Leave Definition

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Drafting checklist for claim or response—unfair dismissal: redundancy

Drafting checklist for claim or response—unfair dismissal: redundancy Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service, or does an exception apply? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Practice Note: Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables. See Practice Note: Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great...

IR35—the large and public client off-payroll regime—private sector checklist

IR35—the large and public client off-payroll regime—private sector checklist Under the large and public client off-payroll regime, medium and large private sector businesses with a UK connection are responsible for: • assessing whether IR35 applies to an engagement with an off-payroll worker, and • in certain circumstances as described further below, operating Pay As You Earn (PAYE) and accounting for employer National Insurance contributions (NICs) on payments made to off-payroll workers For more on the IR35 rules generally, see Practice Note: IR35—introduction, developments and key difficulties. For more on the large and public client off-payroll regime, see Practice Note: IR35—the large and public client off-payroll regime. For guidance on the practical issues facing the end client and, if different, the fee payer, when an arrangement falls within the large and public client off-payroll regime, see Practice Notes: IR35—the large and public client off–payroll regime—practical considerations for the end client and IR35—the large and public client off–payroll regime—practical considerations for the fee-payer respectively. This Checklist considers the issues that a private...

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Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—principles behind leave being granted

This practice note discusses the ability for a disqualified director to apply for permission to act as a director despite disqualification, using s 17 of the Company Directors Disqualification Act 1986 (CDDA 1986). It looks at some general background to the law in this area, and then specifically what factors may be taken into account by the court when deciding whether to allow leave or not. For details on the procedure to apply for leave, see Practice Note: Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—jurisdiction, parties and the application procedure. For details on the conditions that the court might impose in allowing leave, see Practice Note: Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—possible conditions attached to leave.A director can be disqualified under a number of different statutory provisions. For the purposes of these notes on permission, we look at disqualification under CDDA 1986, ss 6, 8, 10, 11...

Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—possible conditions attached to leave

Applications for leave to act as a director, and the possible conditions attached to leaveOnce a director is disqualified under CDDA 1986, he may apply to the court for permission to act as a director of a specific company or companies.Whether leave is granted is entirely within the discretion of the court. The court will look to the Secretary of State (SoS) for guidance, but ultimately the decision rests with the court.Of paramount consideration when agreeing to grant leave, is the need to protect the public to prevent misconduct from occurring in the future. The court must consider the risk to the public, and balance this against the need for the director to remain as a director of a particular company or companies. For a full discussion on what factors the court will consider when applying its discretion, see Practice Note: Applications for leave to act as a director, under section 17 of the Company Directors Disqualification Act 1986—principles behind leave being granted.In order to protect the public, if...

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Explanatory note for a client's Will—to spouse on flexible life interest trust with remainder on discretionary trust

Explanatory note for a client's Will—to spouse on flexible life interest trust with remainder on discretionary trust STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. [Your] Will—[name of testator]—explanatory note This explanatory note explains the main provisions of your Will. Please read this explanatory note and your Will carefully....

Letter—persistent, intermittent, short-term sickness absence (3): to employee confirming dismissal on notice (following previous warnings)

Letter—persistent, intermittent, short-term sickness absence (3): to employee confirming dismissal on notice (following previous warnings) [ To be typed on headed notepaper of employer ] [Date] Dear [insert name of employee], Re: [insert name of employer] (the Company) I am writing to [inform you of OR confirm] the Company's decision made after the capability meeting held on [insert date][, at which you were accompanied by [insert name],]. Our letter dated [insert date of final written warning] informed you that you had been given a final written warning in accordance with the Company's [Performance and capability procedure]. In that letter you were warned that you were likely to face dismissal if you did not meet the required improvement in attendance, namely: [set out required improvement and timescale as set out in final written warning]. [As a result of information provided by you at the capability meeting, we have disregarded the absence[s] on [insert date(s)] which were due to [insert reasons for absence, eg holiday, parental leave, time...

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What practical tips are there for conducting a remote mediation?

What practical tips are there for conducting a remote mediation? Practical tips for the mediator • never move a participant without being in the room with them, and announce the move clearly so they can acknowledge it. Being moved without adequate notice can be disconcerting • don’t rush the process. As parties get to grips with video mediation, progress can seem slow but in reality it is usually quicker with moves between rooms and settlement agreement drafting in particular being much quicker • get the mediation agreement signed in advance so you aren't spending time on the day agreeing the terms and sending to the parties and getting signatures etc Practical tips for the lawyer • recognise that you are going to have to do much more planning around the shape of the mediation • consider whether the mediation should be conducted over a number of conversations over a number of days, with a long stop • as external counsel prepare the client as you won't be in the same physical room. Decide how to...

As an employer, how should I handle staff absences due to travel disruption?

As an employer, how should I handle staff absences due to travel disruption? This Q&A examines the legal and practical issues an employer should consider when dealing with employees who are absent due to travel disruption caused by adverse weather conditions and/or industrial action or major incidents. Practical issues When adverse weather and the resultant travel chaos, or travel disruption caused by industrial action or major incidents affect employees’ ability to get to work on time or, in some cases, at all, there are a number of practical steps an employer can consider taking in order to reduce business disruption, avoid any confusion and minimise potential employment law claims: • implement an adverse weather and travel disruption policy or include appropriate provisions within an existing absence management policy and ensure all employees are aware of the policy and its contents—see main section: Policy below • develop a business continuity plan to cover, for example, unforeseen critical staff absence or widespread staff absence, temporary closure of the business and alternative ...

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EU design reforms signal its time to review portfolios

Law360, London: In-house IP professionals need to start evaluating their companies' design portfolios ahead of the imminent arrival of new, enhanced European design reforms in order to future-proof their IP strategy, lawyers say.

CIPD publishes research warning of Employment Rights Bill's unintended consequences

The Chartered Institute of Personnel and Development (CIPD) has published research suggesting that key measures in the Employment Rights Bill, currently progressing through the House of Lords, could have unintended negative effects on employment. The analysis, which is based on the CIPD’s Labour Market Outlook – Winter 2024/25 report, focuses on the unfair dismissal, statutory probation period, fire and rehire, guaranteed hours, Statutory Sick Pay (SSP), day one paternity leave and unpaid parental leave and trade union provisions of the ERB.

GLOSSARY

What does Leave mean?

View the related checklists about Leave

Drafting checklist for claim or response—unfair dismissal: redundancy

IR35—the large and public client off-payroll regime—private sector checklist

View the related practice notes about Leave

Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—principles behind leave being granted

Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—possible conditions attached to leave

View the related precedents about Leave

Explanatory note for a client's Will—to spouse on flexible life interest trust with remainder on discretionary trust

Letter—persistent, intermittent, short-term sickness absence (3): to employee confirming dismissal on notice (following previous warnings)

View the related q&as about Leave

What practical tips are there for conducting a remote mediation?

As an employer, how should I handle staff absences due to travel disruption?

View the related News about Leave

EU design reforms signal its time to review portfolios

CIPD publishes research warning of Employment Rights Bill's unintended consequences

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GLOSSARY

Leave definition

What does Leave mean?

View the related checklists about Leave

Drafting checklist for claim or response—unfair dismissal: redundancy

IR35—the large and public client off-payroll regime—private sector checklist

View the related practice notes about Leave

Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—principles behind leave being granted

Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—possible conditions attached to leave

View the related precedents about Leave

Explanatory note for a client's Will—to spouse on flexible life interest trust with remainder on discretionary trust

Letter—persistent, intermittent, short-term sickness absence (3): to employee confirming dismissal on notice (following previous warnings)

View the related q&as about Leave

What practical tips are there for conducting a remote mediation?

As an employer, how should I handle staff absences due to travel disruption?

View the related News about Leave

EU design reforms signal its time to review portfolios

CIPD publishes research warning of Employment Rights Bill's unintended consequences

Call us on

Popular Links

HELP & SUPPORT

LEGAL SOLUTIONS

Policies