In cases involving unfair dismissal, redundancy and various other individual employment rights, where a claimant dies, proceedings can be instituted

The effect of a special guardianship order (SGO) is that, while the order remains in force, the special guardian appointed by the order has parental responsibility for the child in respect of whom it is made. Subject to any other order in force relating to the child under the Children Act 1989 (ChA 1989), parental responsibility can be exercised by the special

Skilled Worker salaries—how they are calculated in relation to accommodation and when to report changes This Q&A deals with one aspect of the consideration of the salary an employee may receive and what is and is not considered as the salary for the purposes of a Skilled Worker visa. It goes on to look at what needs to be reported to the Home Office in the event of a change to the salary. It is not clear from the question what ‘deducting accommodation costs’ means; two usual ways which accommodation can form part of pay/benefits packages are either where an employer pays an accommodation allowance, which can be treated as a taxable benefit, or by means of providing accommodation free of charge to the employee. There is no explicit mention of the latter at all in the Immigration

This Q&A addresses whether a person who has permission in a Workers or Temporary Workers category can continue to work lawfully in two particular situations. These are: • where they have applied for permission to stay (in the same or another category), or settlement, and the end date of their current Certificate of Sponsorship (CoS) passes while the application is still pending, and • where their previous sponsor no longer has a sponsor licence but the Home Office has not yet cancelled their permission to stay, eg where the licence has been revoked or surrendered, or following a restructure where the new entity to which they have been transferred does not have and has not applied for a sponsor licence As explained in various Practice Notes dealing with Workers and Temporary Workers categories, including Practice Note: Sponsoring a Skilled Worker, a sponsor issues a CoS for each of their sponsored workers. This CoS covers the duration

Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse or civil partner is entitled to occupy a dwelling-house by virtue of either a beneficial interest or a statutory enactment and the other spouse or civil partner is not so entitled, certain rights, known as ‘home rights’ will accrue to the latter. Those rights are the right if in occupation not to be evicted or excluded from the dwelling-house in question by the spouse or civil partner, and the right if not in occupation with the permission of the court to go into occupation. FLA 1996, s 30(7) makes clear that

If two people are married (or in a civil partnership), and a property is owned solely in one spouse’s name, the other spouse can apply for a home rights notice to ensure that their rights in the matrimonial property are protected. This is done by filling in a HR1 Form and sending it to the Land Registry who can then register a notice. Section 30 of the Family Law Act 1996 (FLA 1996) created the concept of home rights. It grants the non-owning spouse or civil partner the right to not be evicted or excluded from the matrimonial or civil partnership home (except by way of an occupation order), and to enter and occupy that home with the leave of the court if

LexisNexis® Employment are not aware of any case law on this specific issue. It may, however, be useful to consider: • whether the counsellor will attend voluntarily, or whether a witness order would be required • the nature of the evidence the counsellor is expected to give • the

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides that, where a tenancy falls within its provisions and they are not excluded, a business tenancy continues notwithstanding the expiry of its contractual term until terminated in accordance with the provisions of LTA 1954. The procedure contained within LTA 1954 allows either the landlord or the tenant to serve a notice. A landlord can serve a section 25 notice setting a date from which the tenancy comes to an end and state whether or not they are opposed to a new tenancy being granted. The tenant can serve a notice under LTA 1954, s 26 seeking a new tenancy. In the event that a new tenancy or terms cannot be agreed, the court will make a determination.

We have assumed that the company in question was incorporated under Maltese law. The key to answering this question is to understand what it means to 'enforce' a statutory demand—presumably this means to present a winding-up petition where the debt demanded remains unpaid more than 21 days (or some other period) following service. In that case, the first consideration would be whether the courts in England and Wales would have jurisdiction to wind up a company with its registered office situated in Malta. Malta is an EU Member State, and therefore the Recast Regulation on Insolvency, Regulation (EU) 848/2015, would apply. Jurisdiction to open main proceedings is granted to the courts of the Member State where the debtor has its center of main interests (COMI). Article 3(1) of Regulation (EU) 848/2015 provides that—(i) the COMI shall be the place where the debtor conducts the administration

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. A statutory demand is a formal demand for payment of a debt served by a creditor on its debtor in a standard, prescribed form. It is not issued by the court and has been described as an ‘extra-judicial’ document and a non-legal process (see Re a Debtor (No 88 of 1991)). It is an important method of proving the insolvency of a debtor ahead of issuing

In answering this Q&A it has been assumed that the debtor’s centre of main interests is in England and Wales. A statutory demand is served on a debtor under section 268 of the Insolvency Act 1986 (IA 1986) by a creditor owed more than £5,000 (the bankruptcy level) by an individual debtor or under IA 1986, s 123 by a creditor owed more than £750 by a debtor that is also a limited company. If payment in full of the outstanding debt is not received by the creditor within 21 days of the service of the statutory demand then this is legal proof that the corporate debtor is insolvent and that the individual

Statutory undertakers’ powers of entry under section 172 of the Housing and Planning Act 2016 Section 172(1) of the Housing and Planning Act 2016 (HPA 2016) allows a person authorised in writing by an acquiring authority to enter and survey or value land in connection with a proposal to acquire an interest or a right over land. For the purposes of this section, an acquiring authority is defined as a person who could be authorised to acquire compulsorily the land to which the proposal relates (regardless of whether the proposal is to acquire an interest or a right over the land or to take temporary position of it). This, therefore, extends to all authorities possessing powers of compulsory purchase including statutory