Pay Less Notice meaning

Bellway Homes Limited v Surgo Construction Limited [2024] EWHC 10 (TCC) What are the practical implications of this case? In adjudications governed by the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), a party is permitted to place only one dispute before the adjudicator (HGCRA 1996, s 108(1)). Where more than one dispute is advanced, the adjudicator has no jurisdiction to proceed (Fastrack v Morrison). This decision is the first to address whether a payee’s interim payment claim that proceeds on two alternative footings—(i) the true valuation of the works and/or (ii) entitlement to the sum applied for because no valid payment or pay less notice was served (often termed a ‘smash and grab’ claim)—should be treated as a single dispute. The court concluded that it is one dispute, with the consequence that an adjudicator has jurisdiction to consider both bases within the same reference. The outcome will be of real importance to parties engaged in interim payment contests, as it confirms that valuation and notice-default arguments...

Project One London Ltd v VMA Services Ltd [2025] EWHC 3304 (TCC) What was the background? The parties contracted for the design and installation of mechanical services under their sub-contract, adopting the JCT Design and Build Sub-Contract Agreement Conditions 2016. The agreement included standard interim payment mechanisms, operating in the usual way. VMA lodged Application for Payment No. 8, stating £106,434.88 as the amount due (the Notified Sum). POL failed to issue either a payment notice or a pay less notice at any point. Project One Limited (POL) initiated a TVA. VMA relied on POL’s non-payment of the Notified Sum as a defence, contending on jurisdictional and/or substantive grounds that the TVA could not proceed in the face of that non-payment, and asking the adjudicator to require POL to pay the Notified Sum without delay. The adjudicator determined that VMA had made a valid Application for Payment and that POL had not served a valid Payment Notice and/or Pay Less Notice; it therefore followed that the Notified Sum...

Engenda Group Ltd v Petroineos Manufacturing Scotland Ltd [2024] CSOH 36 What are the practical implications of this case? This decision offers a notable application of the Court of Appeal judgment in Sudlows v Global Switch—delivered only after the two adjudications had been determined—and, more generally, a reaffirmation of the principles governing serial adjudication. It illustrates the practical limits on re-running disputes across successive adjudications, even where later authorities might be relied upon. Most strikingly, the employer here, having failed to prove the scale of its unliquidated damages in the first reference, was not allowed to cure that deficiency in a second reference addressing a pay less notice for the identical sum by deploying expert material that had not been advanced previously. In short, what was not proved the first time could not be shored up the second time by drafting in experts after the event. On this issue, the court distinguished Hitachi v John Sisk, where the claimant was permitted to adjudicate again on entitlement...

This Practice Note This Practice Note considers the entitlement to notice for both employees and employers under the contract of employment, meaning the notice required to end the employment contract, whether spoken or written, and covers: the impact of statutory notice provisions on the minimum notice period the point at which the notice period starts matters concerning permanent health insurance (PHI) withdrawing a termination notice longer notice being given by the employee lawfully dismissing without notice Under contract law, an employer may give notice of dismissal at any time unless the contract, expressly or by implication, provides otherwise. No breach occurs if the employee is allowed to work their notice or, where the contract permits, is paid in lieu of notice. That said, an employee whose contractual rights have not been infringed may still hold statutory rights...

This Practice Note sets out a concise overview of interim payments, describing what they are, when the entitlement to be paid (most often through monthly instalments or stage/milestone sums) arises, and the contractual routes for securing interim payment. It further considers the need to ensure that any interim payment machinery complies with the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), and explores how the payment regime is addressed in standard forms such as JCT and NEC contracts. See also Practice Note: . For a list of leading cases on the HGCRA 1996 payment provisions, see Practice Note: HGCRA 1996 payment provisions—key cases. In relation to the JCT and NEC suites, see also Practice Notes: JCT contracts—price and payment and NEC contracts—price and payment. What is an interim payment? Construction projects can involve many millions of pounds, with programme periods extending over many months and years. Very few contractors could carry out undertakings of this scale if they had to await payment until all works were...

THIS PRACTICE NOTE APPLIES ONLY TO PENSION SCHEMES IN ENGLAND AND WALES Under the statutory auto-enrolment framework, employers must: automatically enrol any eligible jobholders into an 'automatic enrolment scheme', unless they are already an active member of a 'qualifying scheme' with that employer enrol any non-eligible jobholders who submit an opt-in notice into an 'automatic enrolment scheme', unless they are already an active member of a 'qualifying scheme' with that employer Qualifying schemes must at least satisfy minimum standards. For a defined contribution (DC) arrangement, this includes compulsory employer and worker contributions at no less than the minimum rates. An automatic enrolment scheme is a qualifying scheme that also fulfils additional conditions. This is outlined further below. Employers should confirm that any scheme selected to meet auto-enrolment duties achieves the minimum standards. The Pensions Regulator has issued comprehensive guidance to support employers in complying with the auto-enrolment regime ('TPR Auto-enrolment Guidance'), including the criteria a scheme must meet to be...

Date [ date ] Parties [ name of Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Owner) [ name of Developer ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Developer) 1 Definitions Adjudication Date – the day on which any adjudicator appointed under HGCRA 1996 to determine a dispute regarding an amount due to: (a) the Developer under this Agreement; or (b) the Building Contractor under the Building Contract; delivers their decision; [ Adverse Rights – any easement, covenant, right or other interest affecting the Property, the release, discharge or variation of which is reasonably required to assist the Works or the use and occupation of the Development; ] [ Adverse Rights Agreement – any document that gives legal effect to the release,...

1 Introduction 1.1 The Company is dedicated to safeguarding employees’ job security. It will make every effort to prevent compulsory redundancies. Nonetheless, it accepts that shifting operational needs may at times mean compulsory job losses cannot be averted. 1.2 Where such redundancies prove necessary, the Company will run the process with fairness, consistency and empathy. 1.3 In applying this redundancy procedure, the Company will not directly or indirectly discriminate on the grounds of age, disability, gender reassignment, marital or civil partnership status, pregnancy or maternity, race, religion or belief, sex or sexual orientation. Part-time and fixed-term staff will not be treated less favourably than full‑time or permanent counterparts. 1.4 The purpose of this policy is to outline the steps to be taken in redundancy situations, ensuring adherence to employment law and relevant Acas guidance. 1.5 This policy covers only employees affected by a potential redundancy. It does not extend to agency workers, consultants or contractors, volunteers or casual workers...

Part 1, interpretation and limitation of liability 1 Defined terms and interpretation In these articles, unless the context requires otherwise, defined expressions take the meanings set by the Companies Act 2006 or those cross‑referred within these articles. Defined terms include: address, articles, bankruptcy (including equivalent foreign insolvency), call and call notice, chair and chair of the meeting, clear days, Companies Acts, the company’s lien, director, distribution recipient, document (including electronic form), electronic form and electronic means, eligible director, fully paid, hard copy form, holder, instrument, lien enforcement notice, ordinary resolution, paid, participate, proxy notice, relevant officer, shares, special resolution, subsidiary, transmittee, and writing. The model articles under section 20 are excluded. Unless the context dictates otherwise, other words or expressions bear the same meaning as in the Act when these articles take effect. References to legislation include any subordinate legislation and any amendment, extension, consolidation, re‑enactment or replacement then in force. Words in the singular include the plural and vice versa; masculine includes feminine and neuter; and references...