The current system of civil and criminal penalties for employers who employ illegal workers exists for employment commenced from 29 February 2008 under the Immigration, Asylum and Nationality Act 2006 (IANA 2006), and there have been subsequent amendments. See Practice Note: Illegal workers—civil and criminal sanctions. An employer will not be subject to a civil penalty under IANA 2006, s 15 if they have obtained a statutory excuse by completing a valid right to work check prior to the commencement of an individual’s employment. Employees transferring to a company under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), SI 2006/246 are offered a 60-day grace period for the purposes of carrying out a right to work check. This concession is a matter of policy, found in the relevant guidance (see p 29 of the Home Office Guidance). This means that

The lease does not prohibit underletting of the premises. If the lease states that the flat can only be used as a private residential property, then it would be a breach of the lease to use the property for holiday lettings. A residential dwelling is meant to be one which is designed as a dwelling or number of dwellings and is intended for use solely for residential purposes. The issue of whether a holiday letting could be classed as use for residential purposes was considered in the case of Caradon District Council v Paton and Bussell. Caradon District Council had applied for an injunction to restrain the defendants

Interpreting the language and meaning of a restrictive covenant is a contextual exercise, and each case will turn on its own facts (see the observation by Lord Justice Mummery in Risegold Ltd v Escala Ltd that ‘context is everything’). However, save where the context suggests otherwise, the starting point for the construction of a covenant is the natural or ordinary meaning of the words used, or their conventional usage, and the meaning that those words would convey to a reasonable person having all the background knowledge that would have been reasonably available to the parties at the time of their agreement. Meaning of ‘agricultural land’ For the purposes of the principal legislation relating to ‘agricultural land’ (ie the Agriculture Act 1947, the Agriculture Act 1967, Part III of the Agriculture Act 1970, and the Agricultural Holdings Act 1986 (AHA 1986)), that expression means: • land used for agriculture which is so used

A debt for equity swap (DES) is a popular restructuring method; financial creditors receive equity in the restructured vehicle in return for reducing or cancelling their debt claims against the company (and the rest of the group). For guidance on DES, see Practice Note: Debt for equity swaps. Can a DES be done for multiple creditors? A DES can be done undertaken for multiple creditors. The difficulties and indeed the complexities of executing a DES have been exacerbated by the increasingly complicated capital structures that have evolved in leveraged transactions since before the financial crisis. The constant layering of debt (there were some 12 layers of debt confronting those involved in the restructuring of Four Seasons Healthcare) has led to complex intercreditor arrangements that are entered

As explained in Practice Note: Land transactions, chargeable interests and chargeable transactions, a land transaction where there is no chargeable consideration (for which, see Practice Note: SDLT chargeable consideration) is exempt from stamp duty land tax (SDLT) (known as an exempt transaction, see Paragraph 1 of Schedule 3 to the Finance Act 2003 (FA 2003)). However, there are several rules that can override that conclusion, including: • the assumption of debt—as further

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the Regulations), SI 2020/1311 were made on 19 November 2020 and come into force on 4 May 2021 (subject to some exceptions). The Regulations introduce two new moratoria available to individuals in England and Wales with problem debt—the breathing space moratorium and the mental health crisis moratorium. The moratoria restrict enforcement action by creditors and freeze interest, fees and charges on moratoria debts. The Regulations, SI 2020/1311, reg 6 defines a moratorium debt as any ‘qualifying debt’ owed by the debtor at the point at which the application for the moratorium was made. ‘Qualifying debt’ is defined in the Regulations, SI 2020/1311, reg 5 as being any debt or liability other than ‘non-eligible debt’ (our emphasis). Accordingly, unless a personal guarantee given by a director

This Q&A assumes that the query relates to a compensatory award for unfair dismissal. A Personal Independence Payment (PIP) is a disability benefit for which a person may be eligible if they have both a long-term physical or mental health condition or disability, and a difficulty doing certain everyday tasks or getting around because of their condition. It replaces Disability Living Allowance for people between 16 and State Pension age. A person is eligible for PIP even if they are working, have savings, or receive other benefits. PIP is divided into a daily living part, where a person needs help with day to day tasks such as eating, dressing, making decisions about money etc; and a mobility part, where

There are several advantages when a migrant obtains an indefinite leave to remain (ILR). These include but are not limited to: • no time restrictions on their stay • are able to work for any employer without restriction • full access to welfare benefits • are no

It depends. The size of the land indicates to some extent that this is might be a ‘mixed-use’ transaction for the purposes of stamp duty and land tax (SDLT). But the answer ultimately depends on the ‘functional relationship’ of the land with the farmhouse. In particular, does it serve as an appendage to the dwelling house

This question looks at the need for a fire risk assessment under the Regulatory Reform (Fire Safety) Order 2005 (RRO 2005), SI 2005/1541. It is assumed that the block of flats in question is not a higher-risk building for the purposes of the Building Safety Act 2022; for content on higher-risk buildings, see Practice Note: Building Safety Act 2022—higher-risk buildings in occupation and the Accountable Person. A ‘responsible person’ must obtain a fire risk assessment as part of their duties under RRO 2005, SI 2005/1541. In order to ascertain whether a fire risk assessment is needed for a particular property, it is necessary to establish whether RRO 2005, SI 2005/1541 applies to the property or any part of the property. ‘Responsible person’ is defined in

Under section 29(1) of the Equality Act 2010 (EqA 2010), a service provider is ‘a person…concerned with the provision of a service to the public or a section of the public (for payment or not)’. There can be little doubt that, under this definition, a firm of solicitors would be a service provider. This is certainly the opinion of the Law Society (see Law Society Practice Note: Equality Act 2010). The Equality and Human Rights Commission guidance: Services, Public functions and Associations: Statutory Code of Practice (the Code) also provides, at 11.3, that solicitors are service providers covered by EqA 2010. The duty of a service provider under EqA 2010, s 29(1) is not to ‘discriminate against a person requiring the service by not providing the person with the service’. A ‘person requiring the service’ is defined

Estate rentcharges can be either for a fixed amount or for a variable amount (but anything more than a nominal sum must be reasonable in relation to the covenant). While very rarely used, section 121 of the Law of Property Act 1925 (LPA 1925) contains provision for the rent owner of a rentcharge to enforce payment of the sum due after the expiration of 40 days to enter into possession of the land charged and to hold it and take the income from