This Practice Note explains the purpose and significance of time of the essence clauses in commercial contracts. It explains the general rule and exceptions to the rule, and also looks at practical considerations for both the supplier and customer when considering time of the essence clauses in supply of goods or services contracts. For a Precedent time of the essence clause together with detailed drafting notes, see Precedent: Time of the essence clause. See also: Drafting and negotiating a time of the essence clause—checklist. For a discussion on time of the essence clauses in the context of: • construction contracts, see Practice Note: Time of the essence—construction contracts • rent reviews, see Practice Note: A guide to rent review for property lawyers—When is time of the essence? Consequence of a time of the essence clause Where a contract provides that ‘time is of the essence’ in respect of the performance of an obligation, there is a contractual requirement for that obligation to be performed within the timescale specified. Generally, a failure to do so will result

If time is of the essence for performance of an obligation under the Agreement and the party responsible does not perform within that time, the other may terminate the Agreement and claim damages.

1 Time to be of the essence of all clauses Each time, date or period referred to in this agreement (including any time, date or period varied

What does time of the essence mean? Where time is 'of the essence' it means that the stated time for completion of an obligation in a contract is a condition of the contract. Failing to comply can therefore allow the innocent party to terminate the contract and claim damages. A construction contract is unlikely to include time of the essence provisions. Liquidated damages, rather than termination, will ordinarily be the remedy for late completion of construction works. Where time is not of the essence, in the absence of other contractual provisions relating to time (or if such provisions are inadequate), there will only be an obligation to perform the contract within a reasonable time. Time is then said to be 'at large' (see Practice Note: Time at large in construction contracts). How does time become of the essence? Whether a stipulation as to time for performance of an obligation is ‘of the essence’ is primarily a question of contractual interpretation. Time will not be considered of the essence unless: • the parties provide expressly that time-bound

In certain defined circumstances, employees have a right to be permitted to take time off during working hours: • to care for, or arrange care for, dependants (as defined), or • when a dependant dies The categories of people who are an employee's dependants for these purposes are confined to those listed below (see Who is a 'dependant'?). The statutory right under section 57A of the Employment Rights Act 1996 (ERA 1996) to unpaid time off work to care for a dependant or when a dependant dies should be considered alongside other rights and protections afforded to employees, and obligations of the employer, such as: • the right to unpaid carer’s leave—see Practice Note: Carer’s leave • the statutory right to neonatal care leave and pay in respect of children who receive neonatal care—see Practice Note: Neonatal care leave and pay • the statutory right to parental bereavement leave and pay in respect of children who die—see Practice Note: Parental bereavement leave and pay • the statutory right to bereaved partner’s paternity leave—see Practice Note: Bereaved partner’s paternity leave

An employer, or where applicable temporary work agency or hirer, cannot unreasonably refuse to allow an employee, or where applicable agency worker, who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with that person, to take time off work for adoption appointments. There are two types of time off work for adoption appointments: paid or unpaid. Where there are two persons each of whom is an employee or qualifying agency worker, as applicable (who may or may not be employed by the same employer), who have been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the two of them jointly, one of them will be entitled to paid time off to attend adoption appointments, and the other to unpaid time off. The two of them must choose which one is to take advantage of the (more extensive) right to paid time off, and which will exercise the (lesser) right to

This Practice Note examines the statutory right to paid time off for antenatal care for pregnant employees and (after 12 weeks) agency workers. It covers the right to unpaid time off to accompany to antenatal appointments, unreasonable refusal of time off, tribunal claims for refusal or failure to pay and detriment or dismissal because of the exercise of such rights. Under the Employment Rights Act 1996 (ERA 1996), an employer or, where applicable, a temporary work agency or hirer, cannot unreasonably refuse to allow a pregnant employee, or where applicable, a pregnant agency worker, to take time off work to attend antenatal appointments for antenatal care. Time off for antenatal appointments for antenatal care must be paid. There is also a separate right to take unpaid time off during working hours to accompany a pregnant woman when she attends an appointment for antenatal care: see: The right to time off to accompany to antenatal appointments, below. There are similar rights to take time off to attend adoption appointments—see Practice Note: Time off work for adoption

This Practice Note examines the rights and protections available to employees who are called to attend jury service, including the right to payment for jurors under the Juries Act 1974, and the rights under the Employment Rights Act 1996 (ERA 1996) not to suffer a detriment and not to be dismissed. There is no statutory right for employees to take time off for jury service under the Employment Rights Act 1996 (ERA 1996); instead employees have the right not to be dismissed or subjected to a detriment for having been summoned for jury service, or absent from work due to a jury summons. Anyone on the electoral register between the ages of 18–75 (inclusive) who has been ordinarily resident for at least five years and is not disqualified may be selected for jury service. Jury service usually lasts for up to ten days. If a trial is likely to last longer than ten days, jury staff will let the individual know. If the trial is shorter than ten days, the individual may be asked to be

This Practice Note outlines the right to time off work for pension scheme trustee duties, as set out in section 58 of the Employment Rights Act 1996 (ERA 1996) including the amount of time off, payment for time off and remedies for a failure to allow time off. It also covers the right to protection from detriment under ERA 1996, s 46 and the right to protection from dismissal under ERA 1996, s 102. ERA 1996 allows employee trustees of a relevant occupational pension scheme or directors of relevant trustee companies reasonable paid time off during working hours to perform any of their duties as a trustee, including attending relevant training courses. For further information, see: Time off for pension scheme trustees, below. It also gives them a right not to be subjected to any detriment by their employer for being a trustee of the employer’s scheme (see Trustee protection from detriment, below) and protects them from dismissal because they are a trustee of the employer’s scheme, or because of performing their trustee

This Practice Note outlines the right to time off work for public duties, as set out in section 50 of the Employment Rights Act 1996 (ERA 1996), including who qualifies, the amount of time off, payment for time off and remedies for a failure to allow time off and related dismissals. Employees are entitled to time off work for a number of statutory reasons. The duration of the leave permitted, and whether or not employers are required to pay for the time off, varies according to the nature of the time off requested. Under ERA 1996, an employee is entitled to reasonable unpaid time off during working hours to carry out one of a prescribed number of public duties. For a sample policy providing time off for an employee for public duties, see Precedent: Policy—time off for public duties. For information: • on the right to time off for carrying out duties as a pension scheme trustee, including attending relevant training courses, see Practice Note: Time off for pension scheme trustees • on rights in

This Practice Note explores time orders—orders that grant debtors under regulated consumer credit agreements, regulated consumer hire agreements or regulated mortgage contracts (RMCs) more time to repay their debts—and outlines the factors the court will consider when determining whether it is just to make such an order. Overview of Time Orders Under sections 129–136 of the Consumer Credit Act 1974 (CCA 1974) a debtor under a regulated consumer credit agreement, a regulated consumer hire agreement or a RMC may be granted more time by the court to repay the debt, if the court considers it just to make such an order. The court may also amend the agreement to address any consequential effects of the time order, such as rescheduling instalments, extending the term of the agreement, or varying any other necessary terms to give effect to the order. Application criteria The combined effect of CCA 1974, ss 129–129A is that a debtor may apply for a time order: • following receipt of a default notice, a calling-in notice, a termination notice, a notice of enforcement action,

FAQs These FAQs supplement our Time recording policy, which can be found [state where, eg on our intranet]. What is matter-related time? All time that you spend on a client’s matter should be recorded as matter-related time, regardless of whether it can be billed. Non matter-related time is all other time you spend on the firm’s business. Matter-related time Non matter-related time Preparation time Printing Standard telephone calls (up to 6 minutes) Business development activities Telephone call over 6 minutes (record as ‘telephone attendance’) Unjamming the printer Writing a standard letter or email (up to 6 minutes) Reading legal updates Writing a letter or email that takes more than 6 minutes (record as preparation time) Attending training Reading incoming correspondence and emails (ensure you provide narrative to justify the time spent and any action plan formulated as a result of the correspondence) Travel to and from work Travel Team meetings (not relating to a client matter) and other internal meetings Advocacy [Insert other, eg photocopying] Attendance [Insert other] [Insert other, eg drafting] [Insert other] [Insert other] [Insert other] How much detail should I include in the narrative? Imagine a colleague will have to attend the court assessment of your bill in your absence. They will have to justify every six