The elements of what an employer is obliged to include in an employee’s contract of employment are specified in section 1 of the Employment Rights Act 1996 (ERA 1996). An employee who has worked for one month or more is entitled to a written statement of particulars of the most important aspects of their contract. The statement must be provided within two months of their start date. ERA 1996, s 1(3)–(4) sets out what must be contained in the statutory written statement of particulars. As regards remuneration, the statement must contain particulars of: • the scale or rate of remuneration or the method of calculating remuneration • the intervals at which remuneration is paid (that is, weekly, monthly or other specified intervals) For further information about the statutory requirement for a written statement of particulars, see: • Practice Note: Written statements of employment particulars—to 5 April 2020 [Archived] • Written statement checklist—until 5 April 2020 [Archived] • Precedent: Agreement—written

The flowchart below summarises the key steps required in order for an employer to be able to claim or deduct liquidated

In the [insert REGION ]employment tribunal Case no: [Insert case number] Between: [INSERT NAME OF CLAIMANT] Claimant and [INSERT NAME OF RESPONDENT] Respondent ____________________________ [CLAIMANT’S OR RESPONDENT’S OR AGREED] LIST OF ISSUES ___________________________ Jurisdiction 1 Was the Claimant an employee or apprentice? (Employment Tribunals Extension of Jurisdiction (England and Wales) Order, SI 1994/1623, Art 3) 2 Is the claim one that a court in England and Wales or Scotland would have jurisdiction to hear and determine and within one of the following categories (SI 1994/1623,

Signed by [insert name of authorised signatory] for and on behalf of [insert name of overseas company] .................................................[signature of authorised signatory]Authorised signatory

ARCHIVED: This Precedent has been archived and is not maintained. In the County Court at [insert] Claim No: Between A B        Claimant and X Y        Defendant Defence 1 It is admitted that the accident described at paragraph 1 occurred at the time and place stated. 2 For the purposes of this action, it is admitted that the accident was caused by the negligence of the Defendant. 3 The Defendant requires the Claimant to prove all items of damage alleged. Counter Schedule 3.1 Repairs—The Claimant is required to prove this head of loss. The Defendant notes that no documentary evidence has been provided and requires sight of the same. 3.2 Recovery—The Claimant is required to prove this head of loss. The Defendant notes that no documentary evidence has been provided and requires sight of the same. 3.3 Storage—The Claimant is required to prove this head of loss. The Defendant does not admit and requires the Claimant to prove that she needed to place his vehicle into storage and that the rate charged was reasonable. 3.4 Hire—denied 3.4.1 Enforceability (a) It is denied that the Claimant is liable for

Where an employment contract provides for a three-year fixed term, with no provision for the employee to give notice of termination during the term, if the employee purports to terminate the contract before the end of the fixed term this will amount to a repudiatory breach of contract. The general rule is that where one party is guilty of a repudiatory breach of contract, then that entitles the other (without prejudice to his right to claim damages for the breach) either: • to affirm the contract, notwithstanding the breach, or • to elect to treat himself as thereby discharged from any other performance of his own contractual obligations Where the wronged party is the employer, he must make sure that he does not delay unacceptably or act in some other way inconsistent with electing to terminate the contract. There is, however, one important qualification here, namely that the employer does not waive the alleged breach merely by taking the employee through the proper disciplinary procedure. For

Arbitration analysis: Saloni v Nexity is a rare application by a French court of first instance, of the fairly recently introduced theory of unforeseeability (imprévision). The court held that the price spike in energy costs, transport and packaging as a result particularly of the Russian war in Ukraine, excessively impacting on the supplier, justified the dissolution of the contract. It did so on the basis of an altogether scant assessment of the economics behind the contract. The case is likely to encourage the many contracting parties in similar situations to turn to the courts for similar requests. Parties with French law as the applicable law to their contract would do well to exclude the theory from their lex contractus, including in respect of prospective disputes subject to arbitration. Written by Geert van Calster, head of GAVC Law.

An implied term is one that has not been expressly agreed between the parties and is therefore not recorded in the contract. Terms may be implied into the contract for various reasons and in various circumstances—for example, pursuant to statute, or if the term is necessary to give the contract business efficacy (ie, make it work). Where a term is implied by statute,

We have not been able to locate authority specifically dealing with this point. This may be because practically this scenario will only arise in limited circumstances, ie: • where an immediate landlord’s interest is contracted out of the LTA 1954, and has a contractual term of less than 14 months remaining; or • they occupy under a lease within the LTA 1954 but a s 25 notice or s 26 request has been served bringing their interest to an end within 14 months and the immediate landlord wishes to grant a contracted out sublease for that remaining term (less at least one day). Permitted agreements to contract out before the tenancy is entered into; the current position: Halsbury's Laws of England [1602] provides that: 827. ‘Permitted agreements to contract out before the tenancy is entered into; the current position. The persons who will be the landlord [Footnote 1 As to the meaning of 'the landlord'

ARCHIVED: This flowchart has been archived and is not maintained. This

Signed by [insert name of administrative receiver], administrative receiver, for and on behalf of [insert name of company] pursuant to the power conferred under [insert