Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 7 where, either before or after a TUPE transfer, any employee of the transferor or transferee is dismissed, that dismissal will be automatically unfair if the sole or principal reason for the dismissal is the TUPE transfer, unless the sole or principal reason for the dismissal is an economic, technical or organisational reason (ETO reason) entailing changes in the workforce, in which case regulation 7(1) does not apply. For further information on: • whether a dismissal is by reason of the transfer, see ‘Dismissal by reason of the transfer’ in Practice Note: TUPE—protection against dismissal • ETO reasons for dismissal, see the section on ‘ETO reasons’ in Practice Note: TUPE—protection against dismissal If there is genuinely an ETO reason for the dismissal,

According to the Acas Code of Practice on disciplinary and grievance procedures, it is one of the elements of a fair disciplinary or grievance process that employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions. In particular, in relation to grievances: • employers should arrange for a formal meeting to be held without unreasonable delay after a grievance is received, and • decisions should be communicated to the employee without unreasonable delay For further information, see Practice Notes: • Dealing with a grievance • Acas disciplinary and grievance code—procedural requirements • Acas disciplinary and grievance code—effect of non-compliance The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 provide that, where there is a relevant transfer, there is a statutory

Where there is a business transfer or service provision change amounting to a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006), the transferor and the transferee have certain obligations to inform and consult. For further information, generally, see Practice Note: TUPE—information and consultation. The obligations to inform and consult apply to any employer with employees who may be 'affected' by the transfer or 'measures' connected with it. This will always include the transferor in relation to the transferring employees but, in addition: • the transferor may have to inform and consult with any non-transferring workforce if it may be affected

A restriction can be entered in the register and indicates that the proprietor's powers of disposition are fettered in some way. Its effect is to prevent the registration of a disposition, or to require certain steps to be taken before a disposition can be registered (eg providing evidence of consent given by the person with the benefit of the restriction). The restriction may prohibit the registration of any disposition or may be limited to a disposition of a specified kind. It may prohibit the making of an entry indefinitely or for a particular period or until the occurrence of a specified event such as the giving of notice, obtaining of consent or the making of an order by the registrar or the court. A restriction is generally used for one of two purposes: • to protect the

Full title guarantee Where a seller transfers the property with full title guarantee, one of the implied covenants for title is that the seller is disposing of the property free from all charges and encumbrances and from all other third-party rights, other than rights about which the seller does not and could not reasonably be expected to know. See section 3 of Law of Property (Miscellaneous Provisions) Act 1994 LP(MP)A 1994. In addition, to the carve out above, the seller not liable under this covenant for any matter which, at the time of the disposition, is either: • within the buyer's actual knowledge, or • is a necessary consequence of facts within the buyer's actual knowledge See: LP(MP)A 1994, s 6(2). The Standard Commercial Property Conditions

Where a freeholder seeks to demise their land, or part of their land, and that land is benefited by rights over third party land, it will be highly important that the tenant ensures that they obtain the same rights as the freeholder. This is particularly important if the land is otherwise landlocked, and, as a result, the only way of accessing the land is via a right of way. A right of way is a right granted to dominant land over adjoining servient land which allows the user of the dominant land to access it over the servient land or a defined part thereof. The right may be limited, for example to the right to pass and repass on foot, or may be a general right allowing

The court has no jurisdiction to make an interim property adjustment order, per the Court of Appeal decision in Wicks v Wicks. In addition, section 24A of the Matrimonial Causes Act 1973 provides that an order for the sale of property may only be made on or after the making of an order for periodical payments, a lump sum order, a property adjustment order, or a legal services payment order and generally such orders (save for a legal services payment order) will be made at a final hearing or be contained within a final order

The validity or otherwise of repayments to a director or shareholder depends upon the circumstances of the company. If the company is solvent, it is obliged to repay its debts in the usual course of its business, subject to the rights of creditors to pursue them for not doing so. There is nothing inherently wrong with the Board electing to repay loans from those ‘close to home’ before satisfying third party debts but the company should repay its debts within the relevant contracted terms of business. See Practice Notes: Directors’ duties: companies in financial difficulties and Directors’ duties: companies in financial difficulties. More difficult issues arise and statute intervenes when the

Section 40(1) of the Land Registration Act 2002 (LRA 2002) provides for entries in the register preventing or regulating the making of an entry in the register in respect of any disposition or a disposition of a specified kind (a restriction). The purpose of a restriction is to give notice to third parties dealing with the registered proprietor that the latter’s general powers to make a disposition of virtually any kind (LRA 2002, s 23(1)) is limited by the terms of that restriction (LRA 2002, s 26). The entry of a restriction into the register also preserves the order of priority of that restriction. Those with a prior interest are not affected by a later disposition (LRA

This Q&A assumes that: • this is a business to business contract • the prices concerned are in respect of generic goods, which are not subject to specific sector or industry regulation There are a number of variables within this question which require consideration and could affect the conclusion, including: • whether the reference to ‘each version’ indicates a sequential versioning of a standard form set of terms and conditions of business of an individual company which it publishes from time to time, and in which case it would need

Exactly how the contractual tenancy is terminated after one year will depend on the terms of the tenancy agreement. A break option usually requires notice to be given to the tenant of the landlord’s intention to break the tenancy and they usually require this notice to be given in advance of the break date. A landlord or tenant can serve a break notice terminating the fixed-term assured shorthold tenancy

If a person makes a transfer of value of any property for inheritance tax purposes which falls within the conditions set out in section 102 of the Finance Act 1986 (FA 1986), then subject to the exemptions in FA 1986, Pt V and FA 1986, Sch 20, that property (defined as 'property subject to a reservation') shall be treated for the purposes of the Inheritance Tax Act 1984