Key decision meaning

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...

Planning conditions and planning obligations often limit both what development may take place and the way it is carried out on the land or buildings to which they apply. See Practice Notes: Planning conditions—key points and Planning obligations—key points. Planning obligations Agreements made under section 106 of the Town and Country Planning Act 1990 (commonly called section 106 agreements, or planning obligations) control the use of land and bind successors in title. They are recorded as local land charges. The agreement should specify the land it binds by reference to an attached plan, which will usually mirror the planning application site boundary for the related development. A section 106 agreement is typically concluded before the decision notice granting planning permission is issued. How are planning obligations revealed? Review the outcome of the local land charges search (LLC1). Planning obligations are registrable as local land charges. From 12 April 2015, HM Land Registry has responsibility for the local land charges register. Transitional provisions permit HM Land Registry...

This Checklist on making a Part 36 offer identifies the key factors that should be considered when drafting a Part 36 offer. Consideration What a Part 36 offer can be made in relation to You may frame a Part 36 offer to cover the entirety of the claim, a defined part, or a particular issue. It can likewise address a counterclaim or any additional claim, and it may extend to an appeal or cross-appeal arising from a trial judgment. However, a Part 36 offer is not available for an appeal against an interlocutory ruling. Guidance When to make a Part 36 offer An offer under Part 36 can be served at any point, whether before proceedings are issued or once they are underway (CPR 36.7(1)). Where a matter proceeds to appeal, a new Part 36 offer should be advanced because the Part 36 consequences attach only to the costs of the proceedings in which the offer is made, and do not extend to the...

FORTHCOMING CHANGES : There are proposed reforms to the leasehold and enfranchisement landscape; for more details, see further Practice Note: Property key future developments tracker. This Flowchart is for use on a tenant’s collective enfranchisement claim under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It outlines the steps from service of a tenant’s section 13 notice of claim, covering a landlord’s section 21 counter-notice and deadlines for applications to the First-tier Tribunal (FTT) (or the Leasehold Valuation Tribunal (LVT) in Wales), and/or the County Court as appropriate. Note 1 See Practice Note: Guide to the right to collective enfranchisement under the Leasehold, Reform Housing and Urban Development Act 1993 (LHRUDA 1993)—Preparation for a collective enfranchisement claim. Note 2 See Practice Note: Guide to the right to collective enfranchisement under the Leasehold, Reform Housing and Urban Development Act 1993 (LHRUDA 1993)—Participating tenants and Guide to the right to collective enfranchisement under the Leasehold, Reform Housing and Urban Development Act 1993 (LHRUDA 1993)—Section 13 notice of claim—the...

Mergers The Commission approved Brookfield Corporation’s takeover of sole control of Oaktree Capital Group Holdings, LLC (M.12284) following a phase I review—see further, Midday Express The Commission received filings for: Clarios/Ecobat Germany/Ecobat Austria (M.12145) (ordinary merger procedure) JLL/PIF/FMTECH (M.12358) (simplified merger procedure) NOTE—For all active merger probes before the Commission, see further, EU mergers—ongoing cases tracker Competition policy The Commission stated that Executive Vice-President, Teresa Ribera, convened an implementation dialogue on the effects of mergers, productivity, sustainability, and the cost of living—see further, implementation dialogue and Midday Express NOTE—For all current EU competition law legislative, guidance and wider policy work, see further, EU competition horizon scanning—2026 and beyond State aid The Commission adopted a decision under the Clean Industrial Deal State Aid Framework (CISAF) authorising a Spanish measure (valued at €200m) to back strategic investments expanding manufacturing capacity across the electric...

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 Electricity and gas market regulation and licensing Renewable energy Nuclear energy Air emissions, efficiency, and climate change International energy LexTalk®Energy: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing Ofgem has confirmed changes to the Regulatory Financial Performance Reporting (RFPR) template and guidance for RIIO‑2, intended to sharpen and clarify what network licensees must report. The revisions apply from 28 June 2024 and follow Ofgem’s earlier notice proposing amendments to the RFPR template and guidance for RIIO‑2. See: LNB News 01/07/2024 9. Electricity Code Modifications: National Grid ESO’s Modification Tracker now brings together all live changes to the Connection and Use of System Code (CUSC), the Grid Code (GD), the System Owner -Transmission Owner Code (STC) and the Security and Quality Supply Standard (SQSS). The tracker outlines each proposal’s purpose, the stakeholders impacted, Panel views...

This Practice Note sets out guidance on arbitral awards in proceedings under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2018 (2018 HKIAC Rules; HKIAC 2018). As explained in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules generally govern HKIAC arbitrations commenced on or after 1 November 2018, save where the parties agree otherwise; for HKIAC arbitrations begun before 1 November 2018, the 2013 HKIAC Rules will generally apply unless the parties agreed otherwise. For an overview of the HKIAC and how it is organised, see Practice Note: HKIAC—background to and structure of the institution. Awards in HKIAC arbitrations In line with most institutional regimes, under the 2018 HKIAC Rules a tribunal may render interim, interlocutory, or partial awards and, in addition to a final award, may issue interim awards as to costs (HKIAC 2018, art 35.1). Where the tribunal has more than one arbitrator, any award or other ruling is to be made by a majority. Failing a...

For guidance on what deferred prosecution agreements (DPAs) are and how they work, see Practice Note: Deferred prosecution agreements, which explains their operation. In what circumstances can a DPA be varied? The statutory power to amend a DPA sits squarely in paragraph 10 of Schedule 17 to the Crime and Courts Act 2013 (CCA 2013) itself. A DPA may require alteration in two situations: where the court invites the parties to vary the DPA under CCA 2013, Sch 17 Pt 1, para 9(3)(a), namely where the organisation has breached the agreement and the court wants the parties to put forward proposals to cure the organisation’s non-compliance, by agreement between the parties as invited by the court, accordingly (see Practice Notes: Financial penalties as a term of a DPA—Late payment and breach of a DPA and Breach of a DPA) where a variation is required to prevent the organisation failing to comply with its obligations in circumstances that were not, and could not reasonably...

This year’s annual round-up surveys key developments from 2017 and sets out what is on the horizon for 2018. It covers: the decision to relocate the European Medicines Agency the delay to implementing the new Clinical Trials Regulation preparations for the new Medical Devices Regulations the Life Sciences Sector Deal the forthcoming application of the General Data Protection Regulation the introduction of the Accelerated Access Pathway It also includes updates on Lexis®+ UK’s content, highlighting notable developments from the past year and what is coming in the next 12 months. Reviewing 2017 Brexit What happened? On 20 November 2017, Amsterdam was selected as the new home of the European Medicines Agency (EMA) following Brexit. What are the practical implications? The move of the European medicines regulator from London to Amsterdam has several practical implications. To begin with, EMA operations will be affected as staff are reassigned to prepare for the relocation, and as...

Use this in conjunction with our Decision-making guide, which outlines our organisation’s approach to decision-making and explains why we have such a process in place. We recognise that colleagues make decisions at work every day. We do not expect you to follow the Decision-making guide and this framework for minor or operational business decisions, though some of the principles in this framework may prove helpful in day-to-day practice. The Decision-making guide and framework should be applied whenever a significant business decision is required, so that such choices are grounded in evidence and logic. A significant business decision is one that [ insert your criteria, eg may have a significant effect on our business, operations, staff, customers or external stakeholders ], eg [ insert examples eg a decision to proceed with a key project or business initiative, a decision relating to a complex situation or that is likely to have a commercial impact ]. The full criteria for a significant business decision is set out in the Decision-making guide. This framework...

This Precedent (also known as a decision matrix) It serves as a way to appraise the alternative choices you have surfaced against a benchmark, for example the system or process you rely on at present. This tool proves helpful when confronted with possibilities, which may include keeping the status quo, and you require guidance to determine which is the most suitable. The scorecard allows you to rate each option against key criteria to decide whether a single route is viable, or to review a range of options that are not quite right, identify the strongest elements of each, and combine them to create a hybrid option...

What is earned settlement? The Home Secretary’s November 2025 policy statement and consultation, ‘A Fairer Pathway to Settlement’, puts forward contentious plans to radically reshape the existing system through which overseas nationals gain settlement in the UK, replacing it with an ‘earned settlement’ model. It characterises settlement as a ‘privilege rather than an entitlement’ and positions the changes as a move towards demonstrable contribution and integration. Central to the proposals is a rise in the standard qualifying period for settlement from five to ten years for the majority of applicants. That benchmark would subsequently be varied upward or downward according to a person’s individual circumstances. The scheme would rest on four core pillars that underpin decision-making: Character Integration Contribution Residence Certain aspects of these pillars would function as mandatory eligibility criteria under the proposals, while others would guide whether the qualifying period ought to be curtailed or, alternatively, extended in individual cases...