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GLOSSARY
Suspension pay describes the payment an employer makes to an employee who is suspended from work, usually pending investigation of alleged misconduct, health and safety concerns, or regulatory issues. In UK and Irish employment practice, this is most often “suspension on full pay”, meaning the employee continues to receive normal contractual pay and benefits while temporarily not required to work.There is no single statutory definition of suspension pay in England and Wales, Scotland, Northern Ireland or Ireland; it is a descriptive term used in employment contracts, disciplinary procedures and case law discussing unfair dismissal, constructive dismissal and breach of contract.Key legal issues include whether the contract or staff handbook expressly permits suspension, whether full pay is maintained, and whether suspension is a reasonable and proportionate response in the circumstances. Unpaid suspension is generally higher risk, and may amount to a breach of the implied duty of mutual trust and confidence or trigger claims for unlawful deduction from wages.Across the UK and Ireland, tribunals and courts assess suspension pay in the context of procedural fairness, the employer’s duty of care, and compliance with natural justice in workplace investigations.
PRACTICE NOTES
THIS PRACTICE NOTE APPLIES TO TRUST-BASED OCCUPATIONAL PENSION SCHEMES This Practice Note examines the powers of the Pensions Regulator (the Regulator) to suspend or prohibit trustees of occupational pension schemes, and the statutory grounds on which an individual or other legal person may be disqualified from acting as a trustee of an occupational pension scheme. Suspension and prohibition orders—reserved regulatory functions of the Regulator The Regulator’s powers to suspend or prohibit trustees of occupational pension schemes are: • 'reserved regulatory functions’ exercisable by the Regulator’s Determinations Panel • therefore subject to the standard procedure or, in special circumstances, the special procedure As part of the standard procedure, the Regulator must notify such persons, who appear to be directly affected by the suspension or prohibition order, that such an order is being made. This will normally include the continuing trustees of the relevant scheme. For further information on the reserved regulatory functions of the Determinations Panel and the standard and special procedures, see Practice Note: The Pensions Regulator’s Determinations Panel. When
GLOSSARY
A condition which prevents an obligation arising unless and until a specific future event, certain or uncertain, occurs (cf resolutive condition).
PRACTICE NOTES
What is a suspensive condition? A suspensive condition suspends the obligation on either party to a contract to perform that contract until such time as the suspensive condition has been purified (or waived, if that is permitted by the terms of the condition), see Practice Note: Suspensive conditions in missives transferring Scottish property. It is imperative that a suspensive condition is well-drafted. Careless drafting can have unintended and often undesired consequences. For further information, see: Suspensive conditions in missives: Stair Memorial Encyclopaedia [27]. Matters which may be covered by suspensive conditions With the exception of dealing with title matters, the majority of suspensive conditions will relate to non-conveyancing matters, eg: • compliance with the relevant tax regime • planning issues • transfer of employees • site investigations • compliance with environmental law This Practice Note sets out universal considerations in drafting suspensive conditions of any kind and then considers specific points when drafting specific commonly used suspensive conditions. Universal drafting considerations Who is to benefit from
PRACTICE NOTES
Suspensive conditions in missives are a vital tool in Scottish property transactions, allowing parties to conclude a binding contract while deferring certain obligations until specified conditions are met. Properly drafted, they provide clarity, mitigate risk, and protect both buyers and sellers by ensuring key matters—such as planning permissions, financing, or due diligence—are resolved before completion. This Practice Note outlines the legal framework, practical considerations, and best practices for drafting and negotiating suspensive conditions in missives. Transactional context Historically, Scottish property lawyers have prided themselves on the swift conclusion of missives for the sale and purchase of heritable property. Due in part to the increased length and detailed provision in offers for both domestic and commercial property, the period of time taken to achieve conclusion of missives has increased proportionately. The additional time to obtain offers of loan from lenders has also affected the residential market and slowed down the conclusion of missives considerably. Missives for the purchase and sale of heritable property usually cover more than strictly
GLOSSARY
A suspensory clause is a provision in an agreement or deed that provides that it does not take effect until a later date, or that it may only be treated as having been executed and delivered when dated.
PRECEDENTS
This Precedent Suspicious activity report register can help you keep comprehensive records of internal
PRACTICE NOTES
This Practice Note details the suspicious transaction and order reporting requirements under Regulation (EU) 596/2014 (the EU Market Abuse Regulation) and Commission Delegated Regulation (EU) 2016/957. Definition of suspicious transaction and order reports A suspicious transaction and order report (STOR) is a report on suspicious orders and transactions, including any cancellation or modification thereof, that could constitute insider dealing, market manipulation or attempted insider dealing or market manipulation, to be made pursuant to Articles 16(1) and (2) of the EU Market Abuse Regulation, as applicable. For information on insider dealing, see Practice Note: EU Market Abuse Regulation (MAR)—essentials — Insider dealing. For information on market manipulation, see Practice Note: EU Market Abuse Regulation (MAR)—essentials — Market manipulation. Obligation to prevent and detect market abuse Persons professionally arranging or executing transactions are required to establish and maintain arrangements, systems and procedures that ensure: • effective and ongoing monitoring of all orders received and transmitted and all transactions executed, for the purposes of detecting and identifying orders and transactions
PRACTICE NOTES
This Practice Note details the suspicious transaction and order reporting requirements under Assimilated Regulation (EU) 596/2014 (the UK Market Abuse Regulation) and Commission Delegated Assimilated Regulation (EU) 2016/957. For high-level information on divergence between key provisions of Regulation (EU) 596/2014 (the EU Market Abuse Regulation) and the UK Market Abuse Regulation, see Practice Note: Market Abuse Regulation—key provisions divergence table. Definition of STOR A suspicious transaction and order report (STOR) is a report on suspicious orders and transactions, including any cancellation or modification thereof, that could constitute insider dealing, market manipulation or attempted insider dealing or market manipulation, to be made pursuant to Articles 16(1) and (2) of the UK Market Abuse Regulation. For information on insider dealing, see Practice Note: UK Market Abuse Regulation (MAR)—essentials—Insider dealing. For information on market manipulation, see Practice Note: UK Market Abuse Regulation (MAR)—essentials—Market manipulation. Obligation to prevent and detect market abuse Persons professionally arranging or executing transactions are required to establish and maintain arrangements, systems and procedures that ensure:
NEWS
Law360: More than 470 police officers have brought a claim against the pensions unit of Equiniti Group plc for more than £1m in compensation over a data breach that revealed information about their retirement savings.
GLOSSARY
The concept of combining social, environmental and economic values and taking these into account in construction. Providing buildings that offer a healthy, comfortable and affordable environment while using durable and renewable resources that have minimal impact on the environment.
GLOSSARY
means the measures taken or to be taken by each of the parties and their supply chains to develop and adopt Sustainable initiatives and practices (including but not limited to implementation of circular economy principles, waste management, water management and reducing negative impacts on nature and biodiversity).