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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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The public sector equality duty ( PSED) The PSED, set out in Part 11 of the Equality Act 2010 ( Eq A 2010), comprises a general equality duty—the overarching substance of the obligation—supported by specific duties intended to assist delivery of that general duty. For background, see Practice Note: Public sector equality duty. This Practice Note explains how the specific duties require public bodies to act transparently in meeting the PSED, requiring them to: publish relevant, proportionate information evidencing compliance with the PSED set and publish specific, measurable equality objectives The specific duties do not replace the general PSED. Public bodies subject to them must fulfil the specific duties to support overall compliance with the general duty. These duties also enable monitoring and demonstration of that compliance. As a result, public authorities can be held to account by their service users for decisions taken, and equality aims remain firmly in the...
Labour and employment— Spain— Q& A guide [ Archived, 2018 edition] The international employment law guide on Spain is arranged as a Q& A. The questions appear below. Please note this is the archived 2018 version. The 2019 edition does not feature an updated guide for this jurisdiction. You can access the guide via the hyperlink shown immediately beneath: The questions raised in the guide Legislation and agencies What are the key employment statutes and regulations? Is discrimination or harassment at work prohibited by law? If so, which categories receive protection? Which main government authorities or other bodies are charged with enforcing employment laws and regulations? Worker representation Is there legislation that requires or permits the formation of employees’ representatives in the workplace? What powers do they possess? Background information on applicants Are there limits or bans on conducting...
The Smart Precedent handbook Users can choose exactly which policies and procedures they wish to include within either a long-form or a short-form handbook, selecting from our library of more than 50 precedents on offer......
Labour and employment— Slovakia— Q& A guide [ Archived, 2019 edition] The Slovakia chapter of the international employment law guide is arranged as a Q& A. The queries are listed below. Please be aware this is the 2019 archived edition. The 2020 edition does not contain an updated guide for this country. You can view the guide by following the hyperlink immediately beneath... The questions raised in the guide Legislation and agencies What are the principal employment laws and regulations? Is there legislation banning discrimination or harassment at work? If so, which categories are covered by the law? Which key government agencies or other bodies are responsible for enforcing employment statutes and regulations? Worker representation Is there legislation that requires or permits the creation of employees’ representatives in the workplace? What powers do they...
This Practice Note outlines the statutory shared parental pay ( Sh PP) framework that operates for the birth of a child. It further explores legal and practical considerations around contractual (occupational) shared parental pay (see: Contractual shared parental pay), especially risks of detriment and discrimination. The legal basis for Sh PP—the Statutory Shared Parental Pay ( General) Regulations 2014—came into force on 1 December 2014. Guidance and other materials A range of guidance and materials is available. Acas guidance Acas has produced guidance documents together with certain template resources. See Acas materials on shared parental leave and pay. Government guidance The government has published a comprehensive 66-page guidance document aimed at employers. See: Alongside outlining the shared parental leave and pay system in general, this guide offers practical help for unusual circumstances practitioners may face, and includes examples and explanatory sections, such as: details for workers holding multiple...
Practice Note This Practice Note explains the shared parental leave framework that applies to the adoption of a child under section 75G of the Employment Rights Act 1996 ( ERA 1996) and the Shared Parental Leave Regulations 2014 ( SPL Regs 2014), SI 2014/3050. It outlines who qualifies as an adopter and/or an adopter’s partner, the requirement to curtail any adoption leave, the notices and declarations that must be given to the employer before any leave can be taken, the parties’ rights and duties when proposing and altering blocks of leave, and, together with the relevant contractual and other protections that apply during leave. In short, shared parental leave enables, following adoption, the child’s adopter and a second individual (who must be the adopter’s spouse, civil partner, or partner) to divide, if they choose, up to 50 weeks of the leave that would...
For comprehensive coverage of the substantive right to take shared parental leave, refer to Practice Notes: Shared parental leave (birth) and Shared parental leave (adoption). This Practice Note outlines the circumstances in which employees may carry out work while on shared parental leave. For details on the ability to work during maternity and adoption leave, see Practice Note: Work during maternity or adoption leave—keeping in touch days. Shared parental leave keeping in touch days ( SPLIT days) Employees can undertake up to 20 days of work ('shared parental leave in touch days' or ' SPLIT days') during any periods of shared parental leave that they take, without such work ending their shared parental leave, or any entitlement to shared parental pay......
This Practice Note sets out the shared parental leave framework for births under section 75E of the Employment Rights Act 1996 ( ERA 1996) and the Shared Parental Leave Regulations 2014 ( SPL Regs 2014), SI 2014/3050. In outline, after a child is born, the mother and one other person — either the child’s father, or an individual who is married to, the civil partner of, or the partner of, the mother — may share up to 50 of the 52 weeks of leave that would otherwise be the mother’s maternity leave. It does not add to the total leave available; instead, it enables those two people to divide that existing entitlement if they wish. Overview of shared parental leave and pay on birth In brief, eligible parents who share responsibility for a child can use shared parental leave in the first year after: the birth of...
This Practice Note This Practice Note sets out guidance on warranties, disclosure and indemnities for advisers handling the employment elements of acquiring all the issued share capital of a company, ie a share purchase. It explains how these topics sit alongside the due diligence exercise and outlines potential constraints on warranties, such as caps, floors and collars (or buckets), together with the seller’s knowledge or awareness and the scope of disclosure. Where the purchaser acquires the entire issued share capital of the employing company (a share purchase), the shareholders may change, but the employee–employer contractual relationship remains intact; the share deal itself does not effect a change of employer or alter the contract of employment. This is different from an asset acquisition, where the Transfer of Undertakings ( Protection of Employment) Regulations 2006, SI 2006/246 ( TUPE 2006) operate to transfer the...
This Practice Note provides a high-level, low-detail overview of all our materials addressing protections and liabilities stemming from acts and omissions that amount to sex discrimination, or other forms of prohibited conduct associated with sex. The content here is intentionally light on detail; its principal function is to direct subscribers onwards to the fully developed materials housed in the numerous further Practice Notes that examine each aspect of the subject in depth. Consequently, this Practice Note should be treated purely as a starting point for research, since full information is available only elsewhere, in the locations linked below. The characteristics protected The Equality Act 2010 ( Eq A 2010) safeguards against discrimination and other prohibited conduct connected to certain specified characteristics that individuals may possess. Some safeguards apply solely to a single characteristic. Others apply equally to all such...
Service provision changes ( SPCs) This Practice Note explores service provision changes ( SPCs) under the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006), SI 2006/246, reg 3(1)(b), arising when activities are outsourced, brought back in-house, or a contractor or service provider is replaced. It explains the approach for cases where the relevant transfer under TUPE 2006 occurs on or after 31 January 2014, and addresses scenarios typically encountered in outsourcing, insourcing, or a change of provider. The Note also clarifies how SPCs operate in those contexts. For the pre-31 January 2014 position, refer to the government’s TUPE 2006 guidance ( June 2009)—applicable only to transfers on or before 30 January 2014 and not updated in light of more recent case law—and to Practice Note: TUPE—the pre- January 2014 position [ Archived]— Service provision changes. A switch in service provider can...
Issues to consider when acting for an employee entering into a contract of employment and/or reviewing the draft employment contract This Practice Note outlines points to assess when representing an employee signing, or seeking review of, an employment contract. The document will almost always be drafted by the employer, and the wording will favour the employer. Where the draft reflects the employer’s standard terms for peers at the same grade, the employer will typically resist material amendments, save to capture the specific remuneration and benefits agreed with the individual. An employee’s prospects of securing revisions to the employer’s template will, naturally, turn on the strength of their negotiating leverage, influenced by factors such as seniority and conditions in the sector’s job market. Relative bargaining power is usually decisive in negotiations. This Practice Note proceeds on the basis that the individual is not a...
This Practice Note sets out a checklist of employment-related due diligence points that commonly arise from the seller’s standpoint on an acquisition of the whole issued share capital of a company (a share purchase). In a share purchase, the buyer assumes ownership of the company that runs the business (the target company) and, as a consequence, takes on all of its assets, commitments and liabilities, whether or not the buyer knew of them—see: General issues (share purchase)—overview. For any share purchase, the buyer’s starting principle is caveat emptor (let the buyer beware). The seller is under no obligation to disclose to the buyer any defects in, or liabilities of, the target company. The buyer will therefore appoint its advisers to carry out due diligence on commercial, tax, financial and legal matters (including employment), and to produce due diligence reports that draw out...
Self- Employment Income Support Scheme ( SEISS) This Practice Note examines the Self- Employment Income Support Scheme ( SEISS), through which self-employed individuals and partners in partnerships whose activities were adversely affected by coronavirus ( COVID-19) could receive a grant from HMRC. The scheme concluded on 30 September 2021, when the window for claims for the fifth and final payment ( SEISS 5) closed. This Practice Note outlines the position for SEISS 5 claims as it applied immediately before the scheme ended. The government announced the SEISS on 26 March 2020, and the online service for the initial grant ( SEISS 1) operated from 13 May–13 July 2020. The SEISS was then extended three times: On 29 May 2020 it was stated that the SEISS would be extended (first SEISS extension) to provide a second grant ( SEISS 2)....
This Practice Note explores the legal issues involved in taking on an apprentice in Scotland, setting out the context and key distinctions. Introduction to apprenticeships in Scotland The apprenticeship contract has its roots in Scotland’s Middle Ages, where it served to control and often monopolise the craft or business carried on in certain trades. By the early nineteenth century, courts were already being asked to separate apprenticeship agreements from other, usually employment, contracts, and that inquiry has persisted ever since. Today, the Scottish Modern Apprenticeship system is markedly different and widespread. It is largely state backed, aiming to align skills with the needs of business and industry across sectors. Modern Apprentices learn in the workplace as well as through colleges and universities, combining practical experience with formal study. Training providers supervise and oversee the apprenticeship throughout. Contemporary arrangements are frequently tripartite, bringing together...
To succeed with an unfair dismissal claim, the claimant must demonstrate that the employer did in fact dismiss them personally. A contract of employment can end in several different possible ways (see Practice Note: Distinguishing dismissal from other forms of termination)......
FORTHCOMING CHANGE: On 26 November 2025, within Budget 2025, the government confirmed that from April 2029, only the first £2,000 a year of pension contributions made under a salary sacrifice arrangement will be outside the scope of National Insurance contributions ( NICs). Amounts given up through salary sacrifice above £2,000 annually will attract both employer and employee NICs, meaning any excess over £2,000 will be treated for NICs in the same way as other employee workplace pension payments. Employer contributions remain unchanged, and income tax relief is not affected. Employers must report the total salary forgone via existing payroll systems, and HMRC has pledged to liaise with stakeholders. Further guidance will be issued ‘before April 2029’. The National Insurance Contributions ( Employer Pensions Contributions) Bill 2026 will add a new subsection to section 4 of the Social Security...
This Practice Note provides commentary on the documents that an employer may accept when undertaking a manual right to work check For details on when and why a right to work check is required, see Practice Note: Right to work checks: When and why. The UK has shifted to digital immigration status for non- British and non- Irish nationals. From 6 April 2022, employers were no longer allowed to accept or review physical Biometric Residence Permits ( BRPs), Biometric Residence Cards ( BRCs) or Frontier Worker Permits as proof of right to work, even if a later expiry was printed. Instead, an online check must be completed for these individuals. Those documents enabled holders to generate a share code before they were able, during 2024, to create a UK Visas & Immigration account to access their e...
Where an employer is found to have employed someone unlawfully in the UK, they may face civil penalties and/or criminal sanctions. For further information, see Practice Notes: Illegal working: dealing with a civil penalty and Illegal working: dealing with a criminal allegation. Alongside civil and criminal measures, a sponsor licence holder may have its licence revoked if illegal working is established. The employer can also sustain reputational damage and adverse publicity (eg being ‘named and shamed’ by the government), which can harm the business’s prospects of winning tenders or contracts. To limit these risks, employers must have rigorous processes and procedures to check every employee’s right to work before they start, and conduct repeat checks as required throughout the employment relationship. Employers also need to recognise and address any allegations of illegal working (or potential illegal working) during employment. In doing so, they should remain...
STOP PRESS This Practice Note is being revised to reflect amendments to the Sponsor Guidance that took effect on 6 March 2026. See News Analysis: Detailed list of Home Office’s Sponsor Guidance changes of 6 March 2026. This Practice Note examines why employers must undertake ‘right to work’ checks and the points at which such checks are required. It also addresses when such checks ought to be undertaken by employers. Why should employers conduct right to work checks? Illegal employment It is unlawful to employ an adult subject to immigration control who has: not been granted permission to enter or remain in the UK, or permission that is invalid, expired, or has otherwise ceased to have effect (eg cancelled or curtailed), or which carries a condition preventing the taking up of employment A contravention will arise, even where the employer is unaware of the...
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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 ]...
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