Employer's agent meaning

Fasano v (1) Reckitt Benckiser Group Plc (2) Reckitt Benckiser Health Ltd [2024] EAT 7 What are the practical implications of this judgment? This decision makes plain that EqA 2010, s 109 allows no room for a ‘purposive’ interpretation, even where that leads to the undesirable result that a claimant has no remedy for discriminatory treatment. The EAT affirmed the employment tribunal’s rejection of an indirect age discrimination claim brought by a retired employee who was denied payment under a long-term incentive plan (LTIP) after the employer’s parent company changed the rules to promote staff retention. That said, the EAT found the tribunal’s approach to agency under EqA 2010, s 109 to be perverse and unsustainable. On orthodox common law principles, there was no sound footing for the tribunal’s conclusion that the parent company was acting as the employer’s agent so as to fix the employer with liability...

In this issue: Tax treatment Regulatory Budgets, Autumn Statements and Finance Bills Corporate governance Useful information Dates for your diary Weekly highlights from other practice areas Tax treatment FTT rules that shares issued by the appellant were employment-related securities, and that disposals above market value triggered income tax and NICs (CooperVision Lens Care Ltd v HMRC). The UK First-tier Tribunal (Tax) for the most part dismissed the appellant’s challenge to HMRC’s conclusion that it ought to have operated PAYE and accounted for Class 1 National Insurance contributions on sums paid to three of the four shareholders on the company’s sale in 2014. The shareholders had, between themselves, agreed a non-proportionate division of the consideration, under which certain majority holders took a larger slice than they would have received on a strict pro rata basis. HMRC maintained that the uplift over market value was taxable as income and subject to NICs under Chapter 3D of Part 7 of...

In this issue: Budgets and Finance Bills R&D taxation Companies and corporation tax International Finance Employment taxes Taxes management and litigation Remedies and tax Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Budgets and Finance Bills Progress of Finance Bill 2025 On 19 December 2024, the government published amendments to the Finance Bill for consideration by the Public Bill Committee. The key revisions affect Schedule 4, which concerns the UK’s multinational top-up tax and the domestic top-up tax rules set out in Parts 3 and 4 of the Finance (No 2) Act 2023. A ‘call for evidence’ dated 20 December 2024 indicates the Committee plans to open its examination of the Bill on 28 January 2025 and aims to finish by Tuesday 4 February 2025. The amendment document includes short explanatory notes outlining the purpose of the revisions. In an unusual step, HMRC...

ARCHIVED This archived Practice Note is not being maintained and is supplied for background purposes only. It covers the original Coronavirus (COVID-19) Job Retention Scheme (CJRS), first unveiled by the government on 20 March 2020, which applied from 1 March to 30 June 2020. For information on: the extended CJRS operating between 1 May and 30 September 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [Archived] the extended CJRS in effect from 1 November 2020 to 30 April 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 November 2020 to 30 April 2021) [Archived] the revised CJRS running from 1 July to 31 October 2020, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 July to 31 October 2020) [Archived] The CJRS was a temporary initiative, originally intended to run for three months from 1 March 2020. On 17 April 2020, HM Treasury announced an extension to 30 June,...

This Practice Note considers the principal participants in real estate finance where property is being developed. It does not address the lender or other finance parties (see Practice Note: The finance parties) Borrower The borrower will commonly be acquiring the site for development, or may already own it. In construction documentation, the borrower is typically identified as the employer, client or developer SPV or trading entity? In real estate finance, the borrower is often a special purpose vehicle (SPV), also referred to as a special purpose company (SPC). The borrower entity is created or bought ‘off the shelf’ solely for the proposed deal (ie acquiring, holding, developing and operating the property). Where an SPV is used, the borrower’s activities—and therefore its assets and liabilities—are confined to matters linked to that transaction...

The mix of participants on an infrastructure scheme hinges on the project type and the way it is procured and funded. Set out below is a typical party involved in such projects. Employer The employer is the party seeking delivery of the infrastructure asset and overseeing the procurement. Examples of employers include: government bodies commissioning roads, rail networks, pipelines, schools, prisons, hospitals or energy schemes private companies commissioning mining developments, oil and gas exploitation, energy schemes or processing plants Ordinarily, the employer prepares a project brief defining the asset’s required function and performance, then invites contractors to tender. Once a preferred bidder is chosen, the employer appoints a contractor (or several) to design and build the asset. The employer typically provides the finance and pays the contractor. Often—though not invariably—the employer also owns the site where the asset will be constructed. For project-financed infrastructure, the participants and responsibilities differ slightly. In this model, a Project Co (usually a special purpose...