The statutory scheme of apprenticeship agreements was brought into force in 2011 under the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA 2009). The current, simplified scheme of approved English apprenticeships (relying on approved apprenticeship standards) was introduced from 26 May 2015. The old English apprenticeships scheme (relying on recognised English frameworks) continues to operate under transitional provisions. For information on apprenticeships generally, see Practice Note: Apprenticeships. An approved English apprenticeship must take

For further information, generally, about: • payments in lieu of notice, see Practice Note: Payment in lieu of notice (PILON) • unlawful deduction from wages, see Practice Note: Deductions from wages In order to qualify for the wage protection provisions in sections 13–17 of the Employment Rights Act 1996 (ERA 1996), the payment in question must fall within the definition of ‘wages’ set out in ERA 1996, s 27. For further information, see Practice Note: Deductions from wages, under the section on ‘definition of wages’. In Delaney v Staples, the House of Lords held that payment in lieu of notice did not constitute 'wages' under the definition in the Wages Act 1986 (WA 1986) (now to be found in ERA 1996, s 27(1)). The essential characteristic

For further information, generally, about payments in lieu of notice, see Practice Note: Payment in lieu of notice (PILON). Where an employer terminates an employee’s contract of employment in reliance on a payment in lieu of notice (PILON) provision in the contract, any subsequent non-payment of the PILON may give rise to a claim in debt or a claim for damages for wrongful dismissal, depending on the precise wording of the provision in question. In Abraham v Performing Rights Society Ltd, the Court of Appeal held that the specific wording of the PILON provision in that case entitled the employee to a notice payment as a contractual debt. In particular, the CA held that where the contract of employment contained an express provision stipulating that it could be terminated by the

A relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 may take the form of a business transfer or a service provision change. For further information, see Practice Notes: • TUPE—business transfers • TUPE—service provision changes For information on the transfer of employees under TUPE 2006, SI 2006/246, see Practice Note: TUPE—transfer of employees. A business transfer under TUPE 2006, SI 2006/246, reg 3(1)(a) occurs where there is a transfer of an undertaking or business (or part of an undertaking or business) situated immediately before the transfer in the UK to another person where there is a transfer of an economic entity and the economic entity retains its identity after the transfer. There are therefore three key elements: • an undertaking or business, or part of an undertaking or business, that constitutes an economic entity

This Q&A assumes for the purposes of this query that the employee in question is not an irregular hours, or part-year, worker. For further information about irregular hours, or part-year, workers, see Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. A worker’s basic right to time off arises under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, which implement Directive 2003/88/EC, the Working Time Directive (WTD), and provides workers with a statutory entitlement of 5.6 weeks’ annual paid holiday during each ‘leave year’. This statutory entitlement is made up of the ‘basic entitlement’ of four weeks derived from the WTD and an additional 1.6 weeks’ entitlement provided for by the WTR 1998, SI 1998/1833. For further information, generally see Practice Note: Statutory

The Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) sets out detailed and mandatory requirements for the election to various senior position within a trade union, including Members of the Executive Committee (EC), the President and the General Secretary. It is easy for a trade union to fall foul of the complex statutory requirements or of its own Rules in the conduct of the elections or eligibility requirements. However, if the union fails in its duty to

As noted in Q&A: Where the executors named in a deceased individual’s Will have renounced and the estate passes to minors, but where only one of the minors’ parents is available or suitable to act in obtaining a grant of administration (with Will annexed) for the use and benefit of the minors, who should apply for the grant? where there are two administrators required as one of the residuary beneficiaries is a minor and there is only one adult residuary beneficiary, then the minor beneficiary's (surviving) parent is entitled to apply for a limited grant on behalf of the minor alongside

While inheritance tax (IHT) on death generally becomes due six months after the end of the month in which the individual died, certain property may qualify for the 'instalment option' under sections 227–228 of the Inheritance Tax Act 1984 (IHTA 1984). These provisions have the effect that the IHT attributable to the qualifying property can be paid in ten equal annual instalments. The personal representatives (PRs) elect for the instalment option in the Form IHT400. The first instalment is payable on the usual 'due date', being six months from the end of the month of the individual's death and subsequent instalments are due at annual intervals and the final payment is due nine years later (ie, nine years and

A grant of administration (with the Will annexed) is required where the deceased left a Will but no executor is able and willing to prove it. Priority to a grant of administration with Will annexed is set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 20. To obtain a grant of administration with Will annexed the statement of truth must: • account for, ie ‘clear off’, all persons with a prior right • indicate the capacity in which the applicant is entitled • deal with the question of executors, eg stating that none were appointed or that they have predeceased or renounced • state whether there is a

We assume the Q&A is referring to the executors appointed by the Will and that they have either predeceased the testator or renounced probate. It is the role of the personal representatives (ie the executors or administrators) to collect the deceased’s assets, discharge their

This Q&A covers the situation where the executors have in no measure intermeddled with the estate. This Q&A is limited to considering the situation after formal renunciation has taken place. See: Renunciation of probate and consent to trust corporation applying: Encyclopaedia of Forms and Precedents [2159] which may be adapted for use where the executors of a will wish to renounce their executorship. Pursuant to section 5 of the Administration

A proprietary estoppel is unlike other forms of estoppel in that it is a means of creating rights in property and gives rise to a cause of action (and as such it is not limited to use 'as a shield, not a sword’). A proprietary estoppel arises where: • an owner of land (D) makes an assurance or promise, or gives encouragement, to another party (C) to believe that they have or will enjoy some right or benefit over D’s property