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PRACTICE NOTES
This Practice Note addresses frequently asked questions about the interaction between the right to paid annual leave and sickness absence, including the issues of accrual, taking holiday while on sick leave, cancellation of holiday if off sick, bank holidays while off sick, carry-over due to sickness, payments in lieu and the calculation of holiday pay. It provides: • brief responses to the frequently asked questions, and • onward links for more detailed information in our suite of core materials on paid holiday entitlement, which includes the following Practice Notes: ◦ Statutory paid holiday—the right ◦ Statutory paid holiday—calculating holiday pay ◦ Statutory paid holiday—carry-over ◦ Statutory paid holiday—payment on termination ◦ Statutory paid holiday—enforcement and claims ◦ Paid holiday—contractual issues The FAQs consider the position of: • all workers for holiday years beginning on or before 31 March 2024 • workers, other than irregular hours or part-year workers (as defined by WTR 1998, SI 1998/1833, reg 15F), for holiday years beginning on or after 1 April 2024 For
PRACTICE NOTES
Paid holiday benefits both employers and workers by allowing workers a period of relaxation and recuperation. The entitlement to paid annual leave can be statutory (ie as a result of legislation) or contractual (ie as a result of terms in the contract of employment). This Practice Note looks at: • contractual paid holiday entitlement • the interaction between contractual and statutory paid holiday entitlement • differences that can arise between contractual and statutory paid holiday entitlement • the ways in which a relevant agreement can impact upon the operation of statutory paid holiday entitlement, including issues that those drafting or reviewing contracts might wish to address, and • claims arising from an employer’s breach of the contractual paid holiday entitlement For information on statutory paid holiday, see Practice Notes: • Statutory paid holiday—the right • Statutory paid holiday—carry-over • Statutory paid holiday—calculating holiday pay • Statutory paid holiday—payment on termination, and • Statutory paid holiday—enforcement and claims Separate provisions apply in respect of statutory paid holiday entitlement for irregular hours and part-year workers (as defined in the Employment Rights
GLOSSARY
This refers to the state of a life assurance policy where no further premiums are being paid but life cover continues.
NEWS
Restructuring & Insolvency analysis: The court’s decision in Re Pindar Scarborough Ltd was prompted in response to the Insolvency Service’s recent report, the First Review of the Insolvency (England and Wales) Rules 2016 (IR 2016), published on 5 April 2022. Part of the First Review came as some surprise to insolvency practitioners, when it was noted that the government’s position was effectively that the status of secured creditors was determined at the start of entry to an administration and then persisted, regardless of whether said creditor was paid up. Here, Insolvency and Companies Court (ICC) Judge Prentis considered that the conclusion of the First Review could not be correct, and that there was no need to consult paid-up secured parties, helpfully preventing potential administrative headaches. Written by Piers Digby, barrister at Radcliffe Chambers.
NEWS
Restructuring & Insolvency analysis: The court had to consider whether secured creditors who had been repaid in full after a company went into administration could be disregarded when an administrator seeks a decision to extend their term of office. Agreeing with the court in the recent decision in Re Pindar Scarborough Ltd, this case makes clear that there is no need for administrators to consult paid-up secured creditors when seeking an extension of the administration by consent under paragraph 76 of Schedule B1 to the Insolvency Act 1986 (IA 1986). Written by Hannah Drozdz, Legal Director PSL at Gateley Legal.
PRACTICE NOTES
Basis for valuing the loss How should an injury be measured in a sum of money? After all, no formula can calculate the value of the loss of an arm or the sense of smell. Damages for pain, suffering and loss of amenity (PSLA) compensate the claimant for the past and future effects of physical and/or psychiatric injury. PSLA has two elements: • pain and suffering—the claimant’s subjective experience of the injury • loss of amenity—the effect of the injury on the claimant’s ability to carry out everyday activities and enjoy life The court generally makes a single award for PSLA, assessed by reference to the Judicial College Guidelines (JCG) and comparable cases. Qualifying whiplash injuries arising from road traffic accidents are subject to a statutory tariff, which is outside the scope of this Practice Note. For further information, see Practice Note: Whiplash or soft tissue injury claims. Where the claimant has suffered multiple injuries, the court may break down the award to show the value attributed to each injury
PRACTICE NOTES
1. What is the applicable legislation? Pakistan is a federation whereby certain subjects are devolved to the competence of the provinces, while others are retained under the legislative competence of the federal government. Following the passing of the 18th Amendment to the Constitution of 1973, the Federal Legislative List sets out the subjects on which the federal government is competent to legislate, while other subjects are legislated upon by the provinces. It may be noted that the scope of this Q&A is limited to the overall investment regime applicable to foreign investors, with a primary focus on federal legislation. Sectoral and provincial laws may apply in addition to the laws mentioned below, and it is pivotal that professional advice is sought with regard to the nature of the investment being made. In addition, Pakistan’s investment policy framework is generally open to foreign investment and (subject to sector-specific prohibitions/restrictions and licensing requirements) foreign investments do not generally undergo pre-screening and
PRACTICE NOTES
This table summarises all completed investigations by Pakistan’s competition authority (the Competition Commission of Pakistan—the CCP) into alleged cartels, anti-competitive agreements and abuses of dominant positions since 2016. Note—only investigations that have been made public are included in this table. 2022 Investigations under section 4 of the Competition Act 2010 Case name, companies under investigation and industry Issues Developments The CPP has not yet issued any decisions under s4 in 2022 Investigations under section 3 of the Competition Act 2010 Case name, companies under investigation and industry Issues Developments Electric poles• Peshawar Electric Supply Company (PESCO) Concerns PESCO abused its dominant position by charging excessive fees • Infringement decision issued—19/12/2022; fines totalling PKR 75m 2021 Investigations
PRACTICE NOTES
Produced in with Bilal Shaukat, partner, and Shahbakht Pirzada, associate partner, at Pakistani law firm RIAA Barker Gillette, on key issues regarding merger control in Pakistan. NOTE—to see whether notification thresholds in Pakistan and throughout the world are met, see Where to Notify. 1. Have there been any recent developments regarding the Pakistani merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Pakistan? The Competition Commission of Pakistan (CCP) has recently promulgated the Competition Exemption Regulations 2020 (2020 Regulations). The 2020 Regulations establish the mechanism for applying for an exemption from a prohibited agreement. The Competition Act 2010 (the Act) prohibits undertaking and association of undertakings from entering into prohibited agreements. Prohibited agreements—or, in case of an association of undertakings, decisions—relate to the production, distribution, acquisition or control of goods, or the provision of services, which have the object or effect the prevention, restriction or reduction of competition within the relevant market. Under the 2020 Regulations, the CCP may grant the following types of exemptions
PRACTICE NOTES
This Practice Note is part of a multi-jurisdictional guide addressing essential aspects of forming specific business entities in global jurisdictions. Leading law firms in the Multilaw global law firm network answer key questions on this topic. This guide discusses key considerations when forming a private limited company in Pakistan. Current as of 13 January 2023. Author: Ahmed Farooq and Malik Haseeb Ahmad, Meer & Hasan, a Multilaw member firm Common entities 1. What form of entity is the subject of this questionnaire? What other forms of entities are commonly used in this jurisdiction and are the subject of another questionnaire response? The subject of this response is the private limited company (abbr. XYZ (Pvt) Limited). 2. Identify other types of entities in your jurisdiction that exist but will not be the subject of a questionnaire response at this time Other types of entities include: • listed public companies • non-listed public companies • single Member companies • not-for-profit limited companies • limited liability partnerships • partnerships, and • sole proprietorships General principles 3.
PRACTICE NOTES
1. Have there been recent developments regarding Palestine’s merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Palestine? Yes. The most significant development is the enactment of Decree-Law No. (11) of 2025 on Competition, published in the Official Gazette on 27 May 2025 (Competition Law 2025). The law entered into force six months after publication (late 2025) and introduces, for the first time, a mandatory merger control regime. Expected developments include: • Implementing Regulations: the Council of Ministers is mandated to issue regulations necessary to implement the law, and • a transitional rectification period: establishments are required to rectify pre-existing violations within six months from the date the law became effective That said, at present no particular ‘hot topics’ have emerged, as the regime is newly operational. 2. Under Palestinian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation
PRACTICE NOTES
This Practice Note provides practical guidance on the Pan-Euro-Mediterranean Convention (PEM). As such, it provides guidance on the rules of origin that would confer originating status on a product. Introduction The PEM is not a customs union. Member States of a customs union share one external border for customs purposes. In other words, the Member States of a customs union all levy the same customs duty on products being imported from outside of the customs union while there are no customs duties applicable to products being moved between Member States of a customs union. An example hereof would be the Southern African Customs Union (SACU) which is the world’s oldest customs union, dating back to 1910, with the Member States consisting of Botswana, Eswatini, Lesotho, Namibia and South African. Instead, the PEM is a cumulation system. The PEM allows for cumulation of origin of inputs/products from PEM Member States. This cumulation of origin makes it easier for PEM Member States to meet the relevant rules or origin that allows for more preferential tariff treatment. For guidance on rules or