Relevant statutory scheme meaning

The employer and its advisers ought to reflect on the following matters: Preparatory steps From the employer, gather: a copy of the departing employee’s latest employment contract and any other documents setting out contractual terms (note: these might sit within a staff handbook) particulars of the employee’s contractual benefits pertinent details about the employee’s pension entitlements information on any shares/share options held by the employee; review the Articles of Association, any relevant shareholder agreement, and share scheme documentation. See also Shares and share options below Status of negotiations Will discussions occur directly between the parties, or via their respective legal advisers? How robust is the employer’s bargaining position? How credible are the employee’s existing or potential claims? For any dismissal, is there a fair reason and has a fair procedure been followed? Is the employer in repudiatory breach? What is the employer initially...

When does a section 75 debt arise? An s 75 liability crystallises in respect of an occupational pension scheme that is underfunded on a buy-out basis and: an employment-cessation event happens for a relevant participating employer within a multi-employer scheme an insolvency event occurs in relation to a participating employer of the scheme, or the scheme formally goes into winding up In a multi-employer scheme, an employer’s s 75 debt is its allocated share of the scheme deficit, appropriately assessed on a buy-out basis. As an alternative to immediately paying the s 75 debt in full, an employer may enter into a deferred debt arrangement, an apportionment arrangement, or a withdrawal arrangement. Section 75 does not apply at all to money purchase schemes, unregistered pension schemes, unfunded public sector schemes, and a scheme with only one member. ...

This document sets out a comprehensive timetable for a recommended takeover offer, prepared by reference to the provisions of the City Code on Takeovers and Mergers (Code) and applicable statutory rules. It traces the process from the stages before a firm intention to make an offer is announced (a Rule 2.7 announcement) through to the completion of any 'squeeze-out' procedure. For other examples of takeover timetables, see: Timetable—hostile offer Timetable—scheme of arrangement Public company takeovers quiz Part 3 of our public company takeovers quiz features multiple-choice questions that assess users' knowledge of the offer timetable for takeover transactions. After each question, the correct answer is shown together with feedback and links to relevant materials. The quiz is designed for private practice lawyers, in-house counsel, corporate finance professionals and other parties involved in takeover transactions. For further details, see Practice Note: Public company takeovers quiz—Part 3...

Green Lane Association Ltd v Central Bedfordshire Council [2025] EWHC 2251 (Admin) What are the practical implications of this case? The Aarhus costs protection scheme in CPR 46, Pt IX limits the adverse costs exposure of unsuccessful claimants in “Aarhus Convention claims”. The first real-world consequence of this judgment is the High Court’s renewed emphasis on the rigidity of the relevant procedural requirements where defendants intend to dispute either the availability of costs protection or, if it applies, the appropriate ceiling on adverse costs. If a defendant neglects to contest a claim’s Aarhus status in its acknowledgement of service, any later bid to revisit that point will be tested against Denton, and such attempts will be on the back foot, particularly in the absence of a cogent justification. The second consequence is that, following the interpretation of “Aarhus Convention claim” and “provision of national law relating to the environment” in HM Treasury v Global Feedback [2025] EWCA Civ 624, statutory challenges to the making of experimental (and other)...

NBC (Administration Services) Ltd v Revenue and Customs Commissioners [2024] UKFTT 120 (TC) What are the practical implications of this case? Grasping this judgment will aid practitioners representing clients who wish to challenge a deregistration decision or an information notice issued under FA 2008, Sch 36 Pt 1. The FTT has offered useful guidance on the reach of its own discretion, and that of HMRC, when considering deregistration. It confirmed that, following Caerdav Ltd v HMRC [2023] UKUT 00179 (TCC) (unreported by LexisNexis®UK), the FTT does have jurisdiction to entertain appeal grounds advancing public law arguments where the statutory scheme permits. Under FA 2004, s 159(6), Parliament expressly requires the FTT to determine ‘whether the registration of the pension scheme ought to have been withdrawn’, rather than, as the FTT noted, asking what decision it would make if addressing the matter now. The FTT further concluded that once any gating requirement appears satisfied, HMRC must then exercise its discretion reasonably, taking account of all relevant circumstances and excluding...

Wood and another v Desai and another [2024] EWHC 1893 (Ch) What are the practical implications of this case? From a practical standpoint, the outcome is vexing, as it uncovers a lacuna that could have been remedied almost a hundred years ago. The judgment observes that Re Harrington Motor Co Ltd, ex p Chaplin [1928] Ch 105 was viewed by the Court of Appeal as highly unsatisfactory, prompting the Third Party (Rights Against Insurers) Act 1930, which paved the way for today’s TP(RAI)A 2010. Under that statutory scheme, had the company been insolvent at the moment the pay-out was obtained, the respondents would have been within cover and able to receive the funds (assuming they proved their claim). Here, however, the matter fell between the stools: the pay-out was made before the company qualified as a relevant person for the purposes of TP(RAI)A 2010, and only afterwards did the company tip into insolvency. Some modest legislative refinement might yet be warranted to seal this loophole. That result disadvantages...

The company establishing a SIP The company setting up a share incentive plan (SIP) does not need to be the same entity whose shares are allocated. However, both: the shares to be granted, and the connection between the SIP-establishing entity and the company whose shares are issued must satisfy the relevant legislative conditions. A SIP can be created either: solely for employees of the company that establishes it; or for those employees and for employees of other companies it controls (a group plan)—see Constituent companies below. In a group where the parent company’s shares are to be awarded, there are two options: the parent company may establish the SIP and extend it to the appropriate subsidiaries; or each subsidiary may establish its own SIP, provided the other statutory requirements concerning the shares under award are met—see Requirements for the shares. The advantage of each subsidiary operating its...

ARCHIVED: This Practice Note is archived and not being maintained. It reviews the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814, which ensure that employees furloughed under the Coronavirus Job Retention Scheme (CJRS) for any period ending on or before 30 September 2021 receive statutory redundancy pay, statutory notice pay and other entitlements by reference to their usual earnings rather than the reduced furlough rate. For details on the Coronavirus Job Retention Scheme (CJRS), extended to 30 September 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [Archived]. For general guidance on working out a week’s pay under sections 221–224 of the Employment Rights Act 1996 (ERA 1996), see Practice Note: Calculating a week’s pay. The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814, which took effect on 31 July 2020, prescribe how a week’s pay is to...

Practice Note This Practice Note sets out guidance on the court’s authority to order periodical payments and/or lump sums covering school fees and other educational or training outgoings. It outlines the steps to be taken in matters involving parents who are or have been married or in a civil partnership, as well as in situations where the parents have never been married or in a civil partnership, and prescribes the process to follow. Significant limits apply to the court’s ability to make periodical payment orders for a child where the Child Maintenance Service (CMS) has, or would have, competence to carry out a maintenance calculation. Even so, the court still has power to direct that a parent, or any person who has treated the relevant child as a child of the family, must pay or contribute towards the expense of a child receiving instruction at an educational institution, or undertaking training for a trade, profession, or vocation (whether or not in paid work). Most frequently, such directions concern the...

This Agreement is made on [ insert date ] Parties [ Insert Employer’s name ], whose registered office is at [ insert Employer’s address ], company registration number [ insert Employer’s company number ] (Employer); [ Insert Employee’s name ] of [ insert Employee’s address ] (you). The parties agree: Termination of employment 1.1 Your employment with the Employer [ will terminate OR terminated ] owing to [ insert reason for termination ] on [ insert date ] (Termination Date). 1.2 For the period up to and including the Termination Date, you [ will be OR have been ] paid your accrued basic salary (less deductions for income tax and primary class 1 (employee) National Insurance contributions ( PAYE Deductions )) and [ will have OR have ] received your contractual benefits [ , including a payment of £[ insert amount ] in respect of [ insert number ] days’ accrued but untaken holiday entitlement ] [...

These notes and specimen documents make up an automatic enrolment (AE) pack created to assist employers—including small and micro-employers—in meeting the duty to enrol employees into an AE scheme... (A) Notes about AE (i) the statutory obligation (ii) financial thresholds and limits (iii) the statutory and other key terms (B) Documents (i) letters (ii) notices (iii) the employment contract—sample pension clauses AE scheme providers generally issue the core letters and notices, though not always everything required in every relevant situation, and typically none where an employer fulfils the AE duty by using a qualifying pension scheme that is not an automatic enrolment pension scheme... (A) Notes about AE 1 The statutory obligation The primary legal provisions are found in Part 1 of the Pensions Act 2008 (PenA 2008) and the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010, SI 2010/772, as later...

Parties Participant Name: [ insert name of participant ] Residential Address: [ insert address of participant ] Payroll Reference: [ insert payroll number of participant ] Company Name: [ insert name of company ] Registered Address: [ insert registered address of company ] Registered Number: [ insert registered number of company ] Trustee Name: [ insert name of trustee ] Registered Address: [ insert registered address of trustee ] Registered Number: [ insert registered number of trustee company ] This agreement outlines the conditions under which the Participant commits to purchase Partnership Shares [and receive Matching Shares] in line with the Plan. The definitions set out in the Plan Rules shall apply to this agreement. Should any inconsistency arise between this agreement and the Rules, the...

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...

This Q&A This Q&A considers how the Housing Act 2004 (HA 2004) applies to assured shorthold tenancies (ASTs) governed by the Housing Act 1988 (HA 1988). In brief, when a landlord takes a deposit for an AST, two actions are required within 30 days of receiving the funds. First, the initial requirements of an authorised tenancy deposit scheme must be satisfied in full (HA 2004, s 213(3)). Secondly, the tenant must be provided with specified prescribed information (HA 2004, s 213(5)(6)). The relevant prescribed information is set out in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007, SI 2007/797. Failure to comply limits the landlord’s entitlement to serve a notice under HA 1988, s 21, and entitles the tenant to apply for an order for the return of the deposit or for its payment into an authorised scheme (HA 2004, s 214(3)), together with a financial award of not less than one, and not more than three, times the deposit’s value (HA 2004, s 214(4))...