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DPA suitability checklist

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

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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Archived—2025 Case tracker—Employment

Archived—2025 Case tracker—Employment This case tracker contains a selection of significant employment judgments handed down in 2025. Information relating to ongoing cases of significance can be found in Practice Note: Case tracker—Employment. Links to Employment news analysis reports are included where they are available. Cases are listed by topic. The ³ÉÈËÓ°Òô® Employment team is always pleased to receive details of other cases that may be of interest to subscribers. Please use the ‘Feedback’ option above and the LexisAsk function (see LexisAsk button below) to send us details. Case Name Case citation Topic Main issue Case history Carozzi v University of Hertfordshire and Another CA-2024-002487 Race discrimination Whether the EAT was correct to hold that comments about an employee's accent could be 'related to' race for harassment purposes even if not motivated by race, see report of 3 December 2024 Permission to appeal lodged December 2024. Refused on papers 21 March 2025 R (on the application of Castellucci) v Gender Recognition Panel [2025] EWCA Civ 167 Gender recognition discrimination Whether the...

Obtaining clearance from the Pensions Regulator

Obtaining clearance from the Pensions Regulator THIS PRACTICE NOTE APPLIES ONLY TO DEFINED BENEFIT (DB) OCCUPATIONAL PENSION SCHEMES What is clearance? The Pensions Act 2004 (PeA 2004) has empowered the Pensions Regulator with a raft of powers. Some of its most significant powers are the moral hazard provisions in PeA 2004, ss 38–54. The moral hazard powers enable the Pensions Regulator to overlook corporate structures and apportion pension funding liability on third parties that are connected to, or associated with, a scheme's sponsoring employer by issuing, among other things, a financial support direction and/or a contribution notice. Clearance is a statement of assurance from the Pensions Regulator confirming that it will not at a later date make the applicants (listed in the clearance application) provide financial support to an underfunded defined benefit occupational pension scheme by issuing a financial support direction and/or a contribution notice. The clearance statement binds the Pensions Regulator in respect of the information in the application unless there is a material departure from...

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Policy—regulatory references

Policy—regulatory references 1 Introduction 1.1 The Financial Conduct Authority (FCA) and the Prudential Regulation authority (PRA) (together the Regulators) require firms that are authorised by the Regulators (and subject to the Senior Managers and Certification Regime (SM&CR)) to request regulatory references if they are considering:. 1.1.1 permitting or appointing someone to perform a senior management function; 1.1.2 issuing a certificate under the certification regime; and/or 1.1.3 appointing a non-executive board director. 1.2 These regulatory references are designed to assist prospective employers to assess whether an individual applying for an applicable regulated function is fit and proper to hold that role. 1.3 To enable a prospective employer to assess the fitness and propriety of a candidate for a regulated function, organisations that fall within the SM&CR must provide upon request a regulatory reference that covers the individual for the preceding six years (and, in certain circumstances, longer). It is essential that we comply with our regulatory obligations in obtaining and in responding to such requests, as the failure to...

Data protection privacy notice (secondment—employer to employee)

Data protection privacy notice (secondment—employer to employee) [Insert name of organisation] Data protection privacy notice (secondment) As you know, it is proposed that you will be seconded to [insert name] (host employer). This notice explains what personal data (information) [insert name of employer][ trading as [insert trading name, if different]] (‘we’ or ‘Company’) will share with, and receive from, your host employer for the purposes of your secondment. We are required to notify you of this information under data protection legislation. Please ensure that you read this notice (sometimes referred to as a ‘privacy notice’) and any other similar notice we may provide to you from time to time when we collect or process personal data about you. This privacy notice As set out in the [data protection privacy notice (employment)], the Company is a ‘controller’ and gathers and uses certain data about you.[ This data is also used by our affiliated entities and group companies, namely [insert details or a link, or otherwise show where details of...

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As an employer, how should I handle staff absences due to travel disruption?

As an employer, how should I handle staff absences due to travel disruption? This Q&A examines the legal and practical issues an employer should consider when dealing with employees who are absent due to travel disruption caused by adverse weather conditions and/or industrial action or major incidents. Practical issues When adverse weather and the resultant travel chaos, or travel disruption caused by industrial action or major incidents affect employees’ ability to get to work on time or, in some cases, at all, there are a number of practical steps an employer can consider taking in order to reduce business disruption, avoid any confusion and minimise potential employment law claims: • implement an adverse weather and travel disruption policy or include appropriate provisions within an existing absence management policy and ensure all employees are aware of the policy and its contents—see main section: Policy below • develop a business continuity plan to cover, for example, unforeseen critical staff absence or widespread staff absence, temporary closure of the business and alternative ...

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FCA set to get enforcement boost from new fraud offence

Law360, London: The new 'failure to prevent' fraud offence that comes into force in September 2025 will indirectly boost the Financial Conduct Authority's (FCA’s) opportunities for enforcement against corporate senior managers, countering its recent retreat from plans to 'name and shame' companies it is investigating, lawyers say.

Lexis®PSL Dispute Resolution weekly highlights—16 February 2017

Welcome to the weekly highlights from the Lexis®PSL Dispute Resolution team for the week ending 16 February 2017. This week we feature the recent update to the court guide for the Chancery Division. We also highlight the latest Dispute Resolution News Analysis on a broad range of topics, including: adducing evidence of foreign law (Joint Stock Company ‘Aeroflot’ Russian Airlines); the ingredients of the tort of deceit (Jornast); restitution (Marsfield Automotive); and amending claims and lifting stays (FA Premier League). We also highlight relevant News Analysis from other Lexis®PSL practice areas, recent substantive amendments to our core content, posts on the Dispute Resolution blog and the latest Q&As. All this, and more, in our weekly highlights.