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
This Practice Note considers the practical matters that commonly arise in connection with an employment settlement agreement (previously referred to as a compromise agreement). It also highlights the likely tax considerations and signposts our related Practice Notes for fuller guidance. For details of the legal requirements (that is, the conditions governing settlement agreements) that must be satisfied for an agreement to be binding and effective to compromise statutory employment claims, see Practice Note: Settlement agreements in employment—legal requirements Parties to the agreement Where the employer is an individual, or a company with a straightforward corporate set-up, the parties to the settlement agreement will be the employer and the employee, with no necessity to mention third parties. However, the identity of the employing entity may not be simple, eg within a more complex group structure where: the employee works, or has worked, for other...
The Acas Code of Practice on disciplinary and grievance procedures ( Acas Code) Defines baseline expectations of fair conduct for handling disciplinary and grievance matters at work, and imposes duties on workers and management alike to observe its requirements. As a statutory code (see: Key principles of the Acas Code below), it influences a wide spectrum of employment disputes, and non-compliance can be weighed when liability is assessed and may affect any compensation awarded in relevant cases. The non-statutory Acas guide on discipline and grievances at work supports the Code and offers good practice guidance for managing discipline and grievances in the workplace. Where there is uncertainty about interpreting the Code, tribunals may look to the Acas guide for direction. For more detail, see Guidance to the Acas Code, below. This Practice Note sets out how the Code is applied in...
Providing a smoke-free workplace In England, employers are required to maintain smoke-free workplaces under the Health Act 2006 ( HA 2006)—see: Obligation to provide a smoke-free workplace, below. Related regulations specify: the no-smoking signs that must be displayed in smoke-free premises—see: Obligation to display no-smoking signs rules for smoke-free vehicles—see: Company vehicles criminal sanctions for breaches—see: Criminal penalties how smoking shelters should be designed and located—see: Smoking shelters Local authorities enforce these duties, and their websites provide additional guidance for employers. This Practice Note also covers: The Tobacco and Vapes Bill—see: The Tobacco and Vapes Bill, below considerations when implementing a smoking policy—see: Smoking policy, below disciplinary and dismissal considerations—see: Disciplinary and dismissal issues, below whistleblowing where a worker reports smoking in breach of the rules or raises other concerns—see: Whistleblowing employer issues linked to ‘vaping’, i.e. the use of vapes (also called e-cigarettes) as an alternative to tobacco...
This Practice Note explores the remit, establishment and duties of the ( FWA). Its remit spans: enforcing national minimum wage rules; the framework of labour market enforcement undertakings and orders; offences under the Modern Slavery Act 2015 ( MSA 2015); the licensing system for gangmasters and inquiries into labour market exploitation; together with enforcing the Employment Agencies Act 1973 ( EAA 1973) and enforcing unpaid employment tribunal awards. Plans also envisage broadening the FWA’s role to cover enforcement of statutory sick pay and holiday pay. Scope of the FWA The FWA operates as an Executive Agency within the Department for Business and Trade ( DBT), formed through administrative means. Lacking separate legal personality, the Employment Rights Act 2025 ( ERA 2025), which created it, confers on the Secretary of State a suite of powers to uphold specified employment legislation. In practice, these powers are...
This Practice Note reviews the remuneration framework originating from the Alternative Investment Fund Managers Directive 2011/61/ EU ( AIFMD) and set out in the alternative investment fund manager ( AIFM) Remuneration Code (the Code) within the Senior Management Arrangements, Systems and Controls sourcebook ( SYSC) of the Financial Conduct Authority ( FCA) Handbook at SYSC 19B. It outlines the main elements of the Code, including its reach, the meaning of remuneration and the Code’s principles. Managers of alternative investment funds ( AIFs), including hedge funds, private equity funds and other AIFs (such as commodity funds, venture capital funds, real estate funds and investment funds), may all potentially fall within the scope of the remuneration requirements. For an accessible checklist of the relevant requirements, see: —checklist. For details on the equivalent EU requirements, see Practice Note: EU...
This Practice Note outlines the legal position and offers practical guidance for service providers on their duties to deliver goods, services and facilities to customers in a non-discriminatory manner under the Equality Act 2010 ( Eq A 2010). It sets out the protected characteristics recognised by Eq A 2010 and gives practical illustrations of different forms of unlawful treatment, together with steps that can be taken to prevent discrimination... Direct discrimination Discrimination by association Discrimination by perception Indirect discrimination Harassment Victimisation Discrimination arising from a disability It also considers enforcement and remedies in Eq A 2010 claims, as well as the territorial scope of the Act. See also: Compliance with the Equality Act 2010 by service providers—checklist. For information on how Eq A 2010 operates in the context of employment...
STOP PRESS: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, activate the remaining provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025). Measures on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement take effect from 5 February 2026, with penalty notices and complaints provisions commencing on 19 June 2026. For further details, see Practice Note: Data ( Use and Access) Act 2025—employment implications. That Practice Note will be updated shortly to reflect these developments. The growing reliance on social media brings both opportunities and hazards for employers and staff. The capacity to connect, build networks and broadcast swiftly to broad yet targeted audiences can greatly aid an organisation when used constructively. Yet the same characteristics can create serious...
ARCHIVED This archived Practice Note is no longer maintained and is supplied for background reference only. It aims to answer a series of frequently asked questions about the original Coronavirus Job Retention Scheme ( CJRS) that applied up to 30 June 2020. For fuller detail on the CJRS itself, see the following Practice Notes: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [ Archived] Coronavirus Job Retention Scheme (extended version 1 November 2020 to 30 April 2021) [ Archived] Coronavirus Job Retention Scheme (extended version 1 July to 31 October 2020) [ Archived] Coronavirus Job Retention Scheme (original version to 30 June 2020) [ Archived] Coronavirus Job Retention Scheme—guidance tracker [ Archived] See also: Coronavirus ( COVID-19)—issues when ending furlough or terminating employment [ Archived] Coronavirus Job Retention Scheme—the pensions implications [ Archived] Taxation of coronavirus ( COVID-19) government support payments [...
UPDATE (22/2/22): Following the Prime Minister’s 21 February 2022 announcement, the Cabinet Office has issued the government’s COVID-19 Response: Living with COVID-19, outlining plans to lift the remaining domestic legal coronavirus ( COVID-19) restrictions in England from 24 February 2022. Further detail is available in: LNB News 22/02/2022 8 News Analysis: Coronavirus ( COVID-19)— How should employers respond to the scrapping of self-isolation rules? For the position from 24 February, see Practice Note: Living with coronavirus ( COVID-19) in the workplace from 24 February 2022 [ Archived]. This Practice Note has been archived and is no longer being updated. It captures the approach under the COVID-19 Response: Autumn and Winter Plan 2021 and Cabinet Office advice on staying safe and reducing transmission prior to the 24 February 2022 changes. For details from 24 February 2022, refer to Practice Note: Living with coronavirus ( COVID-19) in the workplace from 24...
This Practice Note This Practice Note outlines when an employee qualifies for a statutory redundancy payment (also known as a redundancy termination payment) upon termination of employment. It addresses the qualifying criteria, identifies categories that are expressly excluded, and highlights the significance of the ‘relevant date’ of redundancy. It explores what amounts to dismissal and redundancy for the purposes of statutory redundancy pay, the procedure by which an employee may serve a counter-notice to shorten the redundancy notice period, and the employer’s entitlement to serve a counter notice. It further explains the nature of a redundancy payment and the method for calculating it, including what counts as a week’s pay, how to make a claim for a redundancy payment, the effect of contracting-out provisions, and the potential to seek compensation for consequential loss......
ARCHIVED: This Practice Note is archived, not maintained, and supplied for background information only. STOP PRESS (16/7/21) Legislation has been brought in to commence Step 4 of the Roadmap. The Health Protection ( Coronavirus, Restrictions) ( Steps etc) ( England) ( Revocation and Amendment) Regulations 2021, SI 2021/848, taking effect at 11.55 on 18 July 2021, revoke a range of provisions, including limits on numbers for indoor and outdoor gatherings, social distancing, the requirement to wear face coverings and the collection of contact details. See: LNB News 16/07/2021 22. STOP PRESS (15/7/21) The Department for Business, Energy and Industrial Strategy ( BEIS) published Working safely during coronavirus: guidance from Step 4 on 14 July 2021. The earlier 14 guides have been condensed into six new guides effective from 19 July. These confirm that all businesses can open and the government is no longer instructing people to work from home;...
ARCHIVED: This Practice Note is archived and not being maintained. It reviews the Employment Rights Act 1996 ( Coronavirus, Calculation of a Week’s Pay) Regulations 2020 ( Week’s Pay Amendment Regs 2020), SI 2020/814, which ensure that employees furloughed under the Coronavirus Job Retention Scheme ( CJRS) for any period ending on or before 30 September 2021 receive statutory redundancy pay, statutory notice pay and other entitlements by reference to their usual earnings rather than the reduced furlough rate. For details on the Coronavirus Job Retention Scheme ( CJRS), extended to 30 September 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [ Archived]. For general guidance on working out a week’s pay under sections 221–224 of the Employment Rights Act 1996 ( ERA 1996), see Practice Note: Calculating a week’s pay. The Employment Rights Act 1996 (...
ARCHIVED This archived Practice Note is not being maintained and is supplied for background purposes only. It covers the original Coronavirus ( COVID-19) Job Retention Scheme ( CJRS), first unveiled by the government on 20 March 2020, which applied from 1 March to 30 June 2020. For information on: the extended CJRS operating 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 effect 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 revised CJRS running from 1 July to 31 October 2020, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 July to 31 October 2020) [ Archived] The CJRS was a temporary initiative, originally intended to run for three months from 1...
Practice Note This Practice Note sets out the factors an employer should assess when shaping a redundancy policy or procedure, such as the benefits and drawbacks of adopting a written process, whether it belongs in a collective agreement or a policy document, whether it is contractual or non-contractual, the provisions to include and the degree of detail required... Employers generally manage redundancies in one of three ways: On an ad hoc basis, with no written procedure By implementing a written procedure in a policy (which may be contractual, but more commonly is not) By adopting a written procedure within a collective agreement A summary of the key considerations is outlined below: Type of approach Ad hoc What it involves: No written procedure; the employer’s approach may shift according to the circumstances of each redundancy round When it may be...
This Practice Note examines the two different statutory definitions of 'redundancy'. This Practice Note explores the two statutory meanings of ‘redundancy’. The first appears in the Employment Rights Act 1996 ( ERA 1996). Whether that definition is met determines: if an employee qualifies for a statutory redundancy payment (see Practice Note: Entitlement to statutory redundancy payment) if, in an unfair dismissal claim, redundancy is the reason for dismissal (one of the potentially fair reasons—see Practice Note: Reason for dismissal—redundancy) For further detail on this first definition, see: Redundancy payment entitlement, and fair reason for dismissal, below. The second statutory definition is set out in the Trade Union and Labour Relations ( Consolidation) Act 1992 ( TULR( C) A 1992) and applies to collective redundancy contexts. That definition must be satisfied—together with other...
This Practice Note examines when reinstatement will be ordered as a remedy under section 112 of the Employment Rights Act 1996 ( ERA 1996) following a finding of unfair dismissal. The key factors are: whether the employee seeks reinstatement; whether returning them is feasible in practice; and whether doing so would be fair in the circumstances. It also covers what a reinstatement order must contain, its legal effect once made, and how arrears of salary and associated benefits are to be quantified. Where an employer does not comply, in whole or in part, a further hearing on reinstatement will be convened. At that stage, the tribunal assesses whether compliance was in fact practicable and, if so, calculates an additional compensatory award under ERA 1996, s 117 in consequence of the failure to honour a reinstatement or re-engagement...
This Practice Note considers the impending entitlement for trade unions holding a certificate of independence to enter workplaces to meet, recruit, organise and represent workers, and to facilitate collective bargaining. The entitlement will be introduced under section 59 of the Employment Rights Act 2025 ( ERA 2025) once commenced, with further detail to be prescribed in regulations. A consultation on the right ran from 23 October to 18 December 2025. The government’s response was published on 8 April 2026, alongside a consultation on a draft statutory Code of Practice ( Co P) to be issued under section 203 of the Trade Union and Labour Relations ( Consolidation) Act 1992 ( TULR( C) A 1992). That consultation runs until 20 May 2026. The intention is for the new access right to come into force by October 2026. For further...
Practice Note This Practice Note summarises the principal requirements and considerations surrounding disciplinary and grievance procedures in broad terms. It explains the advantages of carefully drafted, written procedures for discipline and grievances. It addresses the obligation to include specified information about these procedures in written statements of particulars, the core principles underpinning them, the effect of the Acas Code of Practice on Disciplinary and Grievance Procedures, and the statutory right to be accompanied. It also examines the use of disciplinary warnings, contractual issues where procedures are binding terms, and the implications of the right to a fair hearing under Article 6 of the European Convention on Human Rights ( ECHR). Many employers maintain their own processes for managing discipline or enabling staff to raise grievances, commonly set out in employee handbooks or staff manuals, and in some organisations made available by other means, for...
This Practice Note reviews key issues for employers when hiring children, young people and apprentices, such as: the contractual capacity of minors (see: Contractual capacity of minors, below) statutory rules on child employment (see: Employment of children, below), including limits on work and hours, local authority byelaws, and licences for paid performances, sport and modelling children’s statutory rights (see: Statutory rights of children, below) legal issues arising when employing young people the duty to remain in education and training to age 18 in England, and the right to paid time off for study and training in Wales and Scotland the contract of employment (see: Contract of employment, below) health and safety obligations (see: Health and safety obligations, below) considerations around work experience, and rules concerning apprentices (see: Apprentices, below) The Practice Note first sets out the...
This Practice Note This Practice Note explores the extent to which parties can exclude the operation of the Transfer of Undertakings ( Protection of Employment) Regulations 2006, SI 2006/246 ( TUPE 2006). It reviews the scope to resolve TUPE 2006 claims by a settlement agreement (previously termed a compromise agreement) and by using tripartite settlement arrangements. It also sets out the general position that claims where the remedy is conferred by TUPE 2006 cannot be compromised, whereas claims where the remedy arises under other legislation, for example the Employment Rights Act 1996 ( ERA 1996), may be settled. In addition, it outlines Advisory, Conciliation and Arbitration Service ( Acas) conciliation for certain TUPE 2006 claims and how the early conciliation requirement applies to those claims. EU-derived provisions, including much of TUPE 2006 that give effect to the UK’s obligations under EU law—such as...
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
