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PRECEDENTS
1 Introduction 1.1 This policy outlines the leave and pay we offer to employees whose babies are born premature or sick, and the arrangements for taking it. This type of leave and pay is known as neonatal care leave and neonatal care pay (or ‘neonatal leave’ and ‘neonatal pay’). 1.2 The aspects of this policy relating to neonatal leave (NCL)[ and contractual neonatal pay] apply only to employees. They do not apply to agency workers, consultants[, contractors] [, volunteers] [, interns] or casual workers. However, the aspects of this policy relating to statutory neonatal pay (NCP) apply to employees and also to those who are not employees but are in ‘employed earner’s employment’ with us[ (which would include most qualifying agency workers)]. If you are unclear as to whether you fall into this category, please contact [the HR department]. 1.3 This policy is for guidance only and does not form part of your contract of employment, and we may amend it at any time. It outlines the rights employees and others are given by the law on neonatal leave and pay. It is intended to
PRECEDENTS
[INSERT NAME OF COMPANY] SAYE SHARE OPTION SCHEME (THE SCHEME) EXPLANATORY BOOKLET What is an SAYE share option scheme? Save As You Earn (SAYE) is a special type of share option scheme which is governed by statute and can deliver the following tax advantages in relation to each option granted under it: • no tax on the grant of the option • no tax on the exercise of the option (provided that it is exercised in specified circumstances referred to below) • [no tax on the discount to the price you pay to buy the shares under option] [delete if necessary] • [no tax on any interest or cash bonus paid over the term of the savings contract] [amend as necessary] The Scheme works by offering you an option to buy ordinary shares (‘Shares’) in [insert name of company] (the ‘Company’) at a price per Share which is set at [the current market value of a Share OR a discount of [insert percentage]% to the current Share price] (the Exercise Price) at the end of a [insert three or five]-year savings period using the monthly
PRACTICE NOTES
Redundancy occurs when an employee(s) is dismissed because their role within the business ceases to exist. This can occur for a variety of reasons, for example, a requirement to downsize due to economic reasons such as a lack of work, the loss of a contract, cash flow difficulties, or it can be due to increased efficiencies (such as the roll out of AI) within the business resulting in a reduced need for certain roles. The Redundancy Payments Act 1967 (Ireland) (RPA 1967 (IRL)), as amended, and the Protection of Employment Acts 1977 (Ireland) (PEA 1977 (IRL)), as amended, governs collective redundancy situations in Ireland. Redundancy is defined in RPA 1967 (IRL), s 7(2) as occurring in five situations, each of which are impersonal and involve change, where is a dismissal is made wholly or mainly because: • the employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by them, or has ceased or intends to cease, to carry on that business in the
PRACTICE NOTES
An employee in England who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those premises occupies either as a tenant or as a licensee under a service occupancy (or tied accommodation as it is also known). The distinction is important because, under a service occupancy, the right to terminate arises when the employment ends whereas a tenancy may benefit from security of tenure. As of 1 December 2022, tenancies and licences of dwellings in Wales are governed by the Renting Homes (Wales) Act 2016 (RH(W)A 2016) (subject to certain limited exceptions). The terms of existing and new service occupancies must be considered in the context of RH(W)A 2016, s 7 in order to establish whether or not they are occupation contracts for the purposes of RH(W)A 2016 and, if so, what kind of occupation contract. Tenancies and licences which are occupation contracts must comply with the comprehensive provisions of RH(W)A 2016 which require, amongst other things, the provision of a written statement
CHECKLISTS
When drafting or negotiating a deed of novation in the context of a design and build construction project where a consultant is being novated from the employer to the contractor (see Practice Note: Novation in construction projects), the following should be taken into account: • Consideration Is there consideration for the novation? If not, or if it is unclear whether there will be, the novation agreement should be executed as a deed. • Underlying agreement The deed of novation should set out details of the original, underlying agreement under which the consultant was appointed as well as brief details of the services that they were appointed to perform. • Declaration of novation The deed of novation should state (usually in the recitals) that the consultant and the old employer have agreed to the novation of the underlying agreement to the new employer (ie the contractor) on the terms set out in the deed of novation. • Creation of new contract Check that the deed of novation deals with the two essential stages of novation needed
PRACTICE NOTES
This Practice Note considers how to enforce a settlement agreement concluded before a claim has been issued. Unlike a settlement of a dispute arrived at after a claim has been issued, where the parties agree to settle their dispute before a claim has been issued, there is nothing to be stayed or terminated. This means that there will not generally be a requirement for a judgment or order. The issues arising on enforcement of the terms of the settlement therefore differ. If a claim has been issued, however, see Practice Note: Enforcing settlement agreements concluded after proceedings have commenced. How did the parties conclude their pre-action settlement? The parties will have entered into a settlement contract by any of the following methods: • by executed agreement in a contractual document • by deed • by a binding exchange of emails or letters • by offer and acceptance under CPR 36 (a pre-action Part 36 offer) Enforcement of an executed agreement in a contractual document Where, pre-action, the parties have
PRACTICE NOTES
This Practice Note considers the law and practice of awarding interest on damages and costs in international commercial arbitration proceedings, including under the law of England and Wales and the Arbitration Act 1996 (AA 1996). Reference is also made to comparative guidance from investment treaty arbitration proceedings. To compare the position on this issue in jurisdictions around the world, see our International Comparator Tool. Which law determines the award of interest in arbitration proceedings? The question of whether to award interest and, if so, at what rate is a matter for the arbitral tribunal which first has to determine the basis on which interest is to be awarded. The tribunal will consider: • any agreement between the parties (either in the original arbitration agreement, the underlying contract or subsequently) • the provisions of any relevant arbitral rules or legislation (such as a provision for statutory interest) • the relevant applicable law In practice, the tribunal will apply any express agreement by the parties. If there is no agreement regarding
CHECKLISTS
Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the applicable time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Practice Note: Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables? See Practice Note: Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great Britain? See Practice Note: Entitlement to claim unfair dismissal—Whether employee works in Great Britain • Was
PRACTICE NOTES
This Practice Note provides an introduction to negotiating a deadlock (50:50) joint venture shareholders’ agreement (JVA) for those new to deadlock joint venture (JV) transactions. It considers the aims of the parties and key areas to focus on when negotiating a deadlock JVA, together with links to more detailed materials and precedent documentation. A ‘deadlock’ or ‘50:50’ corporate joint venture agreement (JVA)—also referred to as a shareholders’ agreement—is a contract between two shareholders who each hold an equal number of shares in a joint venture company (JVC). The JVC itself and shareholder guarantors may also be parties to the JVA. The JVA sets out the JV parties’ expectations with regard to the JVC and anticipates some of the issues which can arise. It governs how the shareholders should interact with each other, the JVC, and, where relevant, its subsidiaries and associated companies. It sets out the aims and objectives of the JVC’s business and its governance structure; the rights, responsibilities, and obligations of each shareholder, including any restrictions on their other business activities; any restrictions on actions
PRACTICE NOTES
This Practice Note covers the main areas involved in taking security over a superyacht and highlights the issues which set it apart from mainstream ship finance. For more information on taking security over commercial vessels in general, see Practice Note: Shipping finance—security. Lender’s security can be grouped into three categories—security over the superyacht itself, security over rights connected to the superyacht and security over the beneficial owner’s other assets. Third parties may also acquire security rights over a superyacht (whether by contract or by law) in the form of liens over the superyacht. This last division is of particular importance to a lender, as certain liens can, in certain jurisdictions, take priority over the lender’s security. Which security it takes and when will depend in part on whether a lender is financing a new build or acquisition of a second-hand superyacht. Obtaining adequate security over a mobile asset is of paramount importance. The lender will limit the borrower to a number of preferred flag states in which to register the superyacht, as its laws and
PRACTICE NOTES
This Practice Note considers contractual sick pay (sometimes known as occupational sick pay) and entitlement to statutory sick pay (SSP) under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992) and the Statutory Sick Pay (General) Regulations 1982 (SSP (General) Regs 1982), SI 1982/894. An employee who is unable to work because of sickness may still be entitled to pay during any period of sick absence. Such entitlement may be to: • statutory sick pay, and/or • contractual or occupational sick pay (see: Contractual sick pay, below) SSP—eligibility All employees, with certain exceptions, are entitled to receive statutory sick pay ('SSP') from their employers, under SSCBA 1992. The essential qualification requirements for SSP are that: • the individual must be an employee as defined and not fall within one of the excluded categories (see: SSP—definition of employee below) • on any day for which SSP is paid, the employee must have a ‘day of incapacity for work’, ie a day on which they are, or are deemed to be, too ill to undertake any work under their contract
PRECEDENTS
1 Introduction 1.1 This policy sets out the approach that [enter name of organisation] (the Company) will take in relation to the rights enjoyed by employees, and certain agency workers, to: 1.1.1 paid time off work to attend adoption appointments; or alternatively 1.1.2 unpaid time off work to attend such appointments 1.2 It also sets out the steps you should take if you wish to take either paid or unpaid time off to attend an adoption appointment. 1.3 This policy applies only to employees and, in certain circumstances, to agency workers. It does not apply to consultants[, contractors] [, volunteers] [, interns] or casual workers. 1.4 [This policy has been [agreed OR implemented following consultation] with [[enter name of relevant trade union(s)] OR [enter name of works council] OR [enter name of staff association]].] 1.5 This policy does not form part of any contract of employment and the Company may amend it at any time. 2 Choosing whether to take paid or unpaid time off 2.1 If you have been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with you alone, then