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In this issue: Employment contract Horizon scanning Pensions Tax Prohibited conduct (discrimination etc) Data protection and employee information Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Employment contract Supreme Court reinstates High Court injunction preventing Tesco from ‘firing and rehiring’ employees on less favourable terms. In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28, the Supreme Court, unanimously and led by Lord Burrows and Lady Simler, upheld the High Court’s stance, reviving the injunction that bars Tesco from dismissing staff in order to strip them of a ‘permanent’ contractual entitlement to retained pay, then proposing re‑engagement without it. An implied term in the contracts curtailed Tesco’s ability to rely on dismissal rights for that end. Commentary on the ruling is provided by Neil Todd of Thompsons Solicitors; Jonathan Chamberlain and Connie Cliff of Gowling WLG; Philip Harman...
In this issue Key developments UK immigration control: how it works Sponsored work Work sponsorship: sponsors Students EU law rights and EU settlement Challenging immigration decisions and enforcement Preventing illegal working Daily and weekly news alerts New and updated content New Q&As Key developments Future developments—Immigration calendar Our Immigration calendar sets out key forthcoming developments for business immigration advisers. UK immigration control: how it works IHS rises to come into force from 6 February 2024 The Immigration (Health Charge) (Amendment) Order 2024, SI 2024/55, was made on 16 January 2024. Under article 1(2) of the Order, it comes into effect 21 days later, on 6 February 2024. The measure increases the Immigration Health Surcharge from £470 to £776 per annum for students, their dependants, Youth Mobility Scheme applicants and children under 18. For all other applications that must pay the Health Charge, the annual IHS rises from £624 to...
Applications submitted before this date will be determined under the Rules in effect on 30 November 2020. See: LNB News 22/10/2020 80. The Migration Advisory Committee (MAC) has been asked to examine the Intra-Company Transfer route and to report on issues including salary and skill thresholds, whether separate arrangements should exist for high earners, and points of divergence from the Skilled Worker route. The MAC aims to provide its findings by the end of October 2021. Any adjustments to the route are expected to follow in 2022. See: LNB News 07/10/2020 76. Appendix Intra-Company Routes The Tier 2 (Intra-Company Transfer) (ICT) route will be retitled as the Intra-Company routes, as flagged in the Home Office’s July 2020 further details paper. The two strands are the core Intra-Company Transfer and the Intra-Company Graduate Transferee. Provisions currently located in Part 6A and Appendix A are being revoked and replaced with a new ‘Appendix Intra-Company Routes’, which also delineates the rules for dependants. References to dependants of Tier 2 (ICT) migrants...
A software audit arises when a software supplier seeks confirmation that a customer’s use of licensed software complies with the terms of the granted licence, and requests verification of that compliance. Such reviews confirm adherence to permissions granted. This Practice Note offers guidance on: the purpose of a software audit and the exposure for customers circumstances that might prompt an audit preparing for the prospect of an audit the manner in which the audited organisation should run the audit how the audited organisation should address the final report, including dealing with adverse findings and negotiations It also addresses litigation connected to software audits. This Practice Note is based on the audit practices of leading international software suppliers. The guidance in this Practice Note should be applied and adapted on a case-by-case basis, as appropriate in the circumstances. The role of an audit and the risk for customers The audit notice The process typically starts with the...
This Practice Note sets out the statutory framework in the Companies Act 2006 (CA 2006) and related legislation covering how an auditor’s report must be filed, circulated and made public. For guidance on when an auditor’s report is required and what it should contain, see Practice Note: When to audit company accounts and the content of the auditor’s report. Additional regimes may govern audit obligations for a listed company, an AIM company, or an entity with securities admitted to the AQSE Main Market, AQSE Growth Market or AQSE Trading (previously NEX Exchange Main Board, NEX Exchange Growth Market and NEX Exchange Secondary Market); however, those lie beyond this Practice Note. Signing the auditor’s report The report must show the auditor’s name and bear a signature and date. If the auditor is an individual, that person must sign. If the auditor is a firm, the senior statutory auditor must sign in their own name, on behalf of the firm. Where multiple persons are appointed as auditor, every appointee must...
This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where relevant) Absolute insolvency Meaning: When a person’s liabilities are greater than the overall worth of their assets. Nearest English equivalent: Balance sheet insolvency. Accountant in Bankruptcy (AiB) Meaning: A Scottish Government agency overseeing the regulation of personal bankruptcy (sequestration and Protected Trust Deeds) in Scotland, and able to serve as trustee in sequestrations where no insolvency practitioner is appointed. It also maintains records of corporate insolvencies in Scotland (receivership and liquidations only) but does not perform the role of Official Receiver. See Practice Note: Scotland: the Accountant in Bankruptcy. Nearest English equivalent: N/A. Accountant of Court Meaning: A court-appointed officer within Scottish Courts and Tribunals who administers funds consigned to the Accountant of Court pursuant to a Court of Session interlocutor or during liquidation proceedings. They oversee Judicial Factors or Administrators appointed by the Court to manage estates...
1 General information Person(s) carrying out the audit: [ Provide name(s) of the individual(s) undertaking the audit ] Auditor classification: ☐ Internal ☐ External Audit dates: From [ enter date ] to [ enter date ] Audit type: ☐ Organisation-wide ☐ Targeted—[ Specify exactly what was targeted, e.g. property transactions funded by cryptoassets ] Office(s) in scope: [ Provide details of the offices included in this audit ] 2 Executive summary [ Provide a concise overview of the report findings ] [ Summary of recommendations: ] Importance — Number of recommendations Critical: [ Insert number of recommendations classified as critical ] Important: [ Insert number of recommendations classified as important ] 'Housekeeping': [ Insert number of recommendations classified as ‘Housekeeping’ ] 3 Scope of audit 3.1 This audit has been undertaken to: 3.1.1 review and assess the adequacy and effectiveness of the organisation’s policies, controls...
Company number: [ insert number ] [ insert company name ] [ LIMITED OR PLC ] (the Company) Notice of annual general meeting Notice is hereby given that the Company’s annual general meeting is scheduled to be held on [ insert date ] at [ insert time ] at [ insert address ] [ , and also via the electronic facilities provided through [ insert URL of virtual meeting platform ] (the Virtual Meeting Platform) ] for the purposes set out below: Ordinary resolutions[s] To consider and, if deemed appropriate, pass the following resolutions to be proposed as ordinary resolutions: [ To receive [ and adopt ] the Company’s annual accounts and reports together with the auditor’s report on those accounts and reports for the financial year ended [ insert date ]. ] [ To re-appoint [ insert name ] as the Company’s auditor to serve from the conclusion of this meeting until the conclusion of the next general meeting of the...
1 General information Person(s) conducting audit: [ Add name(s) and position(s) of the auditor(s) ] Internal or external auditor(s): ☐ Internal ☐ External Dates of audit: From [ add date ] to [ add date ] Firm-wide or targeted audit: ☐ Firm-wide ☐ Targeted [ Specify exactly what was in scope, e.g. property transactions financed by cryptoassets ] Office(s) covered by the audit: [ [ Add details of offices included in this audit ] ] 2 Executive summary [ Add an executive summary of the report’s findings ] [ [ Add a summary of recommendations, for example: ] Importance Number of recommendations Critical: [ Add number of recommendations from section 5 classified as critical ] Important: [ Add number of recommendations classified as important ] Housekeeping: [ Add number of recommendations classified as ‘Housekeeping’ ] 3 Scope of audit 3.1 This audit has been undertaken to: ...