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KembaraXtra – Legal Terms – Payment in Lieu of Notice (PILON)
A payment in lieu of notice (PILON) is a payment made to an employee instead of requiring the employee to work during the notice period after termination of employment.
The payment is intended to compensate the employee for the earnings and benefits that would have been received during the notice period.
PILON clauses are commonly included in contracts of employment to allow employers to terminate employment immediately.
A properly drafted PILON clause should specify the circumstances in which it may be used and what payments are included.
If no contractual PILON clause exists, the payment may potentially amount to damages for breach of contract.
A payment in lieu of notice (PILON) is a payment made to an employee instead of requiring the employee to work during the notice period after termination of employment.
The payment is intended to compensate the employee for the earnings and benefits that would have been received during the notice period.
PILON clauses are commonly included in contracts of employment to allow employers to terminate employment immediately.
A properly drafted PILON clause should specify the circumstances in which it may be used and what payments are included.
If no contractual PILON clause exists, the payment may potentially amount to damages for breach of contract.
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KembaraXtra – Legal Terms – Payment in Due Course
Payment in due course refers to payment made on a bill of exchange by the payer in good faith and without knowledge of any defect in the holder’s title.
The payment must be made at or after the maturity date of the bill.
Where payment in due course is made by or on behalf of the drawee or acceptor, the bill is discharged.
The payer must act honestly and without notice that the holder obtained the bill improperly or unlawfully.
If the bill is paid by a drawer or endorser instead of the acceptor, the bill is not discharged and the paying party may still exercise rights under the bill.
Payment in due course refers to payment made on a bill of exchange by the payer in good faith and without knowledge of any defect in the holder’s title.
The payment must be made at or after the maturity date of the bill.
Where payment in due course is made by or on behalf of the drawee or acceptor, the bill is discharged.
The payer must act honestly and without notice that the holder obtained the bill improperly or unlawfully.
If the bill is paid by a drawer or endorser instead of the acceptor, the bill is not discharged and the paying party may still exercise rights under the bill.
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KembaraXtra – Legal Terms – Payment by Post
Payment by post refers to payment of a debt through posting cash, cheques, or negotiable instruments.
Generally, a debt is not discharged if the payment is lost in the post.
However, if the creditor expressly or impliedly authorized payment by post, the risk of loss passes to the creditor once the debtor properly posts the payment.
The debtor must ensure that the letter is correctly addressed and properly sent.
This rule reflects principles relating to agency and allocation of risk in contractual performance.
Payment by post refers to payment of a debt through posting cash, cheques, or negotiable instruments.
Generally, a debt is not discharged if the payment is lost in the post.
However, if the creditor expressly or impliedly authorized payment by post, the risk of loss passes to the creditor once the debtor properly posts the payment.
The debtor must ensure that the letter is correctly addressed and properly sent.
This rule reflects principles relating to agency and allocation of risk in contractual performance.
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KembaraXtra – Legal Terms – Pay As You Earn (PAYE)
Pay As You Earn (PAYE) is the system used in the United Kingdom to collect income tax and National Insurance contributions directly from employees’ wages.
Under the PAYE system, employers deduct tax and contributions before paying employees their salaries.
HM Revenue and Customs issues tax codes that employers use to calculate deductions.
Employers are responsible for forwarding the deducted amounts to HM Revenue and Customs.
The system also facilitates collection of student loan repayments and certain other statutory deductions.
Pay As You Earn (PAYE) is the system used in the United Kingdom to collect income tax and National Insurance contributions directly from employees’ wages.
Under the PAYE system, employers deduct tax and contributions before paying employees their salaries.
HM Revenue and Customs issues tax codes that employers use to calculate deductions.
Employers are responsible for forwarding the deducted amounts to HM Revenue and Customs.
The system also facilitates collection of student loan repayments and certain other statutory deductions.
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KembaraXtra – Legal Terms – Pawn (Pledge)
A pawn, also known as a pledge, is goods delivered as security for a debt or loan.
The owner of the goods, called the pawnor, transfers possession to the pawnee while retaining ownership.
If the loan is repaid, the pawn is returned to the pawnor.
If repayment is not made, the pawnee may generally sell the goods and apply the proceeds toward the debt.
Pawnbroking transactions are regulated by the Consumer Credit Act 1974.
A pawn, also known as a pledge, is goods delivered as security for a debt or loan.
The owner of the goods, called the pawnor, transfers possession to the pawnee while retaining ownership.
If the loan is repaid, the pawn is returned to the pawnor.
If repayment is not made, the pawnee may generally sell the goods and apply the proceeds toward the debt.
Pawnbroking transactions are regulated by the Consumer Credit Act 1974.
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KembaraXtra – Legal Terms – Patient with Capacity
A patient with capacity is a person who is legally capable of making his or her own medical and personal decisions.
Capacity requires the ability to understand, retain, and weigh relevant information and communicate a decision.
Adults are generally presumed to have capacity unless proven otherwise.
A patient with capacity has the legal right to consent to or refuse medical treatment.
Healthcare professionals must respect the patient’s autonomous decisions even where refusal may lead to serious consequences.
A patient with capacity is a person who is legally capable of making his or her own medical and personal decisions.
Capacity requires the ability to understand, retain, and weigh relevant information and communicate a decision.
Adults are generally presumed to have capacity unless proven otherwise.
A patient with capacity has the legal right to consent to or refuse medical treatment.
Healthcare professionals must respect the patient’s autonomous decisions even where refusal may lead to serious consequences.
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KembaraXtra – Legal Terms – Patient Lacking Capacity
A patient lacking capacity is a person who is unable to make decisions for himself because of an impairment or disturbance affecting the mind or brain.
The assessment concerns whether the patient can understand, retain, use, or communicate relevant information regarding a decision.
Where a patient lacks capacity, decisions must generally be made in the person’s best interests.
The legal framework governing such decisions is principally contained in the Mental Capacity Act 2005.
Issues commonly arise in relation to medical treatment, financial management, and personal welfare decisions.
A patient lacking capacity is a person who is unable to make decisions for himself because of an impairment or disturbance affecting the mind or brain.
The assessment concerns whether the patient can understand, retain, use, or communicate relevant information regarding a decision.
Where a patient lacks capacity, decisions must generally be made in the person’s best interests.
The legal framework governing such decisions is principally contained in the Mental Capacity Act 2005.
Issues commonly arise in relation to medical treatment, financial management, and personal welfare decisions.
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KembaraXtra – Legal Terms – Paternity Leave
Paternity leave is statutory leave granted to qualifying employees following the birth or adoption of a child.
Eligible employees may usually take one or two consecutive weeks of leave.
To qualify, the employee must generally have worked continuously for the employer for at least 26 weeks before the qualifying date.
Employees on paternity leave are commonly entitled to statutory paternity pay subject to statutory limits and conditions.
The law also protects employees from dismissal or unfair treatment connected with taking paternity leave.
Paternity leave is statutory leave granted to qualifying employees following the birth or adoption of a child.
Eligible employees may usually take one or two consecutive weeks of leave.
To qualify, the employee must generally have worked continuously for the employer for at least 26 weeks before the qualifying date.
Employees on paternity leave are commonly entitled to statutory paternity pay subject to statutory limits and conditions.
The law also protects employees from dismissal or unfair treatment connected with taking paternity leave.
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KembaraXtra – Legal Terms – Ouster of Jurisdiction
Ouster of jurisdiction refers to an attempt to exclude or limit the authority of the courts to hear disputes.
Such exclusion may arise through statutory provisions or contractual terms.
English law applies a strong presumption against interpreting legislation or agreements as completely excluding judicial review unless Parliament’s intention is unmistakably clear.
Courts are generally reluctant to permit unrestricted exclusion of their supervisory role.
The doctrine therefore protects access to justice and the rule of law.
Ouster of jurisdiction refers to an attempt to exclude or limit the authority of the courts to hear disputes.
Such exclusion may arise through statutory provisions or contractual terms.
English law applies a strong presumption against interpreting legislation or agreements as completely excluding judicial review unless Parliament’s intention is unmistakably clear.
Courts are generally reluctant to permit unrestricted exclusion of their supervisory role.
The doctrine therefore protects access to justice and the rule of law.
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KembaraXtra – Legal Terms – Paramount Clause
A paramount clause is a clause commonly included in a bill of lading.
It incorporates statutory or international rules governing the carriage of goods by sea into the contract.
The clause usually gives effect to conventions such as the Hague Rules or Hague-Visby Rules.
Its purpose is to regulate the rights, duties, liabilities, and protections of carriers and cargo owners.
Paramount clauses are important in international shipping and maritime trade disputes.
A paramount clause is a clause commonly included in a bill of lading.
It incorporates statutory or international rules governing the carriage of goods by sea into the contract.
The clause usually gives effect to conventions such as the Hague Rules or Hague-Visby Rules.
Its purpose is to regulate the rights, duties, liabilities, and protections of carriers and cargo owners.
Paramount clauses are important in international shipping and maritime trade disputes.