no specific requirement to do so, the employer may wish to: • arrange a meeting in private where there will not be interruptions • consider arranging for someone who is not involved in the case to take a note of the meeting and to act as a witness to what was said • consider whether similar grievances have been raised before, how they have been resolved, and any follow-up action that has been necessary, and • consider arranging for an interpreter where the employee has difficulty speaking English [insert date] Dear [insert name of employee], Re: [insert name of employer] (Company) Thank you for your [letter] dated [insert date],

This Precedent is a sample resignation letter for a director resigning from a private company limited by shares, registered in Ireland. The constitution of the relevant company or companies should be checked for any requirements regarding resignation formalities. The Companies Act 2014 (Ireland) does not contain any detailed provisions about how a director may resign. Subject to any specific provisions in the constitution, or the director’s contract of employment, it is usual practice for a director to resign by way of a resignation letter addressed to the company secretary (if there is one) or the other directors of the company. Depending upon the circumstances, the letter of resignation could be extended to cover other matters such as: • confirmation that the resigning director will not hold themselves out as a director of the company, and • confirmation that they have returned to the company all property and documents belonging to it Signature/execution Two alternative options for signature have been provided, one if the director is signing by way of simple signature, and the other if the director is

This Precedent is a proforma letter from an employer to an employee enclosing a draft compromise agreement. It assumes the employee is still in employment and envisages a period for negotiating and agreeing settlement terms. It explains what ‘without prejudice’ and ‘subject to contract’ mean, and deals with the requirement for the employee to obtain independent legal advice, and whom to contact to discuss proposals. For further information on drafting a compromise agreement, see Precedent: Ireland—Compromise Agreement [Type on employer's letterhead] Without prejudice & subject to contract Strictly private & confidential [Insert name and address of employee] [Insert date] Dear [insert name of employee] Re: [insert name of employer] (the Company) Enclosed with

This Precedent is for use where the employer wishes to begin negotiations with an employee with a view to terminating their employment. See also Precedents: Ireland—Compromise agreement and Ireland—Letter—to employee enclosing compromise agreement. [ To be typed on headed notepaper ] [insert date] Dear [insert name of employee], Private & Confidential: Compromise proposal [Insert name of employer] (the Company) Reasons for compromise proposal Under the Unfair Dismissals Act 1977 (Ireland) (UDA 1977 (IRL), as amended, as amended, any dismissal in Ireland, at the outset is deemed to be unfair and the employer bears the burden of proving that the dismissal was fair and there were substantial grounds justifying the dismissal under the UDA 1977 (IRL). It may be helpful therefore for the employer to outline these reasons in the letter. In circumstances where an employee has passed their probationary period and has over one year’s continuous service, terminating their employment can be difficult. In such situations, employers may consider that the best solution would be to approach the employee and attempt to negotiate a mutually agreed termination. Further to our meeting on

This Precedent is a sample letter from an employer to an employee setting out the outcome of a meeting to discuss a grievance or complaint. It takes into account the Code of Practice on Grievance and Disciplinary Procedures. The Code of Practice on Grievance and Disciplinary Procedures provides that the employee concerned has the right to a fair and impartial determination of the issues concerned, taking into account any representations made by, or on behalf of, the employee and any other relevant or appropriate evidence, factors or circumstances. In order to satisfy these requirements, it would be prudent for the employer to: • set out clearly in writing any action that is to be taken and the employee’s right of appeal • where an employee’s grievance is not upheld, make sure the reasons are carefully explained • bear in mind that actions taken to resolve a grievance may have an impact on other individuals • consider that, while confidentiality is of prime importance, in some circumstances other individuals may need to know the outcome, or certain aspects of the outcome that will

The following Checklist, while not exhaustive, contains key steps and issues to consider when acting for a landlord dealing with a tenant’s application for a licence to carry out works within its demised premises. For key steps and issues to consider when acting for a tenant making an application for a licence to carry out works, see: Ireland—Licence for alterations—acting for tenant—checklist. Taking instructions If you receive an application for a licence to carry out works directly, check the provisions of the lease to ascertain the landlord’s obligations in relation to the application (see Restrictions on withholding consent below). Forward on the request to your client and seek instructions. Ask the client to confirm: • whether the application includes all necessary details of the proposed works for it to consider the application or whether it requires further information (eg further drawings/specifications). If any further detail is required this should be requested from the tenant promptly. Check that the final versions of the documents have been provided in soft copy or if not, that there are enough copies

The following Checklist, while not exhaustive, contains key steps and issues to consider when acting for a tenant applying for landlord’s consent to carry out works within its demised premises. For key steps and issues to consider when acting for a landlord that has received an application from a tenant for a licence to carry out works, see: Ireland—Licence for alterations—acting for landlord—checklist. Pre-application steps Before submitting a formal application for licence to carry out works check: • timing—when does the client want to start the works? What are the implications for the client if the anticipated time frame is not achieved? • that you have all the necessary lease documentation—see Lease documentation below • whether the lease requires the tenant to pay the landlord’s costs in relation to the application and notify your client that they will need to put you in funds for any required undertaking—see Undertaking for costs below • the nature and scope of the works—see Nature and scope of works below • if the proposed works are permitted under the lease

This Licence is made on [insert day][insert month][year] Parties When adapting this Licence you should consider whether any other parties should be added to the licence. If the Lease is a sub-lease and the consent of the superior landlord is required for an assignment of the sub-tenant’s interest, the superior landlord may either be joined in this licence to give its consent, or the superior landlord’s consent might be documented separately. If the assignee’s obligations under the Lease are to be guaranteed by a new guarantor, that new guarantor may either be added as party to the licence to assign and clauses governing the guarantee included, or the new guarantee might be documented separately. If an existing guarantor is to be released, the existing guarantor may be joined for that purpose, appropriately distinguished from any new guarantor. It may also be the case, most usually in the context of an intra-group assignment, that an existing guarantor may be joined to acknowledge the assignment and the continuance of its obligations under an existing lease guarantee. BETWEEN 1 [Insert

This Precedent is intended for use where someone who is not the tenant of a Lettable Unit within the defined Premises wishes to use an area (typically within the common parts of the Premises, but conceivably also in an external area such as a car park) to advertise or sell goods/services for a short period of time on a relatively informal basis. It is, therefore, best suited to the location of a barrow, kiosk, pop-up stand or similar within the communal areas of an office building or shopping centre (or equivalent retail environment) or in an associated external area (eg the car park serving the Premises). With adaptation, it could also be used in relation to the use of car parking spaces or the use of one or more 'hot desks' within an office. Where an existing tenant within the Premises is being granted permission to use an area outside their Lettable Unit, see Precedent: Ireland—Licence to occupy seating area, which can be adapted to meet other similar scenarios. Commercial leases give

This Precedent is intended for use where an existing tenant of a Lettable Unit (most probably a food/beverage operator) within a defined shopping centre (or similar retail environment) wishes to use an area (typically within the common parts of the centre, but conceivably also an external area such as a piazza, plaza or similar) to provide customer seating for the consumption of goods sold from the Lettable Unit. This Precedent can be adapted for other scenarios (eg seating outside a pub, restaurant or café, or seating close to a mobile food stand located on a business park, retail park or similar). The Licence is not intended to exist independently of the lease of the Lettable Unit and can be terminated unilaterally on short notice (ie before expiry of the lease). Commercial leases give tenants a range of statutory rights and protections. Licensees will generally not enjoy those rights and protections. A licence might therefore seem to offer the owner of commercial property a way to allow occupation and use on an 'easy in, easy

This Practice Note offers insights and practical guidance for legal professionals involved in drafting and negotiating licences. It sets out the distinction between a licence and a lease as well as the advantages and disadvantages to using a licence. By addressing key considerations and legal frameworks, this Practice Note aims to facilitate smoother interactions between parties, ensuring a fair and compliant approach to a licence. Understanding licences What is a licence? As the word ‘licence’ suggests, it is permission by a landowner to allow a licensee to use property by making lawful that which would otherwise be unlawful. Differentiating between leases and licences A lease creates an interest in land and grants a tenant the exclusive right of possession of a defined property for a specified period of time. In a lease, the tenant obtains a greater degree of control over the property and typically has the right to exclude others, including the landlord, from the property during the lease term. A licence, on the other hand, is a revocable permission to use property for a specific