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PRECEDENTS
1 Introduction 1.1 This policy sets out the Company’s approach to staff vaccination against coronavirus (COVID-19). It supplements, but does not replace, the Company’s health and safety[, coronavirus workplace safety] and sickness absence policies. 1.2 This policy does not form part of any contract of employment and the Company may amend it at any time. 1.3 This policy applies to all employees, workers and contractors. 1.4 This policy has been written [following discussions OR in consultation] with [the recognised trade union OR employee representatives OR a representative group of employees]. 1.5 The information set out in this policy is taken from guidance on the NHS and other government websites that are updated frequently. While we will try to keep this policy up-to-date, we strongly recommend that all staff familiarise themselves with the relevant NHS and other guidance and check regularly for updates. We will also issue updates to staff, typically by email, if changes to the government guidance affect this policy. 2 Why we think vaccination is important 2.1 The coronavirus pandemic continues to have a significant impact on all of our lives, and on how we operate as a business.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. For more information, see subtopic: New and updated content in Practice Compliance. This Practice Note tells you, on a month-by-month basis, whether we have amended existing content or published new content in Practice Compliance. This content may have been added or amended to reflect regulatory changes or as part of our ongoing content development. December 2018 New or updated? Content Reason New Subtopic: Brexit—compliance and risk managementPractice Notes:—Brexit—exiting the EU under Article 50 [Archived]—Brexit legislation tracker [Archived]—Brexit risk management guide [Archived]—The status of EU law in the UK after Brexit [Archived]—The Data Protection Act 2018—Brexit—contract risk management [Archived]—Working with Swiss lawyers—the registered European lawyer (REL) and registered Swiss lawyer (RSL) regimes—Development of sanctions regime in the UK post Brexit—timeline Content development Updated Precedent: Website terms and conditions—law firms The ‘Cookies and other information-gathering technologies’ section has been updated to reflect the SRA Transparency Rules. Updated Practice Note: Website management—regulatory requirements—law
PRACTICE NOTES
This Practice Note on starting a debt claim provides guidance on the matters you should consider both before and after issuing a simple contractual debt claim, including the appropriate jurisdiction, limitation, alternative dispute resolution (ADR) and insolvency processes, pre-action requirements, assignment of debts and when, where and how to issue and serve a claim. For guidance on what is meant by a ‘simple contractual debt claim’ in this context, see Practice Note: Debt claims. For further guidance on debt claims, see: • Practice Note: Discharging a contractual debt • Starting a contractual debt claim—checklist (which includes summary consideration of issues such as the nature of the claim itself, the parties to the contract, the debtor’s assets, the value of the debt, what the client wants to achieve from litigation, with links to relevant content) For more general guidance on starting claims, see: Starting a claim or counterclaim—overview. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your
PRECEDENTS
1 Introduction 1.1 [As set out in the Company’s [equality policy], the OR The] Company is fully committed to providing equal opportunities for all employees, workers and job applicants, and to eliminating unlawful and unfair discrimination. The Company aims to create a culture that encourages and values diversity and that appoints, rewards and promotes staff based on merit. 1.2 This policy sets out the approach that the Company will take to its recruitment process. 1.3 This policy applies to recruitment for a position as an employee or worker, including agency workers, consultants[, contractors] [, volunteers][, interns] and casual workers. 1.4 This policy does not form part of any contract of employment and the Company may amend it at any time. 2 Responsibilities of HR and line managers 2.1 If a line manager wishes to recruit someone, they must first obtain approval from [the HR director]. If the recruitment is to fill a vacancy created by a leaver (other than on redundancy), on the same terms and conditions, [prior approval will not be required OR approval will normally be granted automatically OR the [HR director]’s approval will still be required]. 2.2 Line managers are responsible
PRACTICE NOTES
Duration of an individual voluntary arrangement An individual voluntary arrangement (IVA) is an agreement entered into between an individual and their creditors under the Insolvency Act 1986 (IA 1986). The IVA is effectively a contract between the parties and is prepared by the individual and provided to their creditors to make a decision on. It is for the debtor to propose to their creditors how long the IVA will last. This will often depend on, for example, the nature of the proposed source of income into the IVA: income derived from the debtor’s continued trading will usually necessitate a more lengthy IVA period, whereas a large lump sum contribution may shorten the period. The debtor will be advised and directed by an insolvency practitioner (IP), who will ask to be the debtor’s nominee (and who would usually become the supervisor of the IVA in the event that it is approved), although it is ultimately the debtor’s decision. The duration of an IVA can be anything from
PRACTICE NOTES
Parties to an ISDA Master Agreement It is important that the Master Agreement correctly identifies the party with whom Transactions will be entered into: • in complex corporate organisations it is easy to mistake similarly named entities; • the entity named must be in an acceptable jurisdiction and have the requisite authorities and regulatory approvals to transact; • the name of the party to the Master Agreement must match that on any existing Transactions which it is intended to govern Where the counterparty is an entity in a different jurisdiction, legal due diligence on that party is required, using the ISDA netting legal opinions as a starting point (see Practice Note: ISDA netting legal opinions), to ensure that the contract being agreed is fully enforceable in that jurisdiction. Dating the Master Agreement and schedule Common practice in the derivatives markets is for the entry into Transactions to be made ahead of the execution of a Master Agreement. As such, the Master Agreement which intends to capture all outstanding transactions needs to
PRACTICE NOTES
This Practice Note considers: • the purpose and consequences of events of default in facility agreements • common events of default in facility agreements • continuing events of default, and • the differences between an event of default, default and potential event of default Where appropriate, this Practice Note highlights relevant provisions in Precedent: Facility agreement (term loan): single company borrower—bilateral—with or without security or a guarantee and the Loan Market Association (LMA) investment grade multicurrency term facility agreement with/without observation shift (the LMA facility agreement) (available to LMA members on the LMA website). The purpose of events of default Lenders generally prefer not to rely on general contract law for a remedy if the borrower breaches the loan agreement. Serious breaches such as not meeting payment obligations or breaching financial covenants may indicate that the borrower is in financial difficulty and urgent action may be needed if the lender is to protect its investment. Most facility agreements therefore include a mechanism under which a lender can, if it chooses, take
PRACTICE NOTES
Introduction to company voluntary arrangements (CVAs) A CVA is a tool available to a company in financial difficulty to restructure its debts. In contrast to other insolvency procedures, the directors remain in control of the business which continues to operate broadly as normal, subject to the supervision of an insolvency practitioner (the Supervisor). A CVA is a statutory contract between the company and its creditors, which is intended to produce a better financial return than if the company was placed into a formal insolvency procedure. The proposals will be funded either by a lump sum payment or an agreed schedule of payments over a defined period (usually between 1–5 years). If 75% or more in value of the company’s creditors vote in favour of the proposals, they become binding upon all of the company’s unsecured creditors, including those who (1) voted against the proposals and (2) were eligible to vote but did not receive notice of the decision procedure/meeting (as relevant). Once bound by a CVA, a creditor cannot take any
PRACTICE NOTES
This Practice Note considers a typical transaction involving the sale and purchase of a second-hand commercial ship in Ireland and in particular covers: • the main standard forms used in the market • the delivery process • transfer of title and risk • delivery free from encumbrances • the identity of the parties • the key considerations for financiers, and • sale and purchase specifically of fishing vessels Memorandum of agreement As in the UK, many second-hand ship sales are negotiated through sale and purchase brokers (widely known as 'S&P' brokers) on behalf of their principals. The majority of shipping sales in Ireland are in respect of vessels for private use or commercial fishing boats. For larger vessels the sales are generally negotiated through a series of written exchanges with terms then formally recorded in a contract between the owner of the ship (as seller) and the buyer, generally referred to as a memorandum of agreement (or MoA). Standard forms Internationally used standard form of contracts for sale
PRACTICE NOTES
This Practice Note considers compensation events in the NEC3 and NEC4 contracts. The occurrence of compensation events may entitle the Contractor to additional time and/or money. It looks specifically at the NEC3/NEC4 Engineering and Construction Contract (ECC), but similar provisions are found across the suite. Key features The compensation event regime in the NEC contracts is contained in section 6 of the core clauses. Key features include: • there is a single procedure dealing with the Contractor’s claims for additional time and money, with a single list of qualifying events. This can be contrasted with the JCT contracts, in which events entitling the Contractor to additional time (‘Relevant Events’) and money (‘Relevant Matters’) are dealt with separately. For an analysis of the compensation events themselves, see Practice Note: NEC contracts—interpreting the list of compensation events (clause 60) and for a comparison with the JCT Relevant Events/Relevant Matters and time/money claims under the FIDIC contracts, see Practice Note: Comparison between JCT, NEC and FIDIC time and money events • in NEC4, the list of compensation events can be supplemented
CHECKLISTS
This Checklist sets out issues to consider when drafting an ET1 claim form or ET3 response form in relation to a claim for unlawful deductions from wages. For further guidance on deductions from wages generally, see Practice Note: Deductions from wages. See also Precedents: ET1 Claim—unlawful deduction from wages and ET3 Response—unlawful deduction from wages. Issue to consider Further guidance Was the claimant a worker? □ See Practice Note: Worker status and Checklist for assessing employment status Is the claimant in a category of worker excluded from the right to claim? □ See Practice Note: Deductions from wages—Definition of 'worker' What ‘wages’ is the claimant entitled to? □ See Practice Note: Deductions from wages—Definition of wages Consider payments expressly included in the definition, eg: —any fee, commission or other emolument referable to the employment (whether or not payable under the contract) □ —bonuses (including non-contractual bonuses, provided the claim is for an identified amount) □ See Practice Note: Deductions from wages—Bonuses —statutory and contractual holiday
PRACTICE NOTES
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge after assignment of a lease. This Practice Note covers: • when arrears can be recovered from a former tenant or their guarantor • the notice procedure landlords must comply with in order to recover arrears from a former tenant or their guarantor (a ‘s 17 notice’) • the right to (and the terms of) an overriding lease, and the application process, and • key issues for landlords to consider before serving a s 17 notice Landlords must promptly serve notice in relation to any ‘fixed charge’ that has become due, or they lose their right to recover it. Former tenants and their guarantors are given the right to request an overriding lease following payment. LT(C)A 1995, s 17 was enacted to address a significant problem experienced by former tenants and guarantors in the recession of the early 1990s. Under the old privity of contract rules, the original tenant and any former