“The forms and precedents section is essential so that I can quickly and easily look up provisions to include in templates or bespoke project contracts.”
RWEAccess all documents on Improvement note
This flowchart outlines the steps an employer should take once a performance or capability concern is identified, including collecting key documents such as the contract of employment and appraisal records, considering mediation, appointing who will carry out performance monitoring, arranging informal and then formal meetings, deciding on dismissal or another sanction, and overseeing the appeal stage. Click below to view or print the full-size PDF version: Note 1—identifying whether there is a performance issue If an employee’s output falls short of the required standard, the employer may choose to address it under its performance procedure. For an example procedure, see Precedent: Policy and procedure—performance and capability. A clear distinction should be drawn between misconduct and underperformance. Where conduct is the concern, a disciplinary process is the correct route—see Practice Note: Managing performance—Dealing with poor performance. Before commencing any formal action, review the terms of the employer’s performance procedure and check, for example, whether specific time periods are required between each stage...
Does the business maintain a due diligence policy that covers every party to a commercial relationship, including the company’s supply chain, agents, joint ventures, intermediaries, or any comparable or similar arrangement? Has this policy been rolled out and properly enforced in all of the markets in which the company trades and operates? See Precedent: Anti‑bribery and corruption policy The company must know who it is engaging with to carry out an effective risk assessment. It should use a due diligence information form that the contracting party completes and signs, so the due diligence information supplied can be reviewed and assessed by the company...
Checklist This checklist outlines the principal matters to consider when preparing or assessing an outsourcing agreement. It addresses central legal, regulatory and practical questions that arise in outsourcing arrangements, while excluding sectors that carry bespoke regulatory regimes, such as health or financial services. For overarching guidance on outsourcing, consult Practice Note: Outsourcing—key terms. For discussion of negotiation points you are likely to encounter, see Practice Notes: Negotiation guide—services agreements and Negotiation guide—IT contracts. As you progress through the checklist, the third column can be used to capture observations or comments as each point is considered... Further information Notes (if any) Initial considerations What is the customer’s main reason for outsourcing? Knowing the driver—e.g. cutting costs, enhancing service quality, or obtaining a function the customer lacks the capability to deliver internally—will help. Also think about the breadth of the outsourcing, whether a service improvement mechanism is desired, and if value for money will be tested by benchmarking (see below)... Confirm whether any existing...
This flowchart explains the steps for resolving disputes pursuant to clause 20 of the FIDIC Contracts, Red, Yellow and Silver Books (pre-2017 editions)...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Intellectual property International Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—17 January 2024 The Driver Vehicle Standards Agency (DVSA) lodged a complaint with the Advertising Standards Authority (ASA) about statements on www.escooters4less.co.uk—an online seller of electric scooters—concerning e-scooters and their illegality. The ASA upheld the complaint. See: LNB News 17/01/2024 63... ASA to regulate online advertising of less healthy food and drink products Ofcom has designated the Advertising Standards Authority (ASA) to regulate online advertising of less healthy food and drink products, using its designation powers under the Communications Act 2003. Ofcom is satisfied that, among other considerations, the ASA is a fit and proper body, has adequate financial resources to ensure the effective performance of the Designated Functions, and will...
In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision Operational resilience Financial crime and sanctions Consumer protection Complaints, compensation and claims management Investigations, enforcement and discipline Regulation of capital markets Packaged Retail and Insurance-based Investment Products (PRIIPs) Dispute resolution for financial services lawyers Regulation of derivatives Sustainable finance and ESG Investment funds and asset management UK MiFID II EU MiFID II Payment services and systems Fintech and cryptoassets Regulation of AI in FS LexTalk®Financial Services: a Lexis®Nexis community Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary Latest Q&As No Weekly Highlights on 24 April 2025 UK, EU and international regulators and bodies FCA announces first international presence in US and Asia-Pacific regions The Financial Conduct Authority (FCA) has unveiled its...
In this issue: Key developments and materials Air emissions and climate change Energy efficiency and buildings Energy efficiency of products Energy for environmental lawyers Environmental disputes and proceedings ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Key developments and materials Northern Ireland’s first Environmental Improvement Plan On 27 September 2024, the Department of Agriculture, Environment and Rural Affairs (DAERA) unveiled Northern Ireland’s (NI) inaugural Environment Improvement Plan (EIP). Brendan Martyn, Director, and Caitlin McPeake, Solicitor, at Cleaver Fulton Rankin, share their views on the EIP. See News Analysis: Northern Ireland’s first Environmental Improvement Plan. UK Industrial Strategy Green Paper and Legal Services Invest 2035, the government’s industrial strategy green paper, was introduced at the International Investment Summit on 14 October 2024. A finalised...
At present, working in an in‑house legal team feels very much like wading in choppy waters: a sudden surge of change can almost sweep you off your feet and, before you’ve steadied yourself and found your footing again, another swell is already breaking over you. This Practice Note aims to highlight what you are currently doing that both strengthens—or, at times, undermines—your personal resilience amid these surges, and it also sets out a range of practical pointers for handling continual, ongoing change. This Practice Note covers: What is personal resilience? Addressing the roots of resilience Why does everyone else seem to be coping? A scientific perspective Understanding 'learned helplessness' Additional sources of support What is personal resilience? Psychological resilience is commonly described as an individual’s capacity to adapt appropriately to pressure and adversity. Stress and adversity may present themselves in the form of family or relationship problems, health difficulties, or worries associated with the workplace and finances,...
UK battery strategy In December 2023, the UK government set out its battery strategy, created by and delivered through the UK Battery Strategy Taskforce. Its core pillars are: Design Build Sustain The principal aim to 2030 is to establish a robust UK battery supply chain. Regulation is expected to evolve to incorporate extended producer responsibility (EPR) obligations, shifting the full cost of managing household waste to producers, in line with the ‘polluter pays principle’. Under EPR, producers are anticipated to: Achieve updated recycling targets Provide clear recyclability labelling Commitments by the UK government and the devolved administrations to implement EPR appeared in the 2018 Resource and Waste Strategy for England and the Welsh Government’s Beyond Recycling. Alongside outlining Defra’s future commitments and actions, the strategy set a long-term policy trajectory, reflected in the Environment Improvement Plan 2023 for England. For further detail, see Practice Note: Waste management plan and policies—England. Part 3 of the...
Daily life throws up a constant run of challenges, and the law firm workplace is no different. The context keeps evolving; for example, firms have navigated hybrid working while seeking to optimise the use of artificial intelligence. A dependable framework helps us solve problems, adjust to shifting circumstances and determine the most sensible path ahead. This Practice Note explores the central themes of continuous improvement and covers: an overview of problem solving the fundamental structure of continuous improvement ways to assess the effect of present problems and identify future issues selecting suitable tools to analyse underlying causes effective methods to spark creativity and generate ideas two models to support implementing change across your teams how to evaluate the outcomes of the changes you introduce An introduction to problem solving Problem solving is not: change for its own sake merely repairing what is broken only large-scale shifts Instead, problem solving...