What does Workplace mean? In legal practice, workplace describes premises or parts of premises, other than a private home, that are made available for someone to work in, including areas to which they have access while at work (for example, common parts and means of access and egress). In England and Wales and Scotland, this wording is drawn from the Workplace (Health, Safety and Welfare) Regulations 1992; Northern Ireland has materially similar provisions in the 1993 Regulations. Those Regulations exclude domestic premises. They therefore generally do not apply to homeworking in a private dwelling, although employers still owe general health and safety duties under...
Read More
This Practice Note examines the matters connected to religious observance and festivals. It reviews the principal religious festivals and the kinds of issues observance may create in the Workplace, including requests for leave, particular dietary and fasting needs, and workplace celebrations, as well as associated events and customs within teams too. It also looks at policies concerning religious observance at work.
It is sensible practice for employers to recognise issues arising from employees’ religious observance, including those linked to religious festivals, as such awareness can help employers avoid risks that might result in legal liability if mishandled. The principal statutes employers should bear in mind are the Equality Act 2010 (EqA 2010) and the Employment Rights Act 1996 (ERA 1996). Discriminatory conduct could also amount to a Breach of contract, with potential liability for Constructive dismissal and wrongful dismissal.
Anti-discrimination protection applies to individuals who hold a religious belief, and equally to those with a philosophical belief or who lack belief; see Practice Note: Religion or belief. It is unlawful for an employer to discriminate either directly or indirectly. Direct discrimination would involve treating a person less favourably because of a protected characteristic, eg...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...