Refine By
Clear all filter
About 92778 results for "*"
PRACTICE NOTES
This Practice Note looks at the issues surrounding religious observance and festivals. It considers the main religious festivals and the issues that religious observance can give rise to in the workplace, including those relating to requests for time off, special food and fasting requirements, and celebrations at work. It also considers policies relating to religious observance at work. Relevant legal protections It is good practice for employers to be aware of the issues arising from employees’ religious observance, including those relating to religious festivals, as such awareness can help employers avoid potential pitfalls which could lead to legal liability if handled badly. The key pieces of legislation that employers should consider are the Equality Act 2010 (EqA 2010) and the Employment Rights Act 1996 (ERA 1996). Discriminatory behaviour could also amount to a breach of contract, leading to potential liability for constructive dismissal and wrongful dismissal. Equality Act 2010 Anti-discrimination protection covers individuals with a religious belief and also those who have a philosophical belief or lack of belief, see Practice Note: Religion or belief.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. What is the definition of a relinquished child? There is no legal definition of a relinquished child. However, in practice the term refers to a situation where the child’s parent or parents wish for their child to be adopted. The adoption agency An adoption agency is a local authority adoption agency or a registered adoption society. The role of the agency is to consider whether adoption is the best option for a child. What should an adoption agency take into account when considering whether adoption is the best option for a child? The agency must consider the welfare checklist set out in section 1 of the Adoption and Children Act 2002 (ACA 2002) when considering whether adoption is in a child’s best interests. This sets out the principle that the child’s welfare is the paramount consideration and that any delay in coming to the decision is likely to prejudice the child’s welfare. The matters which the agency
PRACTICE NOTES
This Practice Note covers the statutory provisions and welfare assessment that should be taken in relation to the placement of a relinquished child in England. It introduces adoption agencies and the adoption process for relinquished children, as well as the statutory duties imposed on an adoption agency when considering whether adoption is in the best interests of the child, together with its obligations to the parents of a relinquished child, including practical issues in relation to obtaining lawful consent to adoption and consequences of an adoption agency not complying with its duties. What is the definition of a relinquished child? There is no legal definition of a relinquished child. However, in practice, the term refers to a situation where the child’s parent or parents wish for their child to be adopted. The adoption agency An adoption agency is a local authority adoption agency or a registered adoption society. The role of the agency is to consider whether adoption is the best
PRACTICE NOTES
Relinquishment or assignation of 1991 Act tenancy to ‘new entrant’ or to a ‘person progressing in farming’ Sections 110 and 111 of the Land Reform (Scotland) Act 2016 came into force on 28 February 2021 inserting Part 3A into the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) providing a process whereby a tenant under a 1991 Act tenancy can relinquish their tenancy to the landlord in exchange for compensation, or if the landlord does not buy them out, allow the 1991 Act tenant to assign the tenancy to a ‘new entrant’ or to a ‘person progressing in farming’. The provisions contained in the Agricultural Holdings (Relinquishment and Assignation) (Scotland) Regulations 2020, SSI 2020/430, (R&A Regs 2020) apply to an agricultural holding in respect of which the lease was entered into: • before 27 November 2003, or • in writing on or after 27 November 2003 but before the commencement of the tenancy, and the lease expressly states that AH(S)A 1991 is to apply to it The Tenant Farming Commissioner (TFC) has
NEWS
Private Client analysis: A was born in Wales but had been resident in Spain for approximately 33 years. He lived with his wife, B. His son, C, lived in Wales. Following A’s loss of capacity, B decided that it would be better for A to be cared for in Wales, close to C. C travelled to Spain and brought A back with him. The questions before the court were whether the relocation had been lawful, and whether A’s habitual residence had altered from Spain to England and Wales. The court found that B and C had lacked authority to remove A, and that Spain remained his habitual residence. Under para 7(1)(d) of the Mental Capacity Act 2005 (MCA 2005), the court was able to order temporary protective measures limited to England and Wales. The case is instructive for practitioners dealing with cross-jurisdictional matters concerning protected parties, and particularly cases where family members attempt to relocate protected parties for treatment. Written by Adam Stewart-Wallace, barrister at Ten Old Square.
GLOSSARY
An interest in a trust (or under the terms of a Will), where the beneficiary’s (remainderman’s) possession and enjoyment of the trust property is postponed by a prior interest in the same property.
GLOSSARY
A beneficiary entitled to the capital of the trust fund on the life tenant's death.
PRACTICE NOTES
This Practice Note explains alternatives to residential care in circumstances where an adult is developing care and support needs. Extent of the Care Act 2014 The Care Act 2014 (CA 2014) applies to adults living in England only. Provisions relating to children will be in large part addressed in the Children and Families Act 2014. The Social Services and Well-being (Wales) Act 2014 addresses care in Wales. Principles relating to accommodation There are three principles in CA 2014 that are pertinent to the question of alternative accommodation. • the assumption that the individual is best placed to judge well-being. The implication is that if a person asserts that they are best placed at home, or in a care home, then the local authority would have to produce evidence to rebut that assumption. This is supported by CA 2014, s 30, which states that the local authority must provide or arrange for the provision of the preferred accommodation,
GLOSSARY
‘Remake rights’ means the exclusive right to make and authorise the making of a film based on the film or the screenplay or the work or the music and containing substantially the same story and leading characters as those contained in the film or the screenplay or the work including, without limitation, the right to exploit the remake film.
GLOSSARY
A contract where the amount to be paid for the work carried out is based on the remeasurement of work after it has been carried out, usually against a schedule of rates contained in the contract.
NEWS
The Northern Ireland Office has presented to Parliament a draft Remedial Order under the Human Rights Act 1998, intended to address human rights incompatibilities in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
GLOSSARY
A general term for providing a remedy. Environmental remediation deals with the removal of pollution or contaminants from soil, groundwater, sediment or surface water etc. for the general protection of human health and the environment.