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Q&As
It is rare to have a liquidated and ascertained damages (LADs) provision for late completion of the sub-contract works in a sub-contract. Typically, the main contractor will claim general damages from the sub-contractor in respect of the actual loss it incurs as a result of late completion of the sub-contract works. Those losses will often include pass down of the LADs payable by the contractor to the employer under the main contract but, as well as recovering
Q&As
It is assumed that the Q&A concerns a worker other than an irregular hours or part-year worker for a leave year beginning on or after 1 April 2024. For information on the Employment (Allocation of Tips) Act 2023 (E(AT)A 2023), in force 1 October 2024, see Practice Note: Allocating tips, gratuities and service charges to workers. Detailed guidance on how to calculate holiday pay for a worker who is not an irregular hours or part-year worker for a leave year beginning on or after 1 April 2024 can be found in Practice Note: Statutory paid holiday—calculating holiday pay. For information on holiday pay for irregular hours and part-year workers for leave years beginning on or after 1 April 2024, see Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, a worker is entitled to be paid in respect of any period of annual leave to which they are entitled under WTR 1998, SI 1998/1833,
Q&As
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
Q&As
An award of compensation for unfair dismissal generally consists of a basic award and a compensatory award. For further information about the basic award, see Practice Note: The basic award. The compensatory award is intended to compensate the employee for financial losses suffered as a result of the unfair dismissal. It may be subject to various increases or deductions. The award will be made in such amount as the
Q&As
To be caught by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (the Consumer Contracts Regulations 2013), the arrangement must meet the definition of a distance or off-premises contract. Is this an off-premises contract? This arrangement does not appear to satisfy the definition of 'off-premises contract' for which there are four alternatives: Definition Example (a) Contract concluded somewhere other than at your business premises in the simultaneous physical presence of you and the client Retainer concluded:• at the client's home, place of work or a hospital • at a neutral venue, eg a hotel meeting room or café Note the requirement for the simultaneous physical presence of you and the client. (b) Contract for which an offer was made by the client
GLOSSARY
In order to pass a shareholder resolution, the members of a company will be asked to vote on the resolution at a general meeting of the company or, in the case of a private company, by way of written resolution. When a resolution is voted on a show of hands, the votes are calculated simply by reference to the number of members physically present at the meeting in person or by proxy or corporate representative. On a vote on a resolution on a show of hands at a general meeting, each member present in person has one vote (subject to the provisions of the company's articles of association).
GLOSSARY
The playing or showing of the work in public is an act restricted by the copyright in a sound recording, film or broadcast.
GLOSSARY
Acceptance of the terms of use is expressed to have taken place by the user opening the packaging or using the software.
GLOSSARY
The situation where sufficient irrevocable undertakings have been given to enable the offer to be declared unconditional as to acceptances from the outset.
NEWS
Corporate Crime analysis: On 18 August 2023, Mr Justice Garnham handed down judgment in Eugene Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs. The case is the first to come before the English courts challenging the designation of an individual under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). Written by Kerri McGuigan and Liam Lane, associates at Peters & Peters.
GLOSSARY
Sick leave describes an employee’s authorised absence from work due to illness or injury, during which employment continues and specific statutory and contractual rights apply. In the UK, “sickness absence” and “sick leave” are descriptive terms rather than defined concepts, but they underpin entitlement to statutory sick pay (SSP) under the Social Security Contributions and Benefits Acts and related regulations, and any enhanced contractual sick pay. Employers must manage sick leave consistently with employment contracts, absence policies, disability discrimination law, unfair dismissal principles and health and safety duties. In Ireland, “sick leave” is used alongside the statutory concept of “Statutory Sick Leave” under the Sick Leave Act 2022, which sets minimum paid sick leave entitlements, supplemented by contractual schemes and sectoral agreements. Across England & Wales, Scotland, Northern Ireland and Ireland, key issues include: evidence requirements (fit notes or medical certificates), trigger points for managing long-term or repeated absence, reasonable adjustments for disabled employees, protection from dismissal or detriment for genuine sickness absence, and interaction with maternity, occupational injury and insurance benefits.
PRACTICE NOTES
This Practice Note considers contractual sick pay (sometimes known as occupational sick pay) and entitlement to statutory sick pay (SSP) under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992) and the Statutory Sick Pay (General) Regulations 1982 (SSP (General) Regs 1982), SI 1982/894. An employee who is unable to work because of sickness may still be entitled to pay during any period of sick absence. Such entitlement may be to: • statutory sick pay, and/or • contractual or occupational sick pay (see: Contractual sick pay, below) SSP—eligibility All employees, with certain exceptions, are entitled to receive statutory sick pay ('SSP') from their employers, under SSCBA 1992. The essential qualification requirements for SSP are that: • the individual must be an employee as defined and not fall within one of the excluded categories (see: SSP—definition of employee below) • on any day for which SSP is paid, the employee must have a ‘day of incapacity for work’, ie a day on which they are, or are deemed to be, too ill to undertake any work under their contract