Featured documents
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:
Most recent Practice notes
FORTHCOMING CHANGE: This Practice Note sets out the law as it currently stands, though elements could be affected by the Digital Omnibus proposals released on 19 November 2025 under the European Commission’s ‘simplification’ agenda. For details, see Practice Note: EU Digital Omnibus—tracker. It introduces the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), and the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). The UK data protection law collection and the EU data protection law collection compile further core guidance on these regimes and are recommended starting points for research. In brief, data protection law across the EEA (the EU together with Iceland, Norway and Liechtenstein) and the UK aims to ensure that information about living individuals (‘personal data’) is treated fairly and responsibly. To that end, both EEA and UK data protection laws impose...
This Practice Note sets out an overview of the main considerations for employers under Regulation ( EU) 2024/1689, the EU Artificial Intelligence ( AI) Act ( EU AI Act). It highlights essential details on scope, the risk-classification approach, obligations, and how these could be relevant in the employment context. For further material on the EU AI Act, see Practice Notes: The EU AI Act The EU AI Act—snapshot EU AI Act—literacy rules EU AI Act—general purpose AI models Artificial intelligence in the EU—the key legal issues Background and context The EU AI Act creates a comprehensive legal framework governing the development, placing on the market, putting into service, and use of AI systems in the EU. Its aims are to advance the uptake of human-centred and trustworthy AI while safeguarding health, safety and fundamental rights, guarding against harmful effects of AI...
Itemised pay statements This Practice Note outlines the entitlement of a worker (or, for wages or salary relating to a period of work that started before 6 April 2019, an employee) to receive an itemised pay statement under section 8(1) of the Employment Rights Act 1996 ( ERA 1996) (see: Itemised pay statements below). It also addresses: whether online payslips comply with the requirements of ERA 1996, s 8 (see: Online payslips below) what details ought to be included in a pay statement references to the employment tribunal pay records For tips, gratuities and service charges that are paid to the employer, or over which the employer has control or significant influence (qualifying tips), the employer must keep a record at the place of business of all qualifying tips received, together with their allocation and distribution to each worker, and workers are...
Statutory framework The ( EHRC) is an independent non-departmental public body created under the Equality Act 2006 ( EA 2006), which defines its functions, duties and powers. It commenced operations on 1 October 1997, replacing three previous equality bodies: the Disability Rights Commission, the Commission for Racial Equality and the Equal Opportunities Commission. While institutionally separate from government, the EHRC is sponsored by the Government Equalities Office and remains accountable for public money; accordingly, it produces an annual report and a set of accounts each business year. The EHRC’s remit spans England, Scotland and Wales, with Northern Ireland excluded. For more on the EHRC’s framework, see EHRC—governance manual. The commissioners The EHRC’s work is directed by a board of commissioners numbering between 10 and 15, each bringing experience and expertise in equality and/or human rights. Commissioners are appointed for terms ranging from two to five years, with the...
This Practice Note examines the specific defences and exemptions that can arise in cases of discrimination, victimisation and harassment, together with other claims described as prohibited conduct under the Equality Act 2010 ( Eq A 2010). It addresses: unlawful contracts; steps mandated by legislation; national security; state immunity and diplomatic immunity; positive discrimination and positive action at work; claims under equality of terms provisions; occupational requirements; the selection of candidates by political parties; settings with an ethos based on religion or belief; organised religions; the armed forces; competitive sports; communal accommodation; Sikhs wearing turbans on construction sites; seafarers; access to benefits linked to marital status; benefits based on length of service; National Minimum Wage rates; childcare; redundancy payments; the provision of certain benefits and age; and pension scheme exceptions. Which protected characteristics apply Unless otherwise indicated, the defences and exemptions outlined below apply in...
When a dispute or claim concerns an employee working wholly or in part overseas and/or engaged by a foreign employer, two matters must be settled: what rights does the employee have? in which forum should any eventual litigation be heard? In resolving these points, three principal matters arise: applicable law — that is, which legal system governs the employment contract in question? international jurisdiction — namely, which courts and/or tribunals ought to determine the dispute?......
This Practice Note outlines the available resources on protections and liabilities arising from actions or omissions that amount to race discrimination, or other forms of prohibited behaviour connected to race, nationality, or ethnic or national origins. The level of detail here is intentionally light, as the principal aim is to signpost subscribers to the in‑depth Practice Notes that explore each topic comprehensively. Accordingly, treat this Practice Note as an initial stepping stone for research; full detail is contained in the sources linked below... The characteristics protected The Equality Act 2010 ( Eq A 2010) provides protection against discrimination and other prohibited conduct relating to certain specified characteristics that individuals may have. Some protections apply solely to one particular characteristic, while others extend equally across all such characteristics, collectively termed the ‘protected characteristics’. ‘ Race’ is one of these protected...
This Practice Note outlines the time limits for pursuing prohibited conduct claims under the Equality Act 2010 ( Eq A 2010). It looks at the Eq A 2010 rules on: qualification periods, limitation periods, when the clock starts running, how a single event differs from behaviour continuing over time, the interface between time limits and constructive dismissal, and circumstances in which the limit is extended, including for disability cases. Qualification periods No qualifying length of service is required to bring a prohibited conduct claim under the Eq A 2010. In contrast, an employee will generally need two years’ continuous service to bring an unfair dismissal claim (see Practice Note: Qualifying period for unfair dismissal). Where the dismissal is alleged to be discriminatory: the employee can pursue a discrimination claim arising from the dismissal regardless of service, but may not be eligible to bring an unfair...
This Practice Note outlines the situations in which claims of discrimination, harassment and victimisation, and certain other claims, described as ‘prohibited conduct’ under the Equality Act 2010 ( Eq A 2010), may arise, before, during and after employment. It also includes references to case law of the Court of Justice of the European Union ( CJEU). For guidance on whether CJEU judgments are binding on UK courts, see Practice Note: Assimilated law— Assimilated case law. Domestic legislation made to implement UK obligations under EU law (such as the duty to implement a Directive) was retained as EU‑derived domestic legislation under the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). From 1 January 2024, under the Retained EU Law ( Revocation and Reform) Act 2023, EU‑derived domestic legislation is ‘assimilated’ into domestic law, by virtue of the fact that it is...
This Practice Note explores which provisions of the Equality Act 2010 ( Eq A 2010) bring into force the prohibitions on discrimination in schools, the various forms of discrimination—sex, race, religion or belief, age, marriage or civil partnership, and disability—and any relevant exceptions that may apply. It further explains that the Equality Act 2010 ( Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, oblige education-function public authorities to publish yearly information showing compliance with the public sector equality duty ( PSED) in Eq A 2010, s 149... The public sector equality duty Under the Equality Act 2010 ( Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, specific obligations apply to public authorities with education responsibilities. Those bodies must publish material evidencing adherence to the PSED under Eq A 2010, s 149, at annual intervals. This must be done every year. See Practice Notes:...
This Practice Note sets out the remedies when pursuing a prohibited conduct (discrimination) claim under the Equality Act 2010 ( Eq A 2010), and directs readers to further resources for additional detail. It additionally addresses the impact of determinations made in earlier proceedings under the pre‑ Eq A 2010 discrimination regime, as well as the extra requirement of making a ‘service complaint’ that applies to claims brought by members of the armed forces. There is a separate Practice Note dealing with remedies in equality of terms (equal pay) claims: see Practice Note: Equal pay claims—jurisdiction, remedies and interest......
This Practice Note explores the mechanism applied in equal pay disputes, termed equality of terms claims under the Equality Act 2010 ( Eq A 2010). Prerequisites for an equal pay claim The Eq A 2010 contains measures intended to deliver equality between men and women in pay and other employment terms where the work carried out by an employee and their comparator — a person of the opposite sex — is equal. It accomplishes this by implying a sex equality clause into the employee’s contract of employment. That clause is intended to secure parity of terms between the employee and their comparator. An equivalent provision — described as a sex equality rule — is likewise implied into the terms of occupational pension schemes too......
This Practice Note explores who can pursue an equal pay claim—termed equality of terms under the Equality Act 2010 ( Eq A 2010)—and unpacks the ideas of equal work, like work, work rated as equivalent, and work of equal value (equal value claims) in detail. This Practice Note includes citations to decisions of the Court of Justice of the European Union ( CJEU) too. For advice on whether CJEU judgments bind UK courts, refer to Practice Note: Assimilated law— Assimilated case law for further detail. Equal pay Code of Practice and guidance The Equality and Human Rights Commission ( EHRC) has published a Statutory Code of Practice (the Code). The Code does not itself impose legal duties. However, it clarifies the legal obligations under the Eq A 2010. Tribunals and courts dealing with an equal pay claim must consider any portion of the Code that seems pertinent to the...
This Practice Note considers the evidence required for like work, work rated as equivalent, and work of equal value in equal pay claims. Three main contentions Typically, claims under the Equality Act 2010 ( Eq A 2010) proceed on one or more of three principal bases (see Practice Notes: Equal pay: how claims work and Equal pay: equal work and comparators): the claimant carried out like work with another person in the same employment, or the claimant performed work rated as equivalent to that of another in the same employment, or the claimant undertook work of equal value to that of another in the same employment For information on employment tribunal procedure in equal pay claims, see Practice Note: Equal pay claims: tribunal procedure. Like work claims In a claim based on ‘like work’ (as defined, see Practice Note: Equal pay: equal work and comparators— Like work), the...
FORTHCOMING CHANGE: The current enhanced protection against redundancy available to employees during pregnancy, maternity leave and other forms of statutory leave—together with an extra period after leave has finished—is due to be broadened to cover other kinds of dismissal. The powers to make regulations under sections 49D, 74, 75C, 75J, 80D and 80EH of the Employment Rights Act 1996 ( ERA 1996) were expanded by sections 26 and 27 of the Employment Rights Act 2025 ( ERA 2025), in force 6 January 2026 and 6 April 2026 respectively, and regulations are expected to take effect in 2027 (probably on either of the common commencement dates of 1 April or 1 October). The Department of Business and Trade has issued a Factsheet on enhanced dismissal protections for pregnant women and new mothers, and a consultation on the proposed measures ran from 23 October 2025 to 15...
UPDATE (30/11/20): The Health Protection ( Coronavirus, Restrictions) ( All Tiers) ( England) Regulations 2020 ( SI 2020/1374), made on 30 November and coming into force on 2 December 2020, repeal the Coronavirus Restrictions ( No 4) Regulations 2020 ( SI 2020/1200). Consequently, the national lockdown measures discussed in this Practice Note will lapse at the end of Tuesday 1 December 2020, and not at the end of Wednesday 2 December 2020 as previously stated in SI 2020/1200. Also on 30 November, DHSC issued guidance for the following tiers: Tier 1: Medium alert Tier 2: High alert Tier 3: Very High alert See News Analysis: New 2 December COVID-19 tiering legislation and guidance published. This Practice Note and Practice Note: Coronavirus ( COVID-19)—managing the workplace to 18 July 2021 [ Archived] will be updated shortly. UPDATE (26/11/20): On 26 November, DHSC published a full list of local...
ARCHIVED: This archived Practice Note sets out the different versions of coronavirus ( COVID-19) guidance issued by the Department for Business, Energy & Industrial Strategy ( BEIS) from 14 July 2021 onwards. It also supplies versions with tracked changes, highlighting amendments from one edition to the next, enabling practitioners to identify swiftly which iteration of the guidance was in force on any particular date. It is not maintained and is for background information only. For the iterations published up to 13 July 2021, refer to Practice Note: Coronavirus ( COVID-19)—guidance tracker for employment ( BEIS working safely guidance to 18 July 2021) [ Archived]. In each instance, the guidance versions are presented in reverse chronological order, with the latest first. For a tracker covering: the various versions of current guidance and advice from Acas, the Cabinet Office, HMRC, the UK Health Security Agency ( UKHSA)...
UPDATE (29/3/21): On 29 March 2021, the Cabinet Office issued fresh guidance on permitted and prohibited activities, detailing the changes effective in England that day. The earlier Cabinet Office: National lockdown: Stay at Home guidance has been withdrawn. See: LNB News 29/03/2021 43. This Practice Note will be revised shortly to incorporate these developments. UPDATE (29/3/21): On 28 March 2021, the Department of Health and Social Care confirmed that, within its free workplace coronavirus ( COVID-19) testing programme, employers may offer rapid home tests to staff. Further details on the employer testing duty are available here. See: LNB News 29/03/2021 34. This Practice Note will be updated shortly to capture these changes. UPDATE (23/3/21): On 22 March 2021, the Department of Health and Social Care announced the Health Protection ( Coronavirus, Restrictions) ( Steps) ( England) Regulations 2021, SI 2021/364. The Regulations outline the staged...
‘ How to’ guide This ‘ How to’ guide explains the routes for enforcing compensation or costs ordered by an employment tribunal, or an Acas‑conciliated settlement agreement ( COT3). More extensive, general guidance on enforcement can be found in Practice Note: Enforcement of employment tribunal awards and Acas COT3 settlements. The principal avenues an individual may use to pursue and enforce an unpaid tribunal award, or a sum due under an Acas‑conciliated ( COT3) settlement, are to: apply pressure on the employer by registering the unpaid amount with the government’s penalty scheme file a copy of the judgment in the County Court and use that court’s standard enforcement processes use the Acas and employment tribunal fast‑track enforcement procedure Where an award registered with the government’s penalty scheme remains unpaid, the employer can also be ‘named and shamed’, with the worker’s...
When an ET1 claim is presented to the employment tribunal On lodging an ET1 with the employment tribunal, there are several potential grounds for rejection. An initial refusal may later be overturned on reconsideration following an application by the claimant. See Practice Notes: Submission of a claim to the employment tribunal— Rejecting the claim: failure to use prescribed form or to supply minimum information and Responding to a claim in the employment tribunal— Applying for reconsideration of rejection of response for further information. The tribunal will only send the claim to the respondent(s) and invite an ET3 once the claim has been accepted. After an ET3 is filed, it too can be refused for a range of reasons. As with the claim form, a rejected response might be admitted on reconsideration after an application by the respondent. See Practice Notes: Responding to a claim in the...
Popular documents
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 ]...
Discover more from LexisNexis
