1 Introduction 1.1 This document sets out the policy and procedure we operate to address: 1.1.1 poor performance (by which we mean lack of skill and aptitude in undertaking a job role); and 1.1.2 genuine persistent, intermittent short-term absence. 1.2 This policy applies to all employees and workers except agency workers, consultants, self-employed contractors[, volunteers] [, interns] and casual workers. It does not form part of any contract of employment or otherwise have contractual effect and may be amended by us at any time. 1.3 The Company will comply with relevant data protection laws when handling information about your health. 2 Procedure 2.1 Where you are failing to perform to a satisfactory level, or where your attendance levels are unsatisfactory due to persistent, intermittent, short-term absence, the purpose of this capability procedure is to encourage and help you to improve your performance and/or attendance to a level acceptable to us. 2.2 The action taken in each case will be that which we consider appropriate taking into account the particular circumstances. Your line manager will be involved in any discussions. The procedure will usually involve: 2.2.1 a full discussion of the situation with you at

WARNING These template replies to enquiries are intended only as a framework and starting point to assist the Seller in building their bespoke replies to enquiries. They are not a recommended, comprehensive or conclusive list and should not be used without careful consideration and bespoke amendment to suit the particular transaction. The replies given to enquiries before contract are representations made by the seller to the buyer and the buyer is entitled to rely on them in deciding whether or not to proceed with the transaction. It is imperative that they are correctly tailored to the specific matter and do not include any false or flippant statements. They should also not contain any generic statements, such as ‘Not to the Seller’s knowledge’, unless the Seller has made an effort to discover a more comprehensive answer to the enquiry. Such a response contains within it an implication that the Seller has itself made reasonable enquiries relation to the enquiry in question. You must stress to your client

Where an employee has potential claims against the employer under the Employment Rights Act 1996 (ERA 1996) or other employment legislation, or where the employee would otherwise have a claim for breach of contract, a settlement agreement can be entered into by the employee and employer to end the employment on the terms set out in that agreement (though there are a few instances under employment law when claims cannot be ended with a settlement agreement). Key managers/shareholders may also sign settlement agreements if they leave employment when the employing company is sold. For a precedent settlement agreement (and drafting notes), see Precedents: Settlement agreement (employment) or Settlement agreement (employment) (short form). By entering into a settlement agreement, the employer has certainty that the employee will have no claim in the future against the employer. Among other things, the settlement agreement will deal with all payments and benefits owing or agreed to be paid to the employee. While the settlement agreement is signed on termination, not all payments and benefits

Technology products, solutions and services underpin the operations of just about every business, albeit that they come in many different forms. They will vary in size, complexity and value, and range from major outsourcing and managed services arrangements through to ‘as a service’ solutions offered via the cloud and on-premise software licences. However, there are certain contractual issues which regularly arise, where customers and suppliers have legitimate concerns which will need to be accommodated if agreement is to be reached. This Practice Note highlights some of those encountered most often and presents ways in which any disagreements between the parties might be resolved. Adequacy of due diligence Many kinds of technology transaction require an exchange of information from the customer to the supplier before the contract is signed so as to enable the supplier to scope out the requirement and to price for it. In some cases this may be encapsulated entirely in a request for proposal document sent out by the customer, but often there will be other information that the

This Practice Note considers the meaning of 'bare trust' and the inheritance tax (IHT) treatment of such a trust. For information on the income tax and capital gains tax (CGT) treatment of a bare trust, see Practice Note: Bare trusts—income tax and CGT. What is a bare trust? The term ‘bare trust’ applies to an arrangement where the legal ownership of property is in a different name from that of the person beneficially entitled to it. The person entitled to it has absolute rights to both capital and income, but the legal owner will conduct the management of it. Some of the situations in which a bare trust might arise are described below. Assets held for minors (children) Bare trusts increased in popularity following the changes in the IHT treatment of settlements effected by the Finance Act 2006 (see Practice Note: Finance Act 2006 changes to trust taxation [Archived]). Minors do not have the legal capacity to enter into contract or give a valid receipt. Property which, in equity, belongs to a child must be held in the name

An indemnity may be defined as a contractual obligation falling upon one contracting party (the indemnifier) and owed to another contracting party (the indemnified party), the obligation being for the indemnifier to pay or otherwise compensate the indemnified party in respect of specified liabilities incurred or assumed by the indemnified party (such liabilities usually manifesting after signing of the contract). Seller's limitation of scope of indemnities Typically, the scope of an indemnity may be limited in the following ways: • by limiting the types of liabilities for which indemnification is to be provided—eg an indemnity can be limited to liabilities incurred: ◦ directly from a given set of circumstances and not extend to liabilities incurred indirectly from, or merely in connection with, those circumstances, and/or ◦ before completion of the business sale—for further information in relation to this, see Continuing breaches, below • by limiting the time period over which the indemnity is to be provided • by restricting the amount that can be claimed under the indemnity (known as an indemnity cap) • by setting out requirements

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 7 November 2019; it is no longer maintained. See further: timeline and relevant/related cases. Case facts Outline Appeal of the General Court judgment in Case T- 138/15 dismissing an action for annulment of the Commission decision (SA.34646) concerning a Dutch e-procurement platform. Latest developments On 7 November 2019, the Court of Justice issued its judgment in which it dismissed the appeal in its entirety. Parties Appellants:• Aanbestedingskalender BV (Aanbestedingskalender)• Negometrix BV (Negometrix)• CTM Solution BV (CTM Solution)• Stillpoint Applications BV (Stillpoint Applications)• Huisinga Beheer BV (Huisinga Beheer)Respondent:• European Commission Background Background On 6 April 2012, the Commission received a complaint concerning alleged aid granted by the Dutch authorities for the creation and introduction of the e-procurement platform ‘TenderNed’, which is aimed at supporting the public procurement process from the publication of the notice to the award of the contract. The complaint was submitted on behalf of Stichting Crow, Negometrix , CTM Solution and Stillpoint Applications

STOP PRESS: From 1 October 2026, section 48 of the Border Security, Asylum and Immigration Act 2025 (inserting sections 14A and 15A of the Immigration, Asylum and Nationality Act 2006) extends right to work civil penalty liability in certain contractual arrangements, including where an online matching service matches a service provider with a client or customer to provide work or services, and the service provider enters into a contract with the client or customer. Although the service provider remains responsible for carrying out prescribed right to work checks on individuals it employs or engages to perform the services, the online matching service may be treated as 'employing' any individual who personally performs the services and so may also be held liable for illegal working unless it satisfies the prescribed requirements for establishing a statutory excuse. The extended liability requirements apply to relevant contractual arrangements entered into on or after 1 October 2026. See News Analysis: Extended scope of the right to work regime: how will it work in practice? and LNB News 14/09/2026 18 for

ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: On 5 September 2023, CIETAC introduced new revisions (Revisions) to its current 2015 arbitration rules, in response to the growing needs for flexibility and efficiency in the digital age and evolving practice in international arbitration following a revision plan initiated in April 2021. The Revisions across over 30 articles include digital case management, multi-tiered arbitration agreements, jurisdiction, multi-contract arbitrations, arbitral procedures and other challenging issues. The Revisions will become effective from 1 January 2024, and apply to all CIETAC arbitrations commenced as of that date. CIETAC’s current arbitration rules took effect from 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it currently reflects CIETAC's structure and role as set out in the CIETAC Rules 2015. This Practice Note covers arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which, generally, apply to arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84). For guidance on arbitration under the CIETAC Rules 2012, see: CIETAC

[ON YOUR LETTERHEAD] WITHOUT PREJUDICE SAVE AS TO COSTS [SUBJECT TO CONTRACT] [Insert date] [Insert name and address of other party’s solicitor] Dear [insert contact name] [Insert subject of letter] We refer to our open letter of [today’s date OR [insert date]]. 1 As set out in that letter, both we and our client are confident that our client will be wholly successful in defending your client’s claim[s] against it, in respect of the agreement between our clients dated [insert date] (the ‘Agreement’) as set out in your client’s claim [insert claim action number] and particulars of claim dated [insert date of particulars of claim] (together ‘the Claim’). [We are also confident that our client will succeed in respect of its counterclaim against your client for [insert details of the remedy sought in the counterclaim, eg re-payment or credit for sums paid to date in respect of the defective valves supplied by your client and the consequential losses to our client] for the reasons set out in our open letter and further detailed in our client’s defence and counterclaim dated [insert

This Practice Note describes the law of electronic signatures (also known as digital signatures, e-signatures, E-Signatures, eSignatures, paperless signing or electronic document signing). It provides definitions of different types of electronic signature including simple, advanced and qualified electronic signatures and details the technology processes used in the creation of digital signatures (including public key infrastructure (PKI) technology). It considers relevant UK legislation such as the Electronic Communications Act 2000 (ECA 2000), and the UK eIDAS Regulation, and best practice in executing documents using electronic signatures. An electronic signature is the electronic equivalent of a handwritten signature and links a person to the contents of an electronic document. This Practice Note focuses on the general position under the law of England and Wales regarding commercial contracts in a business to business context. Readers should note that specific issues may arise in particular transactions, for example as a result of laws applicable to consumers. For practical guidance on how to execute documents when one or more of the parties to a contract are not physically present, see also Practice Note:

Industry bodies Body Description Electricity Settlements Company Ltd (ESC) The ESC is the Capacity Market ‘Settlement Body’, responsible for administering capacity payments to, and penalty payments from, those who are subsidised by the Capacity Market. In addition, as part of this role the ESC administers the payments from licensed electricity suppliers which fund the payments the ESC makes to those subsidies by the Capacity Market. The ESC was appointed to this role pursuant to the Electricity Capacity Regulations 2014, SI 2014/2043, reg 80 and is wholly owned by DESNZ. The relationship between the ESC and its sole shareholder, the Secretary of State for Energy Security and Net Zero (SoS), is governed by a Framework Document. In practice, ESC shares an office, website, and senior officers with the Low Carbon Contracts Company Ltd (LCCC), which is the low carbon Contract for Difference (CfD) mechanism counterparty. LCCC is discussed in more detail in Practice Note: Industry Bodies and Codes—Renewable Energy. Great British Energy—Nuclear An arms-length body responsible for delivering the UK government’s long-term nuclear programme and to support