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DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...
Redundancy—individual consultation checklist for employers This Checklist outlines steps to be taken in individual redundancy consultation, whether or not consultation has also taken place at a collective level. It sets out practical considerations involved in planning a redundancy process and covers what should be discussed at open meetings with affected employees, what should be included in letters to affected employees, what should be discussed at individual consultation meetings, what should be included in the notice of dismissal and information to be given about the right of appeal. For further guidance on individual redundancy consultation obligations generally, see Practice Notes: Redundancy—fair procedure: individual consultation and How to carry out individual redundancy consultation. This Checklist assumes that the employer has determined whether collective consultation is required (see Checklist: Redundancy—collective consultation checklist for employers—Identify redundancy situation). This Checklist is to be used: • where there is an obligation to consult collectively as, even where that obligation is fulfilled, the employer must still consult individually with the employees • where there is no obligation...
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Pay and wages This Practice Note examines the nature of pay, including the employer’s duty to pay wages or salary, the ‘work/wages bargain’ and the effect of factors such as sickness, unwillingness to work and absence from work for other reasons. It considers how the amount of wages is regulated and outlines an employee’s right to an itemised pay statement and remedies where there is a failure to pay wages. Interaction of common law and statutory rights The essence of employment is pay in return for work; the employer's obligation to provide consideration for the individual’s work and skill in the form or a wage or other remuneration is generally regarded as a fundamental ingredient of a contract of employment, as set out in Ready-Mixed Concrete (see Practice Note: Employee status—Determining whether an individual is an employee: overview). Duty to pay wages There is a duty to pay wages whenever an employee is ready, willing and able to work. For more detailed information on how this...
The impact of the Financial Services Act 2012 on functions relating to listing [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. The Financial Services Act 2012 (FSA 2012) provided a new framework for financial regulation in the UK from 1 April 2013 and replaced the Financial Services Authority with the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). The FCA was established as an independent conduct of business regulator with a strategic objective of ensuring that the relevant markets function well and operational objectives focused on market integrity, consumer protection and effective competition. The FCA was, amongst other things, charged with exercising functions under Part VI of FSMA 2000 as the UK listing authority. This Practice Note looks at the impact the FSA 2012 had on functions relating to listing under the FSMA 2000, Pt 6 rules. It states the law as at 1 April 2013. Links are provided to sources, texts and relevant content.. What provisions of the FSA 2012...
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Fraud risk management training materials—post-training assessment questions How to use this test These questions are designed to test your understanding following training on fraud risk management. After you have completed this test, please return it to [insert name]. General Name of person completing test [Insert name] Role [Insert role] Date [Insert date] Multiple choice questions Circle the correct answer. Question Multiple choice answers 1. What is fraud? (a) Soliciting or accepting a bribe(b) A crime that involves deception or theft to gain an advantage(c) Exercising powers of ownership over a person 2. How can a company commit the failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023? (a) By not having reasonable measures in place(b) By having reasonable measures in place(c) By not having reasonable measures in place because the risk was very low 3. The only relevant defence to a failure to prevent fraud charge, is that [insert organisation name] had reasonable prevention procedures in place, or that it was not...
Message from CEO/Senior Member/Senior Partner on updates to AML, CTF and counter-proliferation financing policy From [insert name], [insert job title] Date: [insert date] Dear colleagues, I am delighted to announce the launch of the newly revised and updated AML, CTF and counter-proliferation financing policy. This can be found [insert location]. As employees of [insert organisation/firm’s name], we take great pride in our [products AND/OR services] and commitment to our customers. [Lawyers facilitate transactions and are gatekeepers to the legal system. ]The anti-money laundering (AML), counter terrorist financing (CTF) and counter-proliferation financing regime is designed to prevent our services being used by criminals. [Organisation name] has a legal obligation to put in place appropriate systems and controls to combat money laundering, terrorist financing and proliferation financing. The AML, CTF and counter-proliferation financing policy applies to all of us. We formally review and update the AML, CTF and counter-proliferation financing policy at least annually as part of our overall risk management process. We also review the policy if there are...
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Where an agency worker with 12 or more weeks on an assignment has been suspended by the hirer pending a disciplinary investigation, would they be entitled to pay during the period of the suspension, either under the Agency Workers Regulations, or in light of the EAT decision in Obi v Rice Shack Ltd (UKEAT/0240/17/DM)? When it comes to the disciplinary suspension of an agency worker, and whether they are entitled to payment during their period of suspension, it may be necessary to consider: • whether the agency worker is an employee • if not, whether they have a contractual right to pay while suspended • whether they are covered by the statutory protection against unlawful deductions • what the effect is of the Agency Workers Regulations 2010 (AWR 2010), SI 2010/93 Employment status of the agency worker Usually, an employee would be entitled to their normal pay and benefits during any period of suspension pending a disciplinary investigation, and this entitlement would form part of their contractual...
If an employee is required to attend a hearing (eg disciplinary, grievance or flexible working) outside of their normal working time, would this class as working time and would they need to be paid for attendance at the meeting? Working time Working time is defined for the purposes of the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 as: • any period during which the worker is working, at their employer's disposal and carrying out their activity or duties • any period during which the worker is receiving relevant training, and • any additional period which is to be treated as working time for the purpose of WTR 1998 under a relevant agreement (ie a workforce agreement, a contractually binding part of a collective agreement or any other legally enforceable contract in writing between worker and employer) All three elements under the first bullet point above must be satisfied in order for the period to constitute working time, ie the employee must be: • working and • at...
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Ireland—Employment analysis: This article, was written by Chris Ryan and Aoife Clarke of A&L Goodbody LLP.
Welcome to the 12 June 2025 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.
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