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PRACTICE NOTES
This Practice Note looks at: • what is meant by ‘the gender pay gap’ and other pay gaps related to a protected characteristic, eg ethnicity and disability pay gaps • what recent reports from the Office for National Statistics (ONS) reveal about these pay gaps • general causes or features of the gender, ethnicity and disability pay gaps • ways in which an employer can identify causes of pay gaps that specifically affect its workforce, eg where in the organisation they are arising and factors contributing to them • measures an employer can implement or adopt to improve its pay gaps Pay gap reporting can be a tangible way for an employer to show progress under the S (social) of ESG (environmental, social and governance). For further information, see: News Analysis: ESG: Pay Gap Reporting—a tangible way to show progress under the S. For more information on ESG generally, see: Sustainable business and responsible business: employment issues and Practice Note: ESG and sustainability toolkit—user guidance. It should be noted at the
PRACTICE NOTES
This Practice Note provides an overview of strategy (what it is and why it is important) and suggests matters to consider which impact on strategy for in-house lawyers. It also sets out the basics of various tools and techniques associated with putting together an effective strategy. By knowing more about how strategies are put together and having better insight into your own company’s strategy will enable you more effectively to contribute to your business, with a deeper understanding of business decision making. It will enable you to get a clearer insight into where best to put your priorities. For further guidance, see Practice Notes: Aligning the legal team to the business and Creating a compelling strategy for the in-house legal team. What do we mean by strategy? Lawyers like to start by defining their terms. Every business management textbook has a different definition for the terms ‘objectives’ and ‘strategy’, but in this Practice Note: • the term ‘objectives’ is used to mean the ways in which the overall organisation seeks to achieve its goals and aims in the context of its industry and markets.
PRECEDENTS
This Precedent Understanding business strategy—exercise for in-house lawyers aims to give you the basics of the various tools and techniques associated with putting together an effective strategy. By knowing more about how strategies are put together and having better insight into your own organisation’s strategy, you should be able more effectively to contribute to your business, with a deeper understanding of business decision making. It will enable you to gain clearer insight into where best to put your priorities. Not all the approaches will be appropriate for your business and completing the exercise is not going to give you all the answers for your organisation, but it will help to stimulate your thoughts and start some useful conversations on strategy in your organisation. It is unlikely that you will know the answer to all these questions, and you may well want to qualify some of your answers. You should use this exercise to ask those with business knowledge in these areas to give you a fuller understanding of strategy in your organisation.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. UK insurers are required to file annual accounts under the Companies Act 2006. An insurer’s accounts are subject to other reporting standards, such as the UK Financial Reporting Standards, issued by the Financial Reporting Council, or the International Financial Reporting Standards, from the International Accounting Standards Board (required in the EU under the International Accounting Standards Regulation and optional for UK insurers). Although insurers have the same reporting duties as other companies to declare general accounting calculations such as operating ratio and gross profit, there are certain declarations that insurers must make in relation to premiums in its financial accounts and to its regulators, the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). This Practice Note provides an introduction to understanding key terminology that are used in connection with insurer’s accounts and what it means in practice. For a general glossary, see: Glossary of insurance and reinsurance terms. Insurance premium and loss reserves An insurance premium is the sum paid for
PRACTICE NOTES
Business plans vs business cases People are generally familiar with business plans, or at least aware of them, even if they have not had to prepare one themselves. Business plans are generally prepared by organisations for a specific purpose, typically to present to external parties, eg banks, venture capitalists and private equity companies, to encourage financial or other investment in the organisation. They generally adopt a fairly standard format, for example setting out: • the goals of the organisation • details of its competitors • a strengths, weaknesses, opportunities and threats (SWOT) analysis • financial projections Often the terms 'business plan' and 'business case' are confused and used interchangeably but it is important to differentiate between the two. Both business plans and business cases are similar in that they are prepared for the purpose of seeking some form of investment and set out how the investment will be implemented and invested. However, the two differ in the following ways: Business plans Business cases Normally externally facing documents prepared for unrelated third parties, eg outside investors
PRACTICE NOTES
This Practice Note will explore what we mean by mental health and well-being, as well as the meaning of some of the terms commonly (mis)used around the subject including: stress, anxiety and depression. Positive well-being cannot be promoted without an understanding of the common issues that arise in the workplace. The aim of this Practice Note is to help you understand the impact that different mental illnesses have on people so that you can be aware of problems that might develop and are better placed to implement an effective well-being strategy. The spectrum of mental health When we talk about our physical health, we are very used to thinking in terms of positive health on one side of a spectrum where everything is functioning optimally and we are fit and healthy, and grave illness of whatever kind on the other, with a whole range of milder symptoms and conditions or illnesses in between. Equally, what the positive side of the spectrum will look like will be different for everyone. An Olympic athlete
NEWS
Family analysis: How does the court approach allegations of non-disclosure, conduct and requests for adverse inferences to be drawn in financial remedy proceedings?
PRACTICE NOTES
This Practice Note considers the review of official copy entries (commonly called OCEs) relating to the title of a property registered at HM Land Registry in an enforcement scenario. It considers the basic items that should form part of a security review and advice to a mortgagee or receivers on an appointment. Matters which are appropriate to a real estate report on title are not the subject of this Practice Note. For information on how to obtain OCEs from HM Land Registry, see Practice Note: How to obtain official copies of the register from HM Land Registry. The land register and title plan Where a mortgagee is considering the appointment of, or has appointed, a receiver over a property, you should obtain from HM Land Registry the OCE relating to the property. This is important for confirming that the security pursuant to which the receiver is to be appointed is valid, will assist with determining priority of security where more than one security interest exists, and also to alert
CHECKLISTS
This Checklist is intended for in-house lawyers. It suggests role-based practical actions to help improve your understanding of how your organisation operates and how the legal team can support operational effectiveness. These actions are designed to provide insight into how value is created, how operational decisions are made, where the legal team’s work connects to operational priorities, and how artificial intelligence (AI) may affect both business operations and legal service delivery. In the context of this Checklist: • an individual contributor means an in-house lawyer who does not manage a team or function • a functional or people manager means an in-house lawyer with responsibility for leading a team or managing part of the legal function • an enterprise leader means a senior legal leader who operates at organisational level, engaging directly with the executive team and the board For guidance on understanding and managing operations for in-house lawyers, see Practice Notes: • Managing operations for in-house lawyers—core concepts • Managing operations for in-house lawyers—process management and value chain • Managing operations for in-house lawyers—measurement and improvement • Applying
CHECKLISTS
This Checklist is designed to help in-house lawyers understand how process management works in their organisation and within the legal function itself. It suggests exploratory questions to help you map how work flows, identify where legal input adds most value and strengthen relationships with operational colleagues. Understanding your organisation’s processes Use these questions to explore how process management works in your organisation. Some organisations have mature process mapping practices, others have never formalised it. Either way, asking these questions will build your understanding and your relationships. If your organisation hasn't formally mapped its processes, these questions still have value. They prompt operational colleagues to articulate how work actually flows—which is often different from how the org chart suggests it should flow. For further guidance on process management in operations, and how this applies to the in-house legal function, see Practice Note: Managing operations—process management and value chain for in-house lawyers. Question to explore Response What it tells you Why it’s important Has the organisation mapped its key business processes? Whether formal
PRACTICE NOTES
This Practice Note considers the characteristics of a share in a company and the most common classes of shares that a company may have. Meaning of 'share' The Companies Act 2006 (CA 2006) merely provides that a 'share' is a share in the company’s share capital. References to shares in CA 2006 also include stock, unless there is a distinction made between shares and stock. Stock is the aggregate of any number of fully paid shares, which can be held without any regard to the original nominal value of the shares. Stock can be transferred or split up into fractions, without any regard to the shares' nominal value. The historic reason why companies used to convert shares into stock is that, prior the Companies Act 1948, there was a requirement to give each share a distinctive number, which created administrative difficulties for companies. There was no equivalent requirement for stock. A company’s shares may no longer be converted into stock. However, stock created before 1 October 2009 may be reconverted into shares by way of ordinary resolution
NEWS
Commercial analysis: The Product Regulation and Metrology Act 2025 (PRMA 2025) marks the beginning of reform of the UK’s product safety regime. Kate Corby, partner, and Lauren Webb, trainee solicitor, at Baker McKenzie, discuss the purpose, background, and key provisions of PRMA 2025, as well as what is likely to happen next.