Working time Working time is defined for the purposes of the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 as: • any period during which the worker is working, at their employer's disposal and carrying out their activity or duties • any period during which the worker is receiving relevant training, and • any additional period which is to be treated as working time for the purpose of WTR 1998 under a relevant agreement (ie a workforce agreement, a contractually binding part of a collective agreement or any other legally enforceable contract in writing between worker and employer) All three elements under the first bullet point above must be satisfied in order for the period to constitute working time, ie the employee must be: • working and • at their employer’s disposal, and • carrying

There is no free standing right to interest in an adjudication (see the Court of Appeal decision of Carillion Construction v Devonport Royal Dockyard). The adjudicator only has power to award interest if that issue has been referred to him/her, it has been agreed by the parties to be within the scope of the adjudication, it was a matter which the adjudicator considered to be within the scope of the adjudication, or it was a matter which the adjudicator considered to be necessarily connected with the dispute. The parties can give the adjudicator jurisdiction to consider questions of interest and, in so doing, confer on the adjudicator a jurisdiction to award interest that he or she would not otherwise have. There are five possible bases on which the adjudicator can award interest: • (1) the contract provides for interest and the issue of interest is referred

A shareholders’ agreement is a private agreement entered into among the shareholders of an investee company and the investee company itself, to govern, alongside the investee company’s articles of association, the operation of the relevant company. The agreement may also set out the terms of the subscription for shares in the company by the various shareholders in the company, and, in such instances, may be known as either a subscription and shareholders’ agreement or an investment agreement. By way of example, see clause 2 of Precedent: Subscription and shareholders’ agreement—single investor. Where there is a change in the contractual obligations of a party, that change will ordinarily need to be documented as a contract variation

It is unclear whether in this instance the employer: • requires employees to test for coronavirus (COVID-19), or simply encourages them to do so • ‘prefers’ them to test regularly, eg daily or weekly, or only when they have symptoms of coronavirus • requires employees to stay away from the workplace if they test positive, and if so for how long The right to pay and wages Subject to the terms of the contract, there is a duty to pay wages whenever an employee is ready, willing and able to work. If they are ready and willing to work but unable to do so for reasons beyond their control (ie an unavoidable or involuntary impediment), then they are also entitled to be paid. Different considerations apply to a failure to work because of sickness or other circumstances, which may be governed by express or implied contractual

An assignment is the transfer of a right or an interest vested in one party, the assignor, to another party, the assignee. You can assign a claim or cause of action provided the assignee has a 'genuine commercial interest' in the enforcement of the assigned claim or cause of action. For details on constitutes a ‘genuine commercial interest’, see Practice Note: In what circumstances can you assign a claim or cause of action? in particular the section on What will amount to a 'genuine commercial interest' such that assignment of the claim is valid? See also Practice Note: In what circumstances can you assign a claim or cause of action? In particular the section entitled ‘Assigning different types of causes of action—contract, tort, insurance, debt, property, restitution and insolvency’ and the News Analysis

In answering your query we have limited our research to cover a sale of goods between two businesses as part of an arm’s length commercial transaction. Under the Sale of Goods Act 1979 (SGA 1979), property in specific or ascertained goods passes to the buyer when the contracting parties intend it to pass (SGA 1979, s 17) and a seller can, as a term of the contract, reserve the right of disposal (SGA 1979, s 19). A retention of title (ROT) clause allows the seller to retain title to goods which it has delivered to a buyer until the buyer has paid for them in full or, where permitted to do so, sold them on to a third party (Aluminium Industrie Vaassen v Romalpa Aluminium). The purpose of the ROT

Lexis+® UK Commercial carries a suite of content on confidentiality within the topic: Confidential information. Generally speaking, case law refers to information which (a) is confidential in nature, and (b) has originated or been disclosed in circumstances such that the recipient is under an obligation to keep it confidential. The question of whether an obligation of confidentiality arises will very much depend on the individual circumstances. For instance, the question of whether the fact that party B is a business partner could be classified as confidential information (thereby restricting party A’s ability to advertise this fact) would, in the absence of any oral or written contract, legislative requirement or other professional or common law duty of confidentiality, probably hinge on the circumstances in which they became a business partner. This Q&A relates to an agreement with a confidentiality clause in favour of one party

There is no stand-alone requirement to inform an employee about internal vacancies while she is on maternity leave. However, consideration should be given to: • the enhanced protection from redundancy available to an employee on maternity leave • protection from discrimination under the Equality Act 2010 (EqA 2010) Enhanced protection from redundancy Where the employer is informed of the employee’s pregnancy on or after 6 April 2024, the enhanced protection from redundancy under Maternity and Parental Leave etc Regulations 1999 (MAPLE 1999), SI 1999/3312, reg 10 extends to period of her pregnancy and an additional protected period after the end of maternity leave (usually 18 months after the expected week of childbirth after maternity leave). Where it becomes not practicable by reason of redundancy for the employer to continue to employer the employee under her existing contract of employment during this protected period, then the employer must offer the employee any suitable available

Form LTBT1 is a form prescribed by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (the Order), SI 2003/3096 which provides that if the parties wish to contract out of (or exclude) the provisions of sections 24–28 of the Landlord and Tenant Act 1954 (LTA 1954) it is necessary for certain specified steps to be taken prior to such agreement being reached. Originally, it was necessary under LTA 1954 for the parties to obtain court approval of a contracted out lease (the Pre-2004 Procedure). The Order, brought into effect a new regime requiring the landlord to serve a warning notice in or substantially in the form set out in the Order, SI 2003/3096. The notice must be served before the lease is granted or,

Where the leaseholder who served a section 42 notice sells their flat, the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) makes provision for the section 42 notice to be assigned to the purchaser of that flat so that the purchaser can continue the process of acquiring a new lease. To this end, LRHUDA 1993, s 43(1) states: ‘Where a notice has been given under section 42 with respect to any flat, the rights and obligations of the landlord and the tenant arising from the notice shall enure for the benefit of and be enforceable against them, their personal representatives and assigns to the like extent (but no further) as rights and obligations arising under a contract for leasing freely entered into between

Limitation How long a party has to bring a claim depends on the particular action they intend to take. This Q&A could give rise to a large range of different potential claims and remedies (see below for some suggested further reading in this regard). However, by way of example, under the Limitation Act 1980 (LA 1980) actions founded on tort and simple contract claims each have a general limitation period of six years. For more information, see Practice Notes: • Limitation Act 1980—general application • Limitation—the principal limitation periods Given that the transaction took place in 1989, the vast majority of the standard limitation periods provided for by LA 1980 will have now expired, unless such limitation periods can be extended or postponed (see below). The

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR not accepted OR denied OR that the Claimant has been employed by the Respondent as [insert job title, eg an administrative assistant] since [insert start date of employment]. 2 It is accepted OR not accepted OR denied] that the Claimant works part-time. [The Claimant works [insert number] hours per week] [ which amounts to full-time hours at the Respondent]. 3 The Respondent denies that the Claimant was treated less favourably on grounds of part-time working as alleged or at all. [Insert details of response to any contractual terms set out in the claim form. Sample text is provided at paragraph 4 below.] 4 The Respondent accepts that the Claimant’s contract of employment makes no provision at all for the payment of travel expenses. [Insert