For part 3 in this series of short podcasts, Chris Lloyd-Smith interviews senior associate Madhur Sharma on how she has been coping during these unprecedented times.
The reasons given included that:
- Provision of care by the charity over time involves “multi-dimensional decisions involving a range of agencies and authorities”. The court should be alert to the fact there is a great deal to grapple with.
- It is “obvious now it's unrealistic to examine the shared living issue in isolation” from the other issues.
- The Article 8 right to private and home life is not achievable in one way alone. How flexible the coworkers are is not in the control of the charity. If they are not flexible, “that does not mean the charity must then reduce their options only to what the co-workers would agree to”.
- There was “ample correspondence and evidence of dialogue to show a process of continual evaluation and transparency about the options” by the charity. “The court cannot sit in judgment over each stage of the journey [of change] as manager or micromanager”.
Anthony Collins Solicitors and counsel Christopher Baker of Arden Chambers represented the charity.
Helen Tucker, Partner of Anthony Collins Solicitors, stated “The Charity are relieved that the court has recognised the long, careful process they have worked through to present various options to co-workers before seeking to introduce the current changes. The Judge emphasised his hope that previous tensions will not stop the practical progression of the matter going forward. The Charity shares that hope”.
The Botton village co-workers had already agreed, in related charity proceedings on 31 March 15, to taking on employed status and gave undertakings not to block access to homes etc until the conclusion of those court proceedings. That court case is presently stayed, pending full permission from the Charity Commission to proceed, which has not yet been granted. (Click here for details)
Last week, the NHF published its final version of its new Code of Governance and made some important changes from the previous draft that will impact on those housing associations looking to adopt it.
As the end of 2020 beckons, we take a look at what progress the Sterling market has made in its preparations for the end of the London Interbank Offered Rate (LIBOR) on 31 December 2021.
Finally, there is a glimmer of hope that perhaps the Covid-19 pandemic could be reaching its end.
For part 2 in this series of short podcasts, Chris Lloyd-Smith interviews senior associate Lisa Whitehouse on how she has been coping during these unprecedented times.
Delayed since Spring 2020 as the Government tackled the Covid-19 crisis, Tuesday 17 November saw the publication of the Social Housing White Paper, setting out the future regulation of the sector
In this ebriefing, we examine how the duty holder regime will apply to social housing providers with existing HRRBs in their housing stock.
Following Katherine's "heads up" last week, the Government has now confirmed that for claim periods post 1 December, employers will not be able to claim for employees who are serving their notice
For part 1 in this series of short podcasts, Chris Lloyd-Smith interviews solicitor Puja Desai on how she has been coping during these unprecedented times.
Over 100 trainees and future trainees from Birmingham joined the BTSS for a webinar to address concerns around training remotely and qualifying during a possible recession.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.