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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) Set out in Part 11 of the Equality Act 2010 (ss 149–159), the public sector equality duty ( PSED) comprises a general equality duty applying UK-wide to public bodies listed in Schedule 19 of the Eq A 2010, alongside specific duties intended to support delivery of the general duty and enhance transparency. Although the general duty is identical across England, Wales and Scotland, the specific duties made under Eq A 2010, s 153 vary. In Wales, listed public bodies must meet particular specific duties that sit alongside the UK-wide general duty. These specific duties bind listed Welsh bodies only. They do not extend to non-devolved public authorities operating in Wales. Under Eq A 2010, s 149, the general duty requires public authorities and those exercising public functions to have 'due regard' to the need...
Contravention of an enactment This Practice Note explores when breach of a statutory duty or restriction, often termed 'illegality', may constitute a potentially fair reason for dismissal, namely where the job cannot be carried out without a requirement imposed by or under statute being broken, whether by the employee or the employer. It examines the significance of the employer’s belief regarding the alleged contravention, the overlap with some other substantial reason ( SOSR) as a justification for dismissal, and includes relevant examples. It also sets out the procedural steps expected for such dismissals and the implications of the Acas Code of Practice. One potentially fair ground for dismissal is that the employee could not continue in the role they held without a statutory duty or restriction being contravened (by either party). See Precedent: ET3 Response to unfair dismissal...
Dismissal of an employee by their employer Generally, an employer takes the initiative to end an employee’s employment. In essence, the employer brings the contract of employment to an end through what they say or do. Such action is usually known as an express dismissal. However, there are situations where the employer does not end the contract but acts in a way that allows the employee to resign and argue that, because of the employer’s misconduct, they have effectively been dismissed. A resignation in those circumstances may amount to a constructive dismissal. Here, the resignation is treated as dismissal arising from the employer’s conduct......
Quick view This Practice Note explores whether an employee can be engaged by two or more employers for the same role at the same time—joint employment (also termed dual employment or multiple employment). It examines the general assumption, the issue of vicarious liability, and the position of agency workers, office-holders and teachers. It also considers the setting of collective bargaining, the effect of TUPE 2006, and tax questions that may arise. Finally, it reviews the factors relevant to written contracts that involve multiple employers. Joint employment is typically discussed in relation to vicarious liability, for instance negligence (see: Vicarious liability, below). Regarding an individual’s employment rights, it appears reasonably clear that the prevailing presumption—that an employee cannot have more than one employer for the same work at the same time—can be displaced in these situations: where the person has two roles with separate...
Labour and employment— Poland— Q& A guide [ Archived, 2021 edition] This Practice Note provides a jurisdiction-specific Q& A guide to labour and employment in Poland, issued as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: BKB Baran Książek Bigaj— Daniel Książek; Paweł Krzykowski; Wojciech Bigaj 1. What are the main statutes and regulations relating to employment? The Labour Code is the principal legal source for employment matters in Poland, serving as the primary framework for labour law. Under the Labour Code (https://dziennikustaw.gov.pl/ DU/rok/2020/pozycja/1320), the term ‘labour law’ is taken to comprise: the provisions of the Labour Code itself; other acts of law and implementing provisions that define the rights and obligations of employers and employees; the provisions of collective bargaining agreements and other collective arrangements; and regulations and charters based on the Labour Code that set...
This Practice Note considers the position in relation to paternity leave and statutory paternity pay ( SPP) in relation to birth or adoption This note outlines the framework for paternity leave and statutory paternity pay where a child is born or adopted. In essence, statutory paternity leave and pay enable the secondary carer—namely the father, the mother’s spouse or partner, or the secondary adopter—to take paid time away from work after the birth or placement of a child. For cases where the child’s expected week of childbirth ( EWC) started on or before 6 April 2024, or where the expected placement date for adoption fell before 6 April 2024, see Practice Note: —pre-6 April 2024 [ Archived]. From 6 April 2026, the Employment Rights Act 2025 ( ERA 2025) introduces the following: paternity leave becomes a ‘day one’ right (see: Eligibility...
This Practice Note explores the entitlement to parental bereavement leave ( PBL) — often referred to as ‘ Jack’s Law’ — and statutory parental bereavement pay ( SPBP) created by the Parental Bereavement ( Leave and Pay) Act 2018 ( PB( LP) A 2018). It addresses who qualifies for leave, the notice rules, how parental bereavement leave interacts with other forms of statutory leave, employees’ rights and duties while away, protection from detriment, protection from dismissal, and the availability of SPBP. The Practice Note also includes best practice suggestions drawn from Child Bereavement UK. Guidance from the charity Child Bereavement UK indicates that bereavement is among the most frequent issues likely to affect employees’ performance at work; around one in ten members of staff is experiencing a bereavement at any given moment. Research conducted for Co-op Funeralcare in 2018 found that 58% of adults felt...
Practice Note This Practice Note outlines employers’ obligations to undertake a risk assessment under regulation 16 of the Management of Health and Safety at Work Regulations 1999 where they employ women of child-bearing age, and when a worker provides written notice that she is pregnant, has given birth in the preceding six months, or is breastfeeding. It explains when the duty is triggered, the actions required to eliminate or minimise any risks identified and, if that cannot be achieved, the need to offer alternative work or arrange a suspension. It also summarises potential claims that may arise if an employer fails to comply with the risk assessment duty and any necessary follow-up steps, including claims under the Employment Rights Act 1996 and the Equality Act 2010, such as: Direct discrimination Indirect...
Payments relating to pregnancy or maternity Employees may have entitlement to several types of payment connected to pregnancy or maternity, including: pay for time taken off to attend antenatal care (see Pay during time off for antenatal care, below) pay during suspension from duties on maternity grounds (see Pay during suspension from work, below) pay where an agency worker is removed for maternity reasons (see Pay following removal of agency worker on maternity grounds, below) statutory maternity pay (see SMP—entitlement, below) contractual maternity pay (see Contractual maternity pay) and other relevant pay maternity allowance, paid by the Benefits Agency, with eligibility depending on the individual’s previous National Insurance contributions ( NICs) (see Maternity allowance, below) Apart from maternity allowance, these payments are generally made by the employer. For information: on maternity leave in general, see Practice Note: Maternity leave on keeping in touch ( KIT) days, see Practice Note: Work during maternity or...
The early conciliation ( EC) requirement The early conciliation ( EC) requirement, sometimes called mandatory Acas early conciliation, obliges a prospective claimant to approach Acas with specified details before lodging an employment tribunal claim. It was brought in to: give Acas a chance to foster early resolution of employment disputes; and lessen the need for claims to reach the employment tribunal Acas conciliation entails an impartial Acas conciliation officer (a conciliator) speaking with both sides about the contested matters to help them better understand one another’s positions. The officer supports the parties in reaching their own settlement, so a tribunal hearing is not required. For more on Acas conciliation in general, see Practice Note: Acas conciliation. Prospective claimants must meet the EC requirement for the majority of employment tribunal claims. See also: relevant proceedings and extension of time...
This Practice Note examines interim remedies (injunctions) available before trial in employee competition and confidentiality claims This note explores urgent pre-trial injunctions used where waiting for trial would be impracticably slow. It addresses when such relief should be sought, the speed required and the forms an interim injunction might take. It also outlines the principles guiding the court’s discretion and identifies who may properly be named as defendants. In claims seeking to uphold express or implied terms of employment in the competition and confidentiality context, remedies can be grouped into: interim measures available prior to the final hearing (addressed below), and relief obtainable after judgment on liability at the main trial Final remedies are covered elsewhere. They may comprise: damages (see Practice Note: Damages in employee competition claims) or an account of profits (see Practice Note: Account of profits in employee...
This Practice Note This Practice Note explores the legal and practical considerations for employers regarding hybrid working—also referred to as agile, blended or split working patterns—where employees spend part of their time in the workplace and part working remotely, whether at home or elsewhere. It can be differentiated from full homeworking, in which the individual works exclusively from home, though many organisations have long operated limited homeworking arrangements. Hybrid working developed out of the coronavirus ( COVID-19) pandemic, a period when large numbers of staff worked wholly, or largely, from home, and it is anticipated that many will continue to do so for a portion of their hours, while attending their usual workplaces for the balance. An employer’s stance on hybrid working will depend on multiple variables, most notably the nature of the organisation and its activities. For instance, an...
This Practice Note looks at: an explanation of ‘the gender pay gap’ and other pay differences connected to a protected characteristic, such as ethnicity and disability findings from recent Office for National Statistics ( ONS) reports about these disparities common drivers or traits of gender, ethnicity and disability pay gaps methods an employer can use to pinpoint the specific causes of pay gaps within its own workforce, including where in the organisation they arise and the factors behind them steps an employer can introduce or adopt to improve its pay gaps Pay gap reporting can provide a concrete means for an employer to evidence progress under the S (social) of ESG (environmental, social and governance). For further information, see: News Analysis: ESG: Pay Gap Reporting—a tangible way to show progress under the S. For more on ESG...
The Employment Appeal Tribunal ( EAT) The EAT may determine an appeal by directing any of the following outcomes: the appeal is dismissed the appeal succeeds and is remitted, either to the same employment tribunal or to a newly constituted tribunal the appeal succeeds and the EAT substitutes a different decision Failure by employment tribunal to make necessary findings Where a tribunal’s judgment fails to address an issue in whole or in part, and/or gives no reasons or inadequate reasons for its decision, the EAT may, on appeal, invite the tribunal to clarify and/or expand its reasoning and findings under the Burns/ Barke procedure—see Non-standard EAT case management considerations— Appeals relying on inadequacy of employment tribunal’s reasons for further information. If, during a liability appeal, it becomes clear that the tribunal did not make a finding on a key liability issue, the EAT may itself reach a...
This Practice Note is aimed at UK commercial organisations and is sector-agnostic. It outlines the data protection issues linked to workforce diversity monitoring, including: whether consent is required from the individuals involved whether collecting anonymised data can place you outside data protection rules Large employers commonly gather diversity information and track patterns. Some also share these figures on their intranet and, at times, on public websites. In certain industries, regulators require disclosure; for instance, law firms must submit diversity data to the Solicitors Regulation Authority. Why is data protection relevant to diversity monitoring? The UK General Data Protection Regulation applies whenever you process personal data (see Anonymising diversity data, below). Diversity metrics typically amount to special category personal data under the UK GDPR. Examples include: data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union...
Practice Note This Practice Note explores what amounts to a protected disclosure for the whistleblowing protections in the Employment Rights Act 1996 ( ERA 1996), into which the relevant provisions of the Public Interest Disclosure Act 1998 ( PIDA 1998) have been incorporated. It addresses the general features of disclosures, when they qualify as qualifying disclosures, the need for a whistleblower to hold a reasonable belief that a relevant category of wrongdoing has occurred, and that the disclosure serves the public interest, where appropriate and necessary. It further considers when qualifying disclosures obtain protection and identifies the prescribed persons (people) to whom a disclosure may properly be directed. In addition, the Practice Note summarises the reporting obligations placed on certain prescribed persons to produce an annual written report concerning the workers’ disclosures received by them......
People in the UK submit more tips to the US Securities and Exchange Commission ( SEC) than almost any other nation. Yet many workers and organisations here know little about the SEC and its whistleblower programme. As numerous UK companies may fall within the programme’s reach, employment practitioners in the UK should understand it to advise clients properly. This Practice Note outlines the SEC whistleblower rewards programme, which permits individuals to report legal breaches to the SEC anonymously, and pays awards where their information results in a penalty exceeding US$1m. It sets out the broad categories of UK companies regulated by the SEC, who may take part in the rewards scheme, and the US protections available to whistleblowers who disclose securities law violations. It also considers issues for UK employers subject to SEC oversight and for their staff. For general UK...
ARCHIVED: This Practice Note has been archived and is not maintained. During the coronavirus ( COVID-19) outbreak, the UK government brought in a range of measures to assist individuals and businesses negatively affected by the pandemic. Several measures involved funds paid directly by central or local government with no requirement to repay, ie grants rather than loans. For further details on these schemes, see Practice Note: Coronavirus ( COVID-19)—tax implications [ Archived]. Guidance on these schemes stated that recipients should recognise such grants as taxable income, as they effectively substituted business income that would otherwise have been earned. On 29 May 2020, the government released draft legislation, a tax information and impact note, and explanatory notes for consultation. This was ultimately enacted as section 106 and Schedule 16 to the Finance Act 2020 ( FA 2020). The legislation’s purposes were: to treat...
FORTHCOMING CHANGE: Announced on 26 November 2025 within Budget 2025, from April 2029 only the first £2,000 a year of pension contributions made under a salary sacrifice arrangement will be exempt from National Insurance contributions ( NICs). Employee contributions through salary sacrifice above £2,000 per year will incur both employer and employee NICs, meaning any amount over £2,000 will, for NICs, be treated like other employee workplace pension contributions. Employer contributions are unaffected, and income tax relief is unchanged. Employers will be required to report the total salary given up via existing payroll software, and HMRC has committed to engage with stakeholders. HMRC will provide further guidance before April 2029. The National Insurance Contributions ( Employer Pensions Contributions) Bill 2026 will insert a new subsection into section 4 of the Social Security Contributions and Benefits Act 1992, enabling the government to make...
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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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