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Checklist This Checklist summarises the issues an employer should evaluate when shaping a career break and/or sabbatical policy, and when setting the arrangements to support such leave. The expressions ‘career break’ and ‘sabbatical’ carry no fixed legal definition, and the title used for the break does not dictate its legal character. In practice: ‘Career break’ commonly denotes a longer spell of unpaid absence during which the employment contract may remain in place, though more frequently it does not; and ‘Sabbatical’ typically refers to a shorter period of leave, usually unpaid but potentially paid or partly paid, during which the contract does continue. For detailed information on career breaks and sabbaticals generally, see Practice Note Career breaks and sabbaticals...
Quick reference checklist This quick-reference checklist helps you calculate whether a proposed salary for an employee to be sponsored under the Skilled Worker route meets the relevant pay thresholds for eligibility (the general threshold and the going rate). Specifically, it sets out the formulae needed for the required pro-rating calculations when assessing an offer. There are three steps to establishing eligibility: Step 1 — determine the applicable general salary threshold and the going rate. This aspect is not covered here. For guidance, see the tables in Practice Note: Skilled Worker—salary and skill level eligibility tables. Step 2 — gather the relevant information to feed into the calculations. Step 3 — carry out the necessary calculations to verify eligibility. An example is used throughout: an Aerospace engineer (SOC 2020 occupation code 2126), who has not previously been sponsored under this route, would be paid an annual salary of £60,000, and would work a cycle of 52 hours per week for three...
This Checklist highlights the principal points to address when arranging payment or seeking the recovery of retention monies. It proceeds on the assumption that the contract falls within the HGCRA 1996 and focuses mainly on employer–contractor retention monies, though the same considerations extend to contractor–sub‑contractor retention monies as well. Refer to Practice Note: Retention of payment in construction contracts for a fuller explanation of retention, when it is usually paid, and the way retention is dealt with under JCT and NEC contracts, including typical timing and treatment. What does the building contract say? At the outset, scrutinise the contract’s retention provisions and clauses surrounding retention in detail. The usual pattern is a two‑stage release: the first 50% falls due on practical completion of the works, with the balance payable after any notified defects during the defects period have been remedied. This split release mechanism is the most common arrangement. Building contracts often state expressly that retention is to be held on trust; even if not expressed, case law...
Background A verbal lending arrangement from June 2018 lies at the centre of the dispute. Southgate maintained he advanced 144 ETH—then worth roughly £50,000—to Graham, with a 10% uplift to be repaid. Graham argued the loan was for £50,000 in sterling, with ETH used merely as the vehicle for the transaction. When Graham did not repay the full amount, Southgate sought specific performance, requiring Graham to obtain and return the requisite ETH, or alternatively to pay damages equal to its value... County Court judgment and appeal The County Court preferred Southgate’s interpretation, concluding the agreement obliged repayment of 144 ETH plus 10% (158.4 ETH). As Graham had already paid the fiat equivalent of 42.7 ETH, 115.7 ETH remained outstanding. However, the court declined to order specific performance, citing the potential hardship of acquiring the remaining ETH and noting it ‘would do no more than set up [Graham] to fail’, since by judgment the fiat value of 115.7 ETH had reportedly risen to about £350,000. Instead, the court...
Government response—Making Work Pay: Strengthening Statutory Sick Pay What are the implications? The change to the method by which SSP is calculated will: benefit a number of lower-paid workers in particular result in an additional cost to employers, albeit relatively small in most instances The government considers setting SSP at 80% to be the right balance, shielding those on lower incomes from financial hardship and better enabling people to take the time off they need to recover, when they are unwell, which can also help stop the spread of infections and cut the overall rate of sickness absence. These changes will apply across England, Wales and Scotland...
In this issue: Trusts Court of Protection UK taxation for Private Client Updates to HMRC Manuals Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Budgets and Finance Bills Family enterprises and ownership frameworks Disputed trusts and estates Pensions, insurance and tax-efficient investments Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Trusts HMCTS issues guidance on applications to recover funds paid into the High Court, Chancery Division HM Courts & Tribunals Service (HMCTS) has issued guidance on making applications to recover money held by the High Court (Chancery Division). Released on 18 December 2025, the guidance covers three situations: surpluses from property repossessions when entitled parties cannot...
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...
ARCHIVED: This Practice Note is archived and not maintained. For the 2020 iteration of the rule, refer to: Incoterms® 2020 Rules—CIP Carriage and insurance paid to. ICC materials are reproduced here with permission from ICC Publishing SA. These and other ICC publications are available from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and www.iccwbo.org. With effect from 1 January 2020, Incoterms® 2020 rules superseded the Incoterms® 2010 rules. For the CIP term in force from 1 January 2020, see Practice Note: Incoterms® 2020 Rules—CIP Carriage and insurance paid to. CIP (insert named place of destination) Incoterms® 2010 Guidance note This rule applies regardless of the transport mode chosen and may equally be adopted when multiple modes of transport are used. Under ‘Carriage and Insurance Paid to’, the seller hands the goods to the carrier, or another party designated by the seller, at a location agreed between them (where any...
This Practice Note provides guidance on costs pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018). As outlined in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules generally apply to HKIAC arbitrations begun on or after 1 November 2018, unless the parties stipulate otherwise; where proceedings commenced before 1 November 2018, the 2013 HKIAC Rules will generally govern, save where the parties agreed otherwise. A dedicated ‘2018 Schedule of Fees’ applies to arbitrations administered under the 2018 HKIAC Rules. HKIAC has also issued two Practice Notes on Costs of Arbitration, based on HKIAC 2018: Sch 2 (hourly rates) and Sch 3 (sums in dispute). These took effect on 11 March 2019 and apply unless the parties have agreed to a different approach. For an introduction to HKIAC and its organisation, see Practice Note: HKIAC—background to and structure of the institution. In every arbitration, parties and their advisers should at all times keep...
1 Amount of interest We will credit a reasonable amount of interest to clients or third parties on any client funds we are holding for them. 2 Circumstances in which interest will not be paid We will not pay interest: 2.1 on funds we are directed to keep outside of a client account in a manner that earns no interest, eg cash held in our safe; 2.2 where the amount of interest, as assessed under this policy, falls below £[ 30 ] [ —on the basis that the costs financially associated with paying that interest are disproportionate to the amount involved overall ] ; 2.3 where we agree an alternative arrangement, in writing, with the client or third party for whom the money is held—when this occurs, we will provide sufficient appropriate information to enable the client or the third party to give informed consent (see ‘Contracting out’ at section 9 below); 2.4 [ on money held for the Legal Aid...
[ Insert in para 8.2 of claim form ET1: ] The Claimant is a woman employed by the Respondent at its establishment located at [ insert address ] in the capacity of a sales assistant position. The following are terms of the Claimant’s contract of employment as follows: 2.1 she was entitled to maternity-related pay for the period of her ordinary maternity leave and also at the rate of [ insert percentage ] of her normal pay, that normal pay being then calculated as at the date she commenced maternity leave; and 2.2 she was entitled to a bonus of [ insert method of calculation of bonus ] on sales she had achieved, with such bonus to be then calculated and paid [ insert details of when payment of bonus due ]. ...
1 Compliance 1.1 Returns The Company has, in a proper and timely manner, filed all [ material ] computations and returns (including all returns relating to land transactions), furnished every item of information, made all statements and disclosures, and served all notices on each relevant Tax Authority as reasonably requested or required by law for the purposes of Tax within applicable time limits. All such computations, returns, information, statements, disclosures and notices were prepared on an appropriate basis and, when lodged and as at the date of this Agreement, are complete, correct and accurate in all respects. None of the computations or returns are, or [ so far as the Seller is aware, ] are likely to be, the subject of any dispute with any Tax Authority. 1.2 Payment The Company has duly paid, within the applicable deadlines, all Tax for which it has become liable to pay or account. Furthermore, the Company is not liable, nor has it within the six years preceding the date...
Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814 For broader guidance on SI 2020/814, see Practice Note: Coronavirus Job Retention Scheme—right to statutory redundancy and other termination payments [Archived]. This resource provides general context on the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 and their application... The Week’s Pay Amendment Regs 2020, SI 2020/814, prescribe how to determine a week’s pay for an employee who is, or has previously been, furloughed under the CJRS. The rules apply when calculating specified payments, including an employee’s entitlement to payment under section 88 or 89 of the Employment Rights Act 1996 (ERA 1996). In effect, the instrument clarifies the approach to weekly pay where furlough is relevant, ensuring the correct basis is used for these statutory sums linked to notice or other termination-related payments as identified under the ERA 1996...
A Post-Employment Notice Pay (PENP) calculation It uses a set calculation that lets employers identify the taxable portion of a severance package on termination of employment when the basic salary actually paid falls short of what would have been earned had proper or full notice been worked. The method takes basic pay, multiplies it by the remaining notice days, then divides by the number of days in the relevant pay period, before deducting in full any amounts paid net of tax, except for holiday pay and termination bonuses. The requirement to perform a PENP calculation stems from reforms that took effect from 6 April 2018, making all such payments in lieu of notice chargeable to tax and national insurance...
statutory sick pay (SSP) For general guidance on SSP, see Practice Note: Sick pay. Under section 13 of the Employment Rights Act 1996 (ERA), an employer must not take deductions from a worker’s wages unless one of the following applies: the deduction is required or authorised by a statutory provision, or by a relevant term in the worker’s contract; or the worker has previously given written agreement or consent to the deduction (eg in respect of pension contributions) See also Practice Note: Deductions from wages—When deductions are lawful. In addition, ERA 1996, s 14 identifies certain ‘excepted deductions’ to which section 13 does not apply. These excepted deductions under ERA 1996, s 14 include situations where the deduction is made to reimburse the employer for an overpayment of wages, or for an overpayment of expenses incurred by the worker in the course of their employment...