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Issues to consider when drafting a settlement agreement—checklist (employer)

Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that...

Issues with franchising in an overseas territory—checklist

Issues with franchising in an overseas territory—checklist This Checklist sets out the issues for a franchisor to consider when preparing to operate the franchise in an overseas territory. The advance of technology has helped facilitate the rise of a global economy. This has led to the creation of opportunities for companies to trade outside of their domestic markets and exploit developing territories. However, a number of issues arise when a franchisor is preparing to operate in an overseas territory some of which are detailed below. PESTLE analysis A franchisor may wish to carry out a political, economic, environmental, sociological, technological, legal and environmental factors (PESTLE) analysis in relation to a new territory. The information obtained from the analysis can be used as a guide to strategic decision making when considering international franchising. Below is a list of legal and non-legal issues that might arise with international franchising. Political • There may be increased political or legislative risks that should be taken into consideration by businesses before they commence operations in...

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Industrial action that has statutory immunity—flowchart

Industrial action that has statutory immunity—flowchart FORTHCOMING CHANGE: The legal framework for giving protected status to industrial action and picketing is to be amended under clauses 54 to 61 of the Employment Rights Bill, introduced on 10 October 2024 (see Practice Note: The right to take industrial action—Employment Rights Bill). Clause 118 of the Bill confirms that many of the proposed changes will come into force two months after the Employment Rights Act 2025 is passed. The Strikes (Minimum Service Levels) Act 2023 will be repealed on the day on which the Act is passed. For further information on the Employment Rights Bill, generally, see Employment News Analysis: The Employment Rights Bill, and Employment Rights Bill 2024-views from the sector, LNB News 10/10/2024 85. To track the progress of the Bill through Parliament, see Practice Note: Employment Rights Bill—tracker. The government also launched a public consultation on creating a modern framework for industrial relations. The consultation seeks views on several specific...

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The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived]

The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. Note: A new version of the protocol applies from 6 April 2015. For the post-6 April 2015 pre-action protocol, see Practice Note: The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwards. The Clinical Disputes Protocol came into force on 26 April 1999. It arose from the Clinical Disputes Forum, a multi-disciplinary body formed in 1997 as a result of Lord Woolf’s Access to Justice inquiry. It is designed to encourage a climate of openness when something has gone wrong with a patient’s treatment or the patient is dissatisfied with medical treatment. It sets out a timed sequence of steps for patients and health care providers to follow when a dispute arises. It is designed to speed up the exchange of relevant information and increase the prospects of dispute resolution without resorting to legal action. The Clinical Disputes Protocol created a...

Money Laundering Regulations 2017—CDD quick reference guide—individuals

Money Laundering Regulations 2017—CDD quick reference guide—individuals Client due diligence (CDD) is a central pillar of the anti-money laundering (AML) and counter-terrorist financing (CTF) regime. CDD requirements underpin the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. Counter-proliferation financing is the most recent addition to the long-established AML and CTF regime. Requirements in relation to counter-proliferation financing were introduced through amendments to the MLR 2017 and include in relation to systems and controls, risk assessment, etc. No specific counter-proliferation financing requirements were added in relation to CDD, and existing CDD provisions in the MLR 2017 were not amended to include mention of proliferation financing. As things stand, therefore, counter-proliferation financing is not covered in this Practice Note. For more information, see Practice Note: Counter-proliferation financing—CPF—the basics. Where the MLR 2017 apply (see Practice Notes: Money Laundering Regulations 2017—scope and application—law firms), conducting CDD is an absolute requirement. It is not in itself subject to the risk-based approach....

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Data protection complaint—progress update letter

Data protection complaint—progress update letter [Insert complainant’s name] [Insert complainant’s contact address] Our ref: [insert complaint reference number] Dear [insert complainant’s name] Your complaint I am continuing to investigate your complaint, which I received on [insert date complaint received]. So far, I have taken the following steps: • confirmed and verified your identity, to make sure we are dealing with the right person and we are keeping your personal data secure • [insert step you have taken, eg determined the date on which you first notified us that you objected to your personal data being processed for direct marketing purposes—according to our records, this was [insert

Memorandum on the responsibilities and obligations of a director of an AIM company

Memorandum on the responsibilities and obligations of a director of an AIM company 1 Introduction 1.1 This memorandum has been prepared for the directors and proposed directors (the Directors) of the Company to provide a general introduction to the principal responsibilities and obligations of a director of a company whose shares are admitted, or will be admitted, to AIM, a market operated by London Stock Exchange plc (LSE). 1.2 Once a company’s securities are admitted to trading on AIM, a company and its directors are subject to an increased layer of regulation. This includes requirements set out in the AIM Rules for Companies published by the LSE (AIM Rules), the Disclosure Guidance and Transparency Rules sourcebook (DTRs), the Prospectus Rules and the Market Abuse Regulation. 1.3 As a Director, you will be responsible (individually and collectively with your fellow Directors) for the Company's compliance with these provisions. The LSE has the power to fine or publicly censure an AIM company in the case of a...

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In relation to the Teachers' Pension Scheme (TPS), is it correct that employees who work full-time will automatically join the TPS unless they complete a form to opt out of the TPS, however employees who work part-time will be required to complete a form to join the TPS?

In relation to the Teachers' Pension Scheme (TPS), is it correct that employees who work full-time will automatically join the TPS unless they complete a form to opt out of the TPS, however employees who work part-time will be required to complete a form to join the TPS? As explained in Practice Note: The reformed Teachers' Pension Scheme, the Teacher's Pension Scheme (TPS) is open to all teachers, both full-time and part-time. Teachers can only join the TPS if they are in pensionable employment. The regulations currently governing the TPS, the Teachers' Pension Scheme Regulations 2014 (the TPS Regs 2014), SI 2014/512, include strict provisions regarding what employments are pensionable. The TPS Regs 2014, SI 2014/512 make a distinction between two types of pensionable employment (as set out in the TPS Regs 2014, SI 2014/512, Sch 1, Pt 2 to the TPS Regs 2014, SI 2014/512, Sch 1, Pt 4): • employments pensionable on election, and • employments pensionable without

Do you need to include monetary amounts as consideration in a transfer agreement?

Do you need to include monetary amounts as consideration in a transfer agreement? It is not clear what type of transfer agreement is being referred to, and so we assume this question is asked in relation to a B2B agreement and which is not subject to specific sector or industry regulation. One of the requirements for forming an enforceable agreement, is that it must be made in exchange for something of value, known as 'consideration'. A requirement for consideration is economic value, which is usually evidenced by the payment of a monetary amount, see: Chappell & Co v Nestlé Co and Edmonds v Lawson. However economic value is not the only form of consideration, see: Practice Note: Forming enforceable

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Tribunal rejects application for privacy over FCA Decision Notices (Dunne v Financial Conduct Authority)

Financial Services analysis: The Applicant, Heather Dunne, made two Privacy Applications and one case management application in relation to publication of Financial Conduct Authority (FCA) Decision Notices. Ms Dunne had provided pension transfer advice as an appointed representative (trading as HDIFA) of Financial Solutions Midhurst Limited (FSML). The FCA found that she and FSML had operated an advice model that put customers' guaranteed pension benefits at risk. The Privacy Applications sought to ensure that her reference did not appear on the Upper Tribunal's register and that there was no publication by the FCA or any other party about the Decision Notices issued to her and the director of FSML. Both applications were rejected by the Tribunal. Written by Lucy Tolond and Ryan Marwood, DWF Law LLP.

Homes England updates CCS guidance

Homes England has updated its guidance on the Cladding Safety Scheme (CSS). In the 'CCS overview' guidance, the section on 'Social sector applicants — financial viability applications' has been amended to include specific factors that Homes England considers when making funding decisions. Additionally, in the 'Applying for funding for the CCS' guidance, the 'Practical completion — scheme exit' section has been updated to indicate that when practical completion is achieved, residents and leaseholders must be informed and provided with a link to the leaseholder and residents' survey.