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This Checklist summarises the immigration issues to be considered on a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, and sets out the steps required when participating in a transaction. It additionally highlights the relevant Practice Notes and the associated Precedent materials for reference. Immigration requirements during any transaction where TUPE 2006 does not apply fall outside the scope of this Checklist and are not addressed here. For a general outline of TUPE 2006’s effect and requirements, see: TUPE and asset purchases—overview. Initial considerations and due diligence In any scenario that may fall within TUPE 2006, robust, immigration‑specific due diligence is essential, particularly where a transferor employs sponsored migrants within its workforce. Immigration matters should be addressed at the earliest stage so the parties can plan for and comply with necessary deadlines, etc. Initial enquiries about the immigration status of transferring employees should begin at the start of the transaction process, and care should be taken to...

For further information on the principal designer’s responsibilities and remit, consult the following: Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regs 2015) HSE Guidance on the Construction (Design and Management) Regulations 2015 CONIAC Industry guidance for Principal Designers Practice Note: CDM Regulations 2015—the role of the principal designer Appointment of the principal designer On any project involving more than one contractor, the client is required to appoint the principal designer formally and in writing. This appointment should be made as soon as practicable and, in any case, before the construction phase begins, without delay...

For further information about the responsibilities of the contractor and the principal contractor, consult: Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regs 2015) HSE Guidance on the Construction (Design and Management) Regulations 2015 CONIAC Industry guidance for Contractors CONIAC Industry guidance for Principal Contractors Practice Note: CDM Regulations 2015—the role of the contractor and principal contractor Duties of all contractors A contractor must: confirm, prior to taking on the appointment, that it possesses the necessary skills, knowledge and experience and, where it is an organisation, the organisational capability, to discharge its role in a way that safeguards the health and safety of anyone impacted by the project before starting work, ensure the client is aware of their duties under the CDM Regs 2015 (see Practice Note: CDM Regulations 2015—the role of the client) ...

Interim payment process in the NEC4 Engineering and Construction contract—flowchart HGCRA 1996 applies — option Y(UK)2 selected...

In this issue: Key developments and materials Electricity and gas market regulation, licensing and taxation Networks and network connections Renewable energy Air emissions, efficiency, and climate change New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials Ofgem consults on draft second preliminary Strategic Direction Statement for industry codes Ofgem has opened a consultation on SDS-2 for energy industry codes, outlining its strategic reading of government policy and sector shifts that could drive code changes over the next one to five years. It is seeking input on the proposed policy themes, how they are allocated across the ‘Act now’, ‘Think and plan’ and ‘Listen and wait’ horizons, and whether any significant topics are missing. Ofgem also asks for views on its plan to move SDS-2 from a preliminary document to a hybrid Strategic Direction Statement following the anticipated designation of the...

In this issue: Electricity and gas market regulation and licensing Networks and network connections Air emissions, efficiency and climate change Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing Ofgem consults on gas transporter licence metering duties Ofgem has launched a consultation on proposed amendments to the Gas Transporter Licence held by National Grid Gas Plc, addressing metering obligations within the Standard Special and Special Conditions, several of which are scheduled to sunset on 31 December 2024. The consultation closes on 2 September 2024. See: LNB News 06/08/2024 4. Ofgem decision on ESO RIGs and RRPs for RIIO-2 Ofgem has confirmed its decision on updated versions of National Grid Electricity System Operator Limited’s Regulatory Instructions and Guidance and Regulatory Reporting Pack for RIIO-2. The updates account for costs linked to New Roles, the Future System Operation transition, National Grid payments, and the...

In this issue Key developments and materials Electricity and gas market regulation and licensing Networks and network connections Renewable energy Conventional power, waste to energy, biomass, and CHP projects Nuclear energy International energy LexTalk®Energy: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments and materials National Grid has unveiled a strategic tie-up between its Distribution System Operator (DSO) and Electron to boost the scale and value of flexibility for system operators and flexibility service providers (FSPs) by enabling market interoperability. Electron will link its flexibility market platform, ElectronConnect, with the DSO’s Market Gateway, giving FSPs wider choice in how they access and engage with flexibility on the electricity distribution network. The collaboration also aims to reduce entry hurdles and drive broader market participation. See: LNB News 02/05/2024 7. Electricity and gas market regulation and licensing Ofgem has opened a consultation...

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, confers extra protection on employees when a dismissal arises in the context of a transfer. EU‑sourced legislation, including much of TUPE 2006, enacted to give effect to the UK’s obligations under EU law (for example, Directive 2001/23/EC, the Acquired Rights Directive (ARD)), and still applicable in the UK at the end of the Brexit transition period/IP completion day, continues in force as assimilated law. For further information, see Practice Note: Assimilated law. Enhanced protection against dismissal An individual benefits from this enhanced protection only if they can pursue an unfair dismissal claim—meaning they must be an employee (see Practice Note: Employee status) with the required two years’ continuous employment. For further information, see Practice Note: Entitlement to claim unfair dismissal...

ARCHIVED: This Practice Note has been archived and is not maintained. How are contracts for difference (CfD) and the renewables obligation (RO) connected? The renewables obligation (RO) is designed to stimulate investment in renewable generation. It achieves this by placing a duty on customer-facing electricity suppliers—who obtain electricity from generators, whether directly or indirectly—to procure an ever-increasing share of their wholesale supply from renewable sources. The Secretary of State (SoS) for Business, Energy and Industrial Strategy (BEIS) determines the proportion required each period. Suppliers prove compliance by submitting renewable obligation certificates (ROCs) to the Office of Gas and Electricity Markets (Ofgem). New ROCs are issued solely to accredited renewable generators, encouraging suppliers to purchase renewable output (together with separately priced ROCs) from such projects, thereby delivering a degree of financial support to those developments. For further details, see Practice Note: Renewables Obligation (RO)—accreditation of renewable electricity generators [Archived]. On 31 March 2017, the RO closed to most categories of new generation. The RO will continue to...

Statutory paid holiday In Great Britain, workers have a legal entitlement to 5.6 weeks’ paid annual leave under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833. It should be recognised from the start that this is made up of two components: a core entitlement of four weeks’ paid annual leave (often called ‘Euro leave’) (WTR 1998, SI 1998/1833, reg 13), and an extra 1.6 weeks’ paid annual leave (WTR 1998, SI 1998/1833, reg 13A) Different rules apply to irregular hours and part-year workers for holiday years beginning on or after 1 April 2024. For further details, see Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. For the position in Northern Ireland, which has its own Working Time Regulations (Northern Ireland) 2016, SI 2016/49, see Practice Note: Employment law in Northern Ireland—Working Time Regulations and holidays. The basic four-week entitlement reflects the UK’s implementation of the EU minimum in Article 7 of Directive 2003/88/EC (the Working Time Directive),...

1 Introduction 1.1 This policy explains how [ insert name of organisation ] (the Company) will handle the statutory entitlement that permits employees to take unpaid time away from work to organise or provide care for a dependant with a long-term care need, and sets out the steps you should follow if you need to request this leave. 1.2 [ This policy applies solely to employees. It does not extend to agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] or casual workers. OR This policy applies to all employees, officers, agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] and casual workers. ] 1.3 This policy has been [ agreed OR introduced following consultation ] with [ [ enter name of relevant trade union(s) ] OR [ enter name of works council ] OR [ enter name of staff association ] ]. 1.4 In some circumstances, you may have the right to take...

Archived: The ability to offer tax-favoured employee shareholder shares or ESS (commonly used in private equity company arrangements) has now been removed In the Autumn Statement 2016, the government confirmed that certain ESS-related tax reliefs would be withdrawn. The changes remove: The income tax and NICs relief applying to the first £2,000 of employee shareholder shares an individual receives The capital gains tax exemption in respect of all, or a portion, of ESS shares The provision ensuring that, when a company purchases employee shareholder shares from an employee shareholder, the consideration is not treated as a distribution in the shareholder’s hands The withdrawal of these reliefs applies to any employer shareholder agreements entered into on or after 1 December 2016. However, an individual who had obtained independent advice about entering an employer shareholder agreement before 23 November 2016 could still complete the agreement before 1 December 2016 and retain the beneficial income and CGT tax advantages...

[ Insert in para 6.1 of response form ET3: ] 1 It is denied that the Claimant has any right to the remedy sought for stated reasons...

The Employment Agencies Act 1973, together with the Conduct of Employment Agencies and Employment Businesses Regulations 2003, SI 2003/3319 (Conduct Regs 2003), regulate the private recruitment sector and establish minimum requirements for employment agencies and employment businesses trading from premises in Great Britain (ie England, Wales and Scotland). The Conduct Regs 2003 apply in circumstances where an employment agency or an employment business provides work-finding services to a work-seeker...