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Procedural Guide This Procedural Guide explains the process for seeking an attachment of earnings order under the Attachment of Earnings Act 1971 and the Family Procedure Rules 2010, SI 2010/2955, Pt 39, to enforce a maintenance order by directing deductions straight from a debtor’s earnings... Eligibility to apply Handling arrears exceeding 12 months Obligations of the employer and the debtor Where the judgment debtor is an employed individual, the judgment creditor may apply to enforce the judgment against the debtor’s wages or salary. If granted, the employer must make regular deductions from the debtor’s pay and remit those sums to the court. This is referred to as an attachment of earnings order (AEO). See also Practice Note: Attachment of earnings order... FPR 2010, SI 2010/2955, Pt 39 applies to any proceedings that began, but were not concluded, before 6 April 2016 (when procedural amendments were introduced), in the same manner as it applies to proceedings commenced on or after that...
Bath Racecourse Co. Ltd and others v Liberty Mutual Insurance Europe SE and others On the opening day of the hearing, counsel for companies compelled to shut during the March 2020 UK lockdown told the UK Supreme Court that the Coronavirus Job Retention Fund did not, as a matter of law, remove or reduce the liability to pay wages owed to staff. The dispute, Bath Racecourse Co. Ltd and others v Liberty Mutual Insurance Europe SE and others, is politically contentious. Its outcome will determine whether small businesses or insurers end up as the ultimate beneficiary of a portion of the £70bn of taxpayers’ money that was spent to support furloughed workers when the pandemic broke out in 2020. The case focuses on the operation of savings clauses...
Main v Spadental Ltd and another [2024] EAT 200 What are the practical implications of this case? The decision will interest practitioners working in insolvency and employment. On the vesting of claims, it confirms the broad scope of section 436 of the Insolvency Act 1986 regarding what counts as property. A chose in action can pass to a trustee in bankruptcy even where, at that point or in those circumstances, the bankrupt is not yet able to enforce it. The EAT also indicated that the nature of the remedy pursued is pivotal in deciding whether a claim is personal or proprietary, and that the legislative policy aims behind the cause of action carry less weight than the character of the remedy itself. Trustees of bankrupt estates will be reassured that employment claims where the cause of action includes at least a failure to pay wages, and where the relief is quantified solely by reference to the worker’s rate of pay, are not treated as ‘personal’ claims of the...
In this issue: Commercial Competition Corporate Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers Commercial Commission consults on evaluation of market surveillance regulation The European Commission has launched a consultation to assess and, if needed, update the Market Surveillance Regulation (EU) 2019/1020. It aims to strengthen the operation of the single market by boosting compliance with EU product harmonisation rules, with any amendments scheduled for Commission adoption in Q3 2026. The consultation closes on 4 February 2026. See: LNB News 12/11/2025 22. Commission consults on New Legislative Framework revision The Commission’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW H4) has opened a consultation to underpin the revamp of the New Legislative Framework (NLF) governing product law, seeking to capture stakeholder views on...
FORTHCOMING CHANGE: Agricultural Minimum Wage rates are ordinarily reviewed each year by the Agricultural Advisory Panel for Wales (the Panel). As the recruitment of a new Chair is still underway, the Panel has not been able to finalise an Agricultural Wages Order for 2026. Accordingly, from 1 April 2026 the rates set out in the Agricultural Wages (Wales) Order 2025, SI 2025/293, will continue to apply, except where superseded by changes to the National Minimum Wage (NMW) or National Living Wage (NLW). This Practice Note will be updated to reflect any amendments introduced by the Agricultural Wages Order for 2026 once it is made. FORTHCOMING CHANGE: Relevant provisions (not yet in force) of the Tertiary Education and Research (Wales) Act 2022 will create a new scheme of apprenticeships in Wales, replacing the current regime under Chapter 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA 2009), from a date yet to be determined. This Practice Note is a guide to the key elements of employment...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It sets out the different iterations of HMRC and DHSC guidance on the Coronavirus Job Retention Scheme (CJRS) released over time, and supplies tracked-change comparisons highlighting alterations from one update to the next, so practitioners can quickly determine which version of the relevant guidance applied on any given date. For a guidance tracker: covering the successive versions of HMRC guidance on the Self-Employment Income Support Scheme (SEISS), see Practice Note: Self-Employment Income Support Scheme—guidance tracker [Archived] covering the successive versions of general guidance on coronavirus (COVID-19), see Practice Notes: Coronavirus (COVID-19)—guidance tracker for employment (non-BEIS guidance) [Archived] and Coronavirus (COVID-19)—guidance tracker for employment (BEIS working safely guidance to 18 July 2021) [Archived] Separate sections of the Practice Note cover: Treasury Direction Guidance for employers: Check if you can claim for your employees’ wages through the Coronavirus Job Retention Scheme Check which employees you can...
ARCHIVED: This Practice Note is archived, not maintained, and provided solely for background reference. It addresses the ‘flexible furloughing’ version of the Coronavirus Job Retention Scheme (CJRS) that operated from 1 July to 31 October 2020. The content reflects the position under the revised CJRS during that timeframe. For more detail on: the extended CJRS running between 1 May and 30 September 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [Archived] the extended CJRS in force from 1 November 2020 to 30 April 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 November 2020 to 30 April 2021) [Archived] the original CJRS applying from 1 March to 30 June 2020, see Practice Note: Coronavirus Job Retention Scheme (original version to 30 June 2020) [Archived] For a template letter documenting flexible furlough arrangements under the extended CJRS, see Precedent: Letter—from employer to employee regarding flexible furlough arrangements (extended CJRS 1 May...
Insert in para 6.1 of response form ET3: The Respondent rejects any assertion that it has contravened the Working Time Regulations 1998 [ , or made an unlawful deduction from wages in respect of holiday pay ] [ , or acted in breach of contract ], whether as pleaded or at all. [ It is further denied that the employment tribunal has jurisdiction to hear the claim because [ insert details, eg ‘the claim has been presented out of time’ or ‘the Claimant is not a worker so has no entitlement to paid holiday’ ]. ] The parties and the background facts [ It is [ accepted OR not accepted OR denied ] that the Claimant has worked for the Respondent as a [ insert job title ] since [ insert start date of employment ]. OR It is [ accepted OR not accepted OR denied ] that the Claimant was employed by the Respondent as a [ insert job...
For further information on this topic in general, see: National minimum wage—Eligibility Employment-related statutory rates and limits table Minimum wage compliance checklist Deductions from wages Some of the statutory exceptions to the right to receive the national minimum wage are outlined below. This response concentrates on the scenarios where the point most commonly arises. Workers only Only ‘workers’ are entitled to be paid the national minimum wage—see our Practice Note: Worker status—Definition of ‘worker’. Agency workers who would otherwise fall outside the definition of a ‘worker’ because they have no contract with either the supplier or the recipient of their services are nevertheless entitled to the national minimum wage. Home workers who might not otherwise be ‘workers’ owing to an absence of any personal obligation in the contract to carry out the work themselves are likewise entitled to be paid the national minimum wage. The genuinely self-employed are not entitled to be paid the national minimum...
Where an employer provides less notice of termination than is required under the employment contract (or none at all), they will have ended the employee’s employment in breach of the contract of employment; in other words, this will constitute a wrongful dismissal...
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...
(1) In this Part “wages”, in relation to a worker, means any sums payable to the worker in connection with his employment, including—(a) any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise,(b) statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992,(c) statutory maternity pay under Part XII of that Act,[(ca) [statutory paternity pay] under Part 12ZA of that Act,(cb) statutory adoption pay under Part 12ZB of that Act,][(cc) statutory shared parental pay under Part 12ZC of that Act,][(cd) statutory parental bereavement pay under Part 12ZD of that Act,](d) a guarantee payment (under sectio