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A public holiday that is normally given to employees on certain days in the calendar year.
There are eight public holidays in a calendar year which fall around Easter, the Month of May, August and the Christmas period. Most employers allow employees to take the public holidays but some industries require employees to work on these days, such as Retail.
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Coronavirus (COVID-19): Issues relating to holiday and holiday pay during the coronavirus (COVID-19) pandemic are considered in Practice Note: Coronavirus (COVID-19)—holiday and holiday pay [Archived].The right to take time off from work for holidays may arise under contract or statute. Holiday benefits both employers and workers by allowing workers a period of relaxation and recuperation.This Practice Note sets out the law applicable to statutory and contractual holiday and explains some of the issues that arise in practice in relation to holiday, such as how the right to holiday interacts with rights to other statutory leave. The note also identifies when the use of a relevant agreement to vary or exclude rights is permitted.Entitlement to pay for holiday (and pay in lieu of holiday), as opposed to entitlement to holiday itself, is considered in Practice Note: Holiday pay. Traditionally, and in line with the structure of the Working Time Regulations 1998 (WTR 1998), it has been helpful to distinguish between the two: for example a claim may arise when a worker...
Employment law in Northern Ireland Employment law in Northern Ireland has, for many years, followed the same laws as apply in the other jurisdictions of Great Britain. Although a separate legal jurisdiction, government policy in Northern Ireland was that laws in Great Britain could be directly applicable (for example the Disability Discrimination Act 1995 (DDA 1995) or the Data Protection Act 1998 (DPA 1998)) or that they would follow along the same lines as legislation applicable in Great Britain, albeit with some small differences (for example the Employment Rights Act 1996 (ERA 1996) in Great Britain was followed by the Employment Rights (Northern Ireland) Order 1996, albeit with some differences). The only major divergence from the policy of following the Great Britain approach to employment law was discrimination on grounds of religious belief and political opinion. Most of the legislation passed in Great Britain was enacted in Northern Ireland, but at times there was a delay, which could be a matter of weeks, months or even years. For...
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Short-form facility agreement (term loan): single company borrower—bilateral—unsecured Facility agreement This Agreement is made on [date] Parties 1 [insert name of Borrower], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Borrower); and 2 [insert name of Lender], of [insert address] (the Lender). It is agreed as follows: 1 Definitions and interpretation 1.1 In this Agreement, unless otherwise provided: Business Day • means a day, other than a Saturday, Sunday or public holiday, on which banks are open for business in London; Commitment • means £[•] ([•] Sterling) minus any amount reduced or cancelled in accordance with this Agreement; Commitment Period • means the period commencing on the date of this Agreement to and including [•]; Default • means an event that with the giving of notice, lapse of time or other applicable condition would be an Event of Default under Clause 16; Drawdown • means [the OR a] utilisation of the...
Guarantee and indemnity—seller obligations—private M&A—asset purchase This Deed is made on [insert day and month] 20[insert year] Parties 1 [insert name of guarantor entity] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (the Guarantor); and 2 [insert name of the buyer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (the Buyer). BACKGROUND: (A) The Buyer has agreed to purchase the Business as a going concern pursuant to the terms of the APA. (B) The Guarantor has agreed to guarantee the performance by the Seller of its obligations and liabilities under the APA and provide the Buyer with an indemnity in respect of such obligations of the Seller. The parties agree: 1 Definitions and interpretation 1.1 In this Deed, unless otherwise provided: APA • means the asset purchase agreement between the Buyer and the Seller made on or...
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Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer calculate holiday entitlement, and how should the employer treat bank holidays if they fall on a day when the ‘compressed hours’ employee does not usually work? Calculation of holiday entitlement The position of a worker working compressed hours will be the same as that of a ‘normal’ full-time worker, ie they will be entitled to 5.6 weeks' leave each ‘leave year’, made up of: • a basic entitlement to a minimum of four weeks' annual leave each leave year, implementing the right to annual leave under Directive 2003/88/EC, the Working Time Directive • an additional entitlement to 1.6 weeks' annual leave each leave year, which is a right under domestic legislation only Statutory paid holiday entitlement is limited to 28 days. Therefore, a worker working six days per week is entitled not to 33.6 days' leave (5.6 x 6), but only to 28 days' leave. For...
How do I calculate the time limit for responding to a data subject request? The General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) provides for enhanced rights for data subjects, including providing rights of access, rectification, erasure and restriction of processing, data portability, a right to object to processing and a right not to be subject to a decision based solely on automated processing, including profiling, with strict time limits for complying. You must respond to the data subject without undue delay and in any event within one month of receipt of the request, or within one month of receiving: • any information you have requested to confirm the requester’s identity • any fee you have charged That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. You must inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. See Q&As: What...
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This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including that of the Court of Appeal in Cuciurean v Secretary of State for Transport (injunctions), Ras Al Khaimah Investment Authority v Azima (admissibility of evidence), Morley v RBS (duty of care and economic duress) and Begum v Maran (duty of care for third party actions); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
Banking & Finance analysis: This News Analysis provides a summary of the key ways in which the rate switch agreements published by the Loan Market Association (LMA) in November 2020 differ from the initial draft published by the LMA in September 2020.
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