Resignation meaning

When appointing and removing pension trustees: Make sure the authority to appoint or dismiss trustees is always exercised solely for a legitimate and proper purpose. Carefully review the trust deed and rules, confirming that every appointment, removal or retirement of a trustee is carried out strictly in line with those documents. Where a company serves as sole trustee, refer to the company’s articles and ensure directors are appointed, removed or retire strictly in accordance with those provisions. Identify whether any restrictions apply to the appointment or removal of trustees—for example, a minimum or maximum number—and make certain the proposed action does not contravene any such restrictions...

Administrator appointed by the court Where the court appoints an administrator under paragraph 11 of Schedule B1 to the Insolvency Act 1986 (IA 1986), following an application by the company, its directors and/or one or more creditors, the title deeds should include certified copies of: the administration order; and any further order(s) under IA 1986, Sch B1, paras 91–95 appointing a new administrator after the death, resignation or removal from office of the original or any later administrator Administrator appointed by holder(s) of qualifying charge, the company or its directors Where the administrator is appointed by the holder(s) of a qualifying floating charge (IA 1986, Sch B1, para 14) or by the company or its directors (IA 1986, Sch B1, para 22), the title deeds should include certified copies of: the notice of appointment: in a form complying with IA 1986, Sch B1, para 14 and the Insolvency (England and Wales) Rules...

Administrator appointed by the court Where the court appoints an administrator under paragraph 11, Schedule B1 to the Insolvency Act 1986 (IA 1986), following an application by the company, its directors and/or any one or more of its creditors, the title deeds must contain certified copies of: the administration order; and any subsequent order(s) under IA 1986, Sch B1, paras 91–95 appointing a new administrator on the death, resignation or removal of the original or any successor The Administrator must also register a notice of appointment at: Companies House; and the Register of Inhibitions, using a form that complies with the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018 (ISCVAAR 2018), SI 2018/1082, r 3.27 Administrator appointed by holder(s) of qualifying charge, the company or its directors Where appointment is made by the holder(s) of a qualifying floating charge (under IA 1986, Sch B1, para 14) or by the company or its directors...

On 22 January 2024, Employment Judge Jennifer Young concluded that Open University academics instigated a 'call to discriminate' against Professor Jo Phoenix by issuing an open letter opposing her gender-critical research network. That discriminatory letter in turn also triggered a 'pile-on' directed at Phoenix, Judge Young expressly observed. Phoenix v The Open University (ET/3322700/2021 & 3323841/2021) The judge found the university failed to secure an appropriate working environment for Phoenix, leaving her to weather the backlash within the institution. This failure amounted to a breach of the implied term of trust and confidence in her contract and ultimately prompted her resignation. According to Judge Young, the Open University did not shield Phoenix from the 'negative campaign' that followed thereafter the launch of her research network because it 'did not want to be seen to give any kind of support to academics with gender critical beliefs'. Phoenix had been employed as a professor from 2016 until she stepped down in December 2021, following what she described as an 'exceptionally...

In this issue: UK Competition Policy UK private actions UK Subsidy control EU State aid Daily and weekly news alerts New and updated content Caselex UK Competition Policy Caselex UK Competition Policy Doug Gurr appointed as interim Chair of CMA following resignation of Marcus Bokkerink The Department for Business and Trade (DBT) and the CMA published a joint press release confirming that the Secretary of State for Business and Trade has accepted the resignation of CMA Chair Marcus Bokkerink and named Doug Gurr as interim Chair. The release explains that the move followed a meeting between the Business Secretary and the Chancellor and senior regulators, who were urged to ‘tear down the barriers hindering business and refocus their efforts on promoting growth’. Gurr’s temporary appointment is described as being ‘in a bid to boost growth and support the economy’. Bokkerink embarked on a five-year term as CMA Chair in September 2022. Gurr currently serves as Director...

In this issue: Arbitration in England and Wales International arbitration Investment treaty arbitration Institutional and ad hoc arbitration Sector-and industry-specific arbitration New and updated content Useful information LexTalk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts Arbitration in England and Wales Court restricts document disclosure under the Arbitration Act 1996 In VXJ v FY [2025] EWHC 2394 (Comm), the Commercial Court (King’s Bench Division) refused an application under sections 43 and 44 of the Arbitration Act 1996 by which the claimant tried to obtain documents from the second and third defendants. The applicant sought either witness summonses pursuant to section 43 or, alternatively, an order under section 44(2)(c) to copy documents. The court found the applications were, in essence, impermissible disclosure bids, not tightly confined summonses for specific materials genuinely needed in the arbitration. It also held that neither section provides for non-party disclosure, and that the broad, category-based requests amounted to an inadmissible...

Looking at secondments from the law firm’s perspective Large clients have long become used to insisting on free secondees as a condition of joining or staying on a panel. Gaining a concession of this sort from a law firm might seem appealing, yet it can be a poor choice if there are other routes to client benefit that do not generate the same operational headache for the firm. No firm is keen to release its top associates on secondment; equally, if the secondee is not a strong ambassador, the client’s experience will suffer. So many associates have been hired directly by clients, or have chosen to move in-house, on the back of secondments, that firms are increasingly reluctant. Practices tend to be more open where some payment is offered and the secondment is not a five‑day‑a‑week commitment. Be clear about your aims, and ask whether different options would work better. Reflect on what you truly need from a secondee: someone to bridge a resource gap due...

The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 set out a refreshed framework for taking decisions across all insolvency processes. The granular rules on decision-making are contained in IR 2016, SI 2016/1024, Pt 15. This Practice Note addresses the practical steps for forming a liquidation committee and explains the general creditors’ decision-making in liquidation. In reality, a liquidation committee carries considerable weight where cases are sizeable and complex. The liquidation committee Liquidators must obtain decisions by deemed consent or through a qualifying decision procedure. Physical meetings are permissible only when the relevant minimum number of creditors so request under section 246ZE of the Insolvency Act 1986 (IA 1986), though creditors may call for one before the notice of deemed consent or qualifying decision procedure is sent. In a creditors’ voluntary liquidation, creditors will be asked to determine if a liquidation committee should be created and to put forward nominees for committee membership at the same time as the directors seek their nomination of a liquidator,...

Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...

[ To be printed on the employer’s headed paper ] [ Date ] Dear [ insert name of employee ], Your resignation I am writing on behalf of [ insert name of employer ] (the Company) to confirm receipt of your resignation letter dated [ insert date ] [ , which was addressed to [ enter name of recipient of resignation letter, if different from the writer of this letter ] ]. In line with your [ service agreement OR contract ], you must provide [ number ] [ weeks’ OR months’ ] notice. Accordingly, your final day of service with the Company will be [ insert date ]. The Company presently intends to require you to work your notice period, and I will advise you if this position changes. [ You should, therefore, continue to attend for work as usual unless instructed otherwise. ] [ [ In accordance with the terms of your [ service agreement OR contract ], you are required to OR The Company...

[ To be printed on the employer’s solicitors’ letterheaded paper ] Strictly private and confidential—to be read by the addressee only [ Insert employee’s name ] [ Insert employee’s address ] [ Insert date ] [ By hand OR By email ] Dear [ insert the employee’s name ] Our client: [ Enter name of Employer ] We are instructed for and on behalf of [ enter name of Employer ] of [ enter the Employer’s full address ] in connection with [ the commencement of your employment OR your proposed employment ] with [ enter name of New Employer ] following [ your purported resignation OR the termination of your employment ] with [ enter name of Employer ] on [ enter date ]...

Director resignation letter—private M&A—share purchase The [ Directors OR Secretary ][ Insert company name ][ Insert company address ][ Insert date ] Dear [ Directors OR Secretary ], [ Insert company name ] (the Company) I hereby tender my resignation from [ each of ] my office[s] as [ a ] [ director AND/OR [ and ] secretary ] of the Company [ and its subsidiaries ], [ with immediate effect OR to take effect from [ [ insert time ] OR the close of business ] on the date of this letter OR to take effect from [ [ insert time ] OR the close of business ] on [ insert date ] OR to take effect from Completion, as defined in the agreement to be...

For an unfair dismissal claim to succeed, the claimant must ultimately prove he was actually dismissed by the employer concerned...

Neither the legislation—Part 4, Schedule 6 of the Education and Inspections Act 2006 (EIA 2006)—nor the guidance—Governance handbook and Schools causing concern—Statutory guidance for local authorities—addresses whether a duty to consult persists where a local authority intends to exercise its EIA 2006, s 65 powers to appoint an Interim Executive Board (IEB) after the entire governing body has stepped down. Warning notice As stated at page 14 of the guidance, a warning notice under Part 4 of the EIA 2006 must be provided in writing to the school’s governing body and must include: the matters on which the local authority’s concerns are based...

In summary In summary, a business can design its share plan to grant employees who resign voluntarily an equity bonus equivalent to that given to retirees. That said, the tax outcome may differ: according to the form of employee share plan selected and operated, awards might be unable to obtain the same tax-advantaged treatment. Both tax-advantaged and non-tax-advantaged share plans exist in such schemes...