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PRECEDENTS
1 Purpose and scope of the procedure 1.1 Grievances are concerns, problems or complaints that employees raise with their employers. 1.2 Where appropriate, you should seek to resolve any grievance informally with the person to whom you immediately report[ or [insert alternative, eg the HR Department]]. If this does not resolve the problem, you should raise your grievance formally as set out below. 1.3 This procedure does not form part of your contract of employment. It may be amended at any time and the Company may use an alternative procedure depending on the circumstances of the particular case. 1.4 This policy and procedure applies to all our employees and workers. It does not apply to agency workers, consultants, contractors[, volunteers] [, interns] or casual workers. 2 Stage one: written grievance
Q&As
Directors owe various duties to the companies of which they are directors. Some of these duties will have particular application to directors of a joint venture company. A common issue that arises in a joint venture is that directors appointed by a joint venture shareholder may well find themselves in a situation where there is a potential conflict between their duties as director of the joint venture company and their loyalty to their appointing shareholder of which they may be an employee (or an employee of a group company) or even a director. For further information, see Practice Note: Corporate joint ventures—directors' duties and shadow directors. Potential directors' conflicts of interest may arise where a joint venture director is required to vote upon a matter upon which its appointing shareholder has an interest. For example, where the joint venture company enters into a contract or arrangement with a joint venture shareholder
Q&As
Where there is a periodic assured (including assured shorthold) tenancy, the landlord is entitled to seek an increase in rent by virtue of section 13 of the Housing Act 1988 (HA 1988). The right applies whether the periodic tenancy arose by statute (at the end of a fixed term) or by contract (unless the contractual periodic tenancy contains a rent review provision: HA 1988, s 13(1)(b)). To exercise the right, the landlord must serve notice in the prescribed form set out in Form 4 in the Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015, SI 2015/620, or in a form ‘substantially to the same effect’. The issue raised by this question is whether an error in completion of the prescribed
Q&As
Does the benefit of an overage covenant run with the land? The payment of overage is a positive covenant and so it is possible for the benefit of it to run with the land at law if it touches and concerns the land, and the person claiming the benefit is the successor in title (which will be implied under the Law of Property Act 1925, s 78 unless the contract provides to the contrary), and where there was an intention that the benefit should run with the land owned by the covenantee at the date of the covenant. Our Practice Note Positive covenants—binding successors in title, Halsbury’s Laws Volume 87 paragraph 1006 and Halsbury’s Laws Volume 87 paragraph 1011 provide further information. Who has the benefit of the restriction on title when the named beneficiary dies? As mentioned above, in certain circumstances the successor
Q&As
An employer may wish to question the validity of a fit note for the purposes of determining: • the employee’s right to statutory sick pay (SSP) or contractual sick pay • whether the employee’s sickness absence is genuine Right to SSP Under sections 151–156 of the Social Security Contributions and Benefits Act 1992 (SSCBA 1992), the essential qualification requirements for SSP are that an employee must: • be an employee as defined and not fall within one of the excluded categories • be too ill to undertake any work under their contract of employment on any day for which they claim SSP, or be deemed to be so • have at least four consecutive days' sick absence (including Sundays and Bank holidays) during which they are too ill to work; this is referred to
Q&As
For further information about sick pay, generally, see Practice Note: Sick pay. All employees, with certain exceptions, are entitled to receive statutory sick pay ('SSP') from their employers, under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992). The essential qualification requirements for SSP are that an employee must: • be an employee as defined and not fall within one of the excluded categories • be too ill to undertake any work under their contract of employment on any day for which they claim SSP, or be deemed to be so • have at least four consecutive days' sick absence (including Sundays and Bank holidays) during which they are too ill to work; this is referred to as a 'period of incapacity for work' • notify their absence to their
Q&As
Cancellation rights under the Regulations This Q&A explores the cancellation rights for mixed goods and services with consumers when made at a distance or on the doorstep under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013), which implement Directive 2011/83/EU, the Consumer Rights Directive. The CCR 2013 provide for cancellation rights that apply to agreement for goods, services and digital content that are made off-premises or on the doorstep (as well as at a distance, eg online or mail order). The cancellation period, as long as the required information is provided by the trader to the consumer about their cancellation rights, is generally 14 days after the day on which the contract is entered into for services or digital content not supplied on a tangible medium. For goods the cancellation period ends 14 days after the day on which the goods came into
Q&As
This Q&A considers the requirements for issuing a valid s 21 notice where the deposit was taken in 2004 but not registered until 2016. Since 6 April 2007, all deposits taken by landlords for residential assured shorthold tenancies (ASTs) in England and Wales must be protected by a tenancy deposit scheme (TDS). The parties to an AST cannot contract out of the obligations. If the landlord fails to comply with the TDS requirements, there are potentially significant penalties including that the landlord may be prevented from recovering possession of its property pursuant to section 21 of the Housing Act 1988 (HA 1988) (section 21 notice). Under the Housing Act 2004, s 215 a landlord cannot recover possession of its property by serving a section 21 notice: • if the deposit is not held in an authorised TDS • if the initial requirements have
Q&As
In answering this Q&A, we have not considered the type of activity committed by B nor the cause (or causes) of action open to F against either A or B whether in contract or tort. We have assumed the use of B by A is permitted under arrangements between A and F. We have also assumed that the contractual arrangement between A and F provides for an indemnity to cover the circumstances in question (to whatever degree that may be). Additional considerations may apply if the scenario sits within a regulated industry, such as financial services; those considerations are beyond the scope of this response. For more information on the type of considerations which might be relevant to
Q&As
Deposits for ASTs Since 6 April 2007, all deposits taken by landlords for residential assured shorthold tenancies (ASTs) in England and Wales must be protected by a tenancy deposit scheme (TDS). The parties to an AST cannot contract out of the obligations. Prior to the enactment of the Localism Act 2011 (LA 2011), late compliance provided a complete defence to a possession proceeding, although there might have been costs consequences. For example, in Vision Enterprises (t/a Universal Estates) v Tiensia; Honeysuckle Properties v Fletcher it was clarified that a deposit could be paid into a TDS out of time, even up to one day before a hearing, so that a landlord could avoid a strict penalty by protecting the deposit late. The LA 2011 amended the legislation to redress the balance in favour of tenants following
Q&As
Under regulation 16(1) of the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, during any period of statutory holiday a worker is entitled to be paid at the rate of a 'week's pay' for each week of holiday. WTR 1998, SI 1998/1833, reg 16(2)–(3) provides that sections 221 to 224 of the Employment Rights Act 1996 (ERA 1996) apply for the purposes of calculating a week's pay for each week of leave. However, it should be noted (among other things) that: • references to 'employee' in the ERA 1996 must be read in this context as also applying to anyone with the status of 'worker' (and likewise with references to an 'employee's contract') • 'the calculation date' must be read as 'the first day of the period of leave in question' • ERA 1996, ss 227 and 228 do not apply, so the statutory cap on a week’s pay does
Q&As
By operation of law in the UK, most sorts of intellectual property (IP) rights created by employees in the course of their duties belong to the employer. This is reversed in relation to moral rights in artistic works, such as books, music or art, which belong to the employee unless the contract states otherwise. This means that the employee will have the right to be identified as the creator of the work and to object to it being distorted, but will not have any economic rights. This position arises pursuant to the relevant statutes governing that particular area of IP. For example, the general rule under section 11(1) of the Copyright, Designs and Patents Act 1988 (CDPA 1988) is that the author of a work is the first owner of any copyright