Employers admitted to the LGPS should therefore review their policies on how they exercise discretions under the LGPS to ensure that the policies are up to date, achieve value for
The law Any workforce can be split into two broad categories: workers and self-employed, independent contractors. Within the category of ‘worker’ you find a sub-category of traditional employees who have
Typically joint employment contracts can be relevant where a council establishes for commercial purposes two companies, one which satisfies the Regulation 12/Teckal tests and is inward looking; and the other
In the case of Barbulescu v Romania, the employer had a clear policy in which all personal use of the employer’s IT systems was forbidden. Here, the employee had used
Auto-enrolment The Government has announced that the timetable for increasing the employer contributions has been extended by 6 months. The phasing of contributions will now be as follows: In the
Under the UK legislation, a dismissal for misconduct will be unfair unless at the time of dismissal: The employer believed the employee to be guilty of misconduct. The employer had
A recent case stands as a good reminder to employers to be careful when distinguishing between pensionable employment under a pension scheme’s rules and employment under a contract of employment.
In the much anticipated judgment in the Woolworths and Ethel Austin cases, the ECJ confirmed that the law does not require that the number of dismissals in all of an
Various other changes that will affect employment tribunal claims are also being brought in over the next year under the Enterprise and Regulatory Reform Act (ERRA) 2013 – and we
Mrs Hudspith was employed by Sunderland City Council and was a member of the LGPS. She suffered an injury to her shoulder and went on long term sick leave in
What is auto-enrolment? The Government introduced legislation in 2012 requiring all UK employers to automatically enrol eligible “jobholders” into an “automatic enrolment scheme” and, in time, to pay employer pension
Early estimates anticipated a rise for many employers, with some commentators estimating a £1 billion rise in contributions across all LGPS employers. Employers who are facing a rise in contribution
Rebecca Read considers the implications of the decision in Donelien v Liberata UK Ltd and the employer’s obligations when determining whether a worker has a disability.
What is the extent of an employer’s duty of care to its employees, as pension scheme members, to inform them of their rights as members of the scheme?
Background Most employers will be familiar with the holiday pay headlines over recent years and the scrutiny under which employers’ calculations for holiday pay have been. A recent Guardian headline claimed
In defined benefit pensions schemes, the risk that there are insufficient funds to meet the costs of paying a pension at a promised level to a retired staff member falls
The levy will be 0.5% of an employer’s pay bill for a tax year less an annual allowance of £15,000. This means that the levy will start to operate on
As employer pension contributions are not received directly by an employee but paid into a pension fund, it has been established practice to exclude such payments from the calculation of
Our employment team have prepared a directory of key information and guidance on employment issues in relation to the Government’s Coronavirus Job Retention Scheme.
Joint contracts are used in the social housing sector for a variety of reasons and this decision will give comfort to those organisations already using them, as well as simplifying
We are no more than a few weeks into 2019, but already we are launched into the 'employee status' debate once again.
The sanctions against employers who knowingly or unknowingly employ individuals who do not have the correct immigration status to work in the UK are stringent.
Law Employees with two years’ continued service have the statutory right not to be unfairly dismissed. For a dismissal to be fair the employer must establish that the reason/principal reason
Under certain circumstances, a Local Government Pension Scheme (LGPS) employer can apply to forfeit the employee’s pension or to recover some or all of their pension benefits. These steps can
In this our third Coronavirus briefing, we will address the latest employment developments and their implications for employers and employees.
This should mean that academies are seen as lower risk by LGPS administering authorities and that employer pension contributions into the LGPS for academies should not be significantly different to
In our 2024 employment law update we will provide you with the tools and insights to effectively respond to the challenges and opportunities which will be brought about by these changes.
We have learned many things over the last six months; the latest lesson is that there is no new normal. The Government initiatives and guidance may have slowed down a pace, but the challenges for employers and thei [...]
What’s on the horizon for HR and employment law in 2018? Kate Watkins highlights key legislative changes and cases to keep an eye out for.
We have had a year bookended by holiday accrual and pay announcements and provisions. Read our employment review of 2023.
What are the main changes introduced by the GDPR? National laws, including the Data Protection Act 1998 (DPA), will no longer apply to matters falling within the GDPR’s scope. Whilst many
HMRC confirm that its enforcement policy aims to: prevent employers gaining a competitive advantage over other businesses by unlawfully depressing workers’ pay; encourage employers to voluntarily comply, so that workers
EAT judges to sit alone – judges in the Employment Appeal Tribunal (EAT) will now normally hear cases alone, although they will be able to direct that proceedings are heard
What are the Covid-19 conundrums facing employers as we head into this year? Here are our top six along with some suggested solutions
Following a fortnight of announcements and proposed legislation regarding employment and furlough, here's our latest update.
For employers with staff in public sector pension schemes, this extra cost will not be offset by higher employee pension contributions or any reduction in the pension benefits. Until now
The facts Mr Coppage was employed by Safety Net Services as their business development Director. Mr Coppage was in part responsible for winning new business for the company and described
She claimed for damages against her employer citing a breach of the employer’s statutory duty (with reference to the Personal Protective Equipment at Work Regulations 1992 and the Management of
An employer may be held vicariously liable for acts committed by an employee in breach of that individual’s own tortious duties, which is a form of indirect liability.
Under the terms of a service level agreement (SLA) Agilisys Contact Services Limited (“Agilisys”) recharged InHealth (London) Limited (“In-Health”) remuneration it paid to individuals jointly employed. Agilisys and [...]
In Fair Deal 2013, it was made clear that the Fair Deal 2013 did not apply to most local government employers. However, it commented that this issue would be considered
When planning redundancies (which for collective consultation purposes is broad enough to include any dismissal for reasons unconnected with the individual worker – such as a dismissal in order to
A recent case has emphasized the burden on employers when processing ill-health retirement benefits for terminally ill employees, to ensure that they do so as quickly as possible.
We must be living in a strange world when the usual April changes in employment law ground us and even offer some light relief! This ebriefing outlines the changes that have come into force.
Until the Employment Tribunals and the Employment Appeal Tribunals Fees Order 2013 came into force in 2013, a claimant could bring proceedings without paying any fees. The Fees Order came
The decision of the Court of Appeal in The Harpur Trust v Brazel & Unison has made clear that employers can no longer legally calculate part-time holiday based on 12.07% of hours worked over a year.
Background The Equality Act 2010 prohibits unlawful discrimination in the workplace including indirect discrimination and discrimination arising from disability. Indirect discrimination occurs when the employer has [...]
We highlight the key changes that you should look out for below, along with links to our recent ebriefings relating to these changes. Increases to National Minimum Wage The National
The consequences of staff being wrongly enrolled into the TPS can be significant for both staff and employers. Local authorities and academies should, therefore, review their staff enrolled in the
While it is understood that the bill has been introduced to tackle the potential exploitation of migrant workers, it will apply equally to all employers and workers. It is therefore
Mrs S was employed by the East Sussex Healthcare Trust (ESHT). She was also a member of the NHS Pension Scheme (the Scheme). In September 1996, her work was outsourced,
Readers will recall that the Tribunal concluded in this case that a worker’s holiday pay ought to include overtime and premium payments when calculating the amount of basic remuneration. The
The team fought off strong competition from ESP Law, Gowling WLG and HRC Law to take home the award, which was centred around the work the team has done for the
The shortlist was announced today (26 July) and the team, shortlisted for their work on the critical issues of National Minimum Wage, for the social care sector, in particular, is
The team fought off strong competition from ESP Law, Gowling WLG and HRC Law to take home the award, which was centred around the work the team has done for the
The team fought off strong competition from ESP Law, Gowling WLG and HRC Law to take home the award, which was centred around the work the team has done for the
This employment health and social care 2023 webinar will look into arising issues with the TUPE legislation.
With the budget just days away, it may well be that the Government unveils its response to this shortly. It seems likely that some employees, such as church ministers and
Anyone who paid a fee can apply for a refund online, or use one of the following forms to apply by post or email: form 1-C if you paid the
In the Court’s ruling, it was decided that the disclosure of old convictions and cautions was incompatible with Article 8, the right to private and family life. The Court accepted
On 19 December 2019 Boris Johnson had, almost a week earlier, won a general election and the Queen announced, in her speech to Parliament, the Employment Bill (the Bill).
In addition, existing employees who become eligible after 1 October 2012 will also automatically join the scheme. Organisations whose new employees are eligible for LGPS membership (i.e. the admissio [...]
As all HR professionals will be aware, during a “protected period” (i.e. the beginning of pregnancy to the end of maternity leave), unfavourable treatment of a woman because she is
Our annual employment update provides a comprehensive, accessible update of the cases that have been decided, the ones that are still to be decided, the changes to the law that have come through and the ones that a [...]
Please note that this virtual event will be hosted on Zoom over two one-and-a-half-hour sessions. By clicking Book now, you are registering for both sessions and will be provided with
Issues such as self-isolation, Statutory Sick Pay and a downturn in business are key and the situation is not a static one.
Law Under the Equality Act 2010 (the Act) an employer has a duty to make reasonable adjustments to help disabled job applicants, employees and former employees in certain circumstances. It
Law Under the Equality Act 2010 (the “Act”) an employer has a duty to make reasonable adjustments to help disabled job applicants, employees and former employees in certain circumstances. It
Under UK legislation, a worker has the right not to be subjected to detriment on the ground that they have made a protected disclosure. This protection applies not only to
Under UK legislation, a worker has the right not to be subjected to detriment on the ground that they have made a protected disclosure. This protection applies not only to
You can read the full Judgment here. Background Under the Employment Rights Act 1996 a worker who makes a ‘protected disclosure’ cannot be subjected to detriment or be dismissed by
The issue of worker status continues to make its way into the headlines, fuelling uncertainty about who is self-employed, who is a worker and (most relevant) who has the corresponding employment right
The gig economy, the tensions between it, and our more established ways of working are rarely far from the news these days.
On 18 September 2020, the High Court gave its decision regarding the Judicial Review of Simply Learning Tutor Agency Ltd & Others v Secretary of State for Business.
When the news broke in the early hours of 24 June 2016 that the UK was leaving the EU, I imagine many of us doubted that the process would be either swift or painless.
Supreme Court publishes key decision for those working in the UK’s gig economy.
The Employment Appeal Tribunal has, for the first time, ruled on the issue of enhanced shared parental pay for fathers. It confirmed that failure to pay a male employee enhanced
As the tight grip of lockdown eases across the country, the Government is producing swathes of guidance as to how this will look in practice.
As our parcels are delayed and some groceries appear lacking, we are reminded that Brexit will have unforeseen implications for some time to come.
The draft regulations will apply in relation to children born or adopted on or after 5 April 2015 but the implications can have effect already for expectant parents or adopters.
Employers and pension funds must continue to do the following; pay benefits, make employer contributions, support savers and be alert for scams.
Under the UK legislation, a worker must not be treated detrimentally by their employer because they’ve blown the whistle, i.e. made a protected disclosure. If the employee is dismissed because
It is almost a matter of relief that “normal” might be on the horizon when we return to the machinations of TUPE and its protections for employees!
Under the UK legislation, a worker must not be treated detrimentally by their employer because they’ve blown the whistle, ie. made a protected disclosure. If the employee is dismissed because
Facts Mr Sharpe, an ordained minister in the Church of England, worked as a Rector in the Diocese of Worcester from 2005 to 2009. He brought claims that he had
This last week, we have had three different pieces of Government guidance, one confusing Treasury Direction and some conflicting SSP Regulations
The EAT agreed that, based on the facts and the legal arguments adopted by Mrs Tomlinson-Blake and Mencap, the Tribunal was entitled to reach their conclusion, namely that all hours
In Jawaby Property Investment v Interiors Group** the Employer had asked for a “valuation” 3 days before the date on which an interim payment application had to be made under the
The previous conditions of having to demonstrate caring responsibilities will no longer apply meaning that the extent and breadth of reasons for requests from your workforce can be predicted to
So, what are the implications of the case for your organisation? The case concerned two nurses employed by the Trust and dismissed on the grounds of gross misconduct due to
The Department for Education introduced regulations earlier this month which make a number of changes to the Teachers’ Pension Scheme including to contribution rates. The employer contribution rate will be inc [...]
The new time limit applies to all redundancies where the proposal to dismiss is made on or after 6 April 2013. This means that the changes will not apply to
Two cases, each disputing a university’s justified retirement age, each bought by white, male professors pushing 70 years old but prompting diametrically opposed tribunal decisions.
Background The WTR set minimum health and safety requirements in areas such as: rest breaks and rest periods; limits on the number of hours to be worked on average each
What was our role? Our work involved three separate projects during 2015: A Development Agreement for the former Dudley Guest hospital site, which is being developed under a
Many employers who engage workers on atypical arrangements, where they work more than their normal contractual working hours and receive additional pay over and above their standard pay, were left
“HMRC enforce National Minimum Wage (NMW) legislation in line with the policy set out by the Department for Business, Energy and Industrial Strategy (BEIS) and do not have discretion to
The Chancellor made clear in his budget speech that the new National Living Wage will be compulsory and will apply to workers aged 25 and over. It will be introduced
This means that employer contribution rates for those employers participating in the NHS Pension Scheme, the Teachers’ Pension Scheme and the Civil Service Pension Scheme are likely to rise from
1. Legislation update: The Small Business, Enterprise and Employment Act 2015 (the ‘SBEEA 2015’) On 18 September 2015, the Small Business, Enterprise and Employment Act 2015 (Commencement No 2) Regulations 2015
The 3 million apprentices that the government hopes to have in place will partly be paid for by the new apprenticeship levy, whereby every employer with a wage bill of over
Donna Holmes, of Private Legal Services, and employment specialist Douglas Mullen have been promoted to senior associate. James Monk, an employment and education solicitor, has been made an associate. The
If health and social care employers are to provide workplaces which retain their workers, there are many and varied challenges. With input from Care England about the demographic of the sector’s
Practical and interactive, the training is based on a recording of a fictional CVP hearing with commentary and advice on specific issues that unfold.
Auto-enrolment compliance is a headache for many employers, with seemingly small failures leading to penalties from the pensions regulator (TPR).
Government regulations came into force on 23 September 2020 providing LGPS (local government pension scheme) employers with flexibility on meeting exit payments and LGPS funds with flexibility too
ESPARON T/A MIDDLE WEST RESIDENTIAL CARE HOME V MISS SLAVIKOVSKI Summary The Employment Appeal Tribunal has just handed down a decision that a care worker who was required to work
One of the key issues taking up media time currently is that of payment of employees in self-isolation or isolation as requested by medical staff or employers.
We have asked colleagues in the Employment Law team to highlight what they think is key to managing a redundancy programme well.
The facts ICAP Management Services Limited (“IMSL”) was a service company providing services to other companies within the ICAP Global Broking Business (“IGBB”). IGBB decided to sell the IMSL to
With the UK Government releasing its plan for handling the next stage of the Covid-19 Pandemic, all employers are considering when and how their employees will return to their workplace.
The Regulations apply to “workers” which includes employees, temporary workers and freelancers, but not the self-employed genuinely pursuing a business activity on their own account. The Regulations provide workers with
Employer contribution rates for unfunded public sector pension schemes are likely to rise more steeply than anticipated from April 2019.
The Employment Appeal Tribunal (EAT) has found that where a TUPE transfer has taken place, subsequent changes to employees’ terms and conditions may not be invalid...
A key feature of statutory payment mechanism is a requirement for employers to issue payment notices & pay less notices if monies are to be withheld from a contractor.
Employers are having to walk a fine line between protecting their interests whilst also ensuring that they are not breaching their employees’ rights.
What can an employer do when its negotiations with a recognised union break down and they cannot collectively agree changes to terms?
In a recent case, the Pension Ombudsman has given some useful guidance on steering a course through the issues that await unwary employers when deciding on granting ill-health benefits in the LGPS.
Subject to parliamentary approval (which we believe is likely), the Regulations will come into force on 6 April 2017. So what do you need to know about the revised Regulations
The Coronavirus has, during this year-long pandemic, caused employers to ask questions many thought they would never ask.
The employment and pensions team offer practical advice on whistleblowing.
The provisions ought to make it harder for unions to take industrial action. On the back of recent and high-profile disruption to services through strike action, this is likely to
Two recent Supreme Court cases (Cox v Ministry of Justice and Mohamud v WM Morrison Supermarket plc) confirm that a relationship other than one of employment is, in principle, capable
Employment Tribunal rules in favour of claimants in minimum wage case – has the interpretation of “working time” changed?
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
On 11 February 2021, the Pension Schemes Act 2021 was given royal assent, setting out a framework for several major changes that will certainly be of interest to employers and pension funds alike.
Non-UK nationals will surely be worried about an uncertain future, with much still unclear. These feelings will inevitably accompany people to work, and so employers need to be prepared.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
Are employers legally required to keep accurate records of employees' working time? A disputed case brought to the ECJ provides the answer.
How does a media-savvy employer ensure a season of festive cheer but without mishap, damage to their reputation or harassment and bullying claims?
July was a month of research, with the Charity Commission (the Commission) publishing three(!) major pieces of analysis: its research on public trust in charities; its research on trustees’ opinions;
Mrs R was employed by Trafford Council but resigned due to ill-health in August 2011. In June 2014 she applied for early payment of her deferred pension benefits in the
In light of the extensive media coverage regarding zero hour contracts and the recent MP debate in the House of Commons over the issue, many organisations question their approach to
The Employment Appeals Tribunal (“EAT”) held in Flowers v East of England Ambulance Trust that “normal” remuneration included voluntary overtime if it was paid over a sufficient period.
We are seeing a steady trickle of decisions focused around the issue of flexible working requests or employer requirements for changes to working patterns (both pre and post the pandemic).
In Grange v Abellio London Ltd, the EAT has held that a claim for ‘refusal’ to permit rest breaks under the Working Time Regulations 1998 can be brought where the
Background Over recent years, we have seen numerous, well-publicised decisions, around whether holiday pay should include additional elements of pay (such as overtime and commission) when that pay is for
Do you know what ‘pay’ is for the purposes of calculating holiday pay? Is it calculated simply by paying basic salary for any time taken as leave? Should overtime rates
Employers should not undervalue the risks that lone working can pose to the health and safety of its employees.
The EAT decided that a warehouse worker, who had difficulty lifting up to 25kg, was disabled for the purposes of the Act. Mr Banaszczyk worked in a distribution centre and
Only employees who form part of an organised grouping of employees, assigned to carry out the services that are the subject of the transfer, will move to the new provider
Introduction The most common approach to sleep-in shifts across the care sector has been to pay a flat rate for a sleep in shift, rather than pay an hourly rate
A recent ECJ case has concluded that statutory holiday entitlement will not automatically be lost at the end of a holiday year unless the employer has “diligently” bought it to the worker’s attention.
This decision will have significant cost implications for employers who engage zero-hours and part-year employees on a permanent basis.
A consultation regarding the changes is currently underway, and if approved, the reforms could be implemented as early as October 2013. The changes are intended to create clarity for the
But to what extent has this been progressed in the Government’s first 100 days, and what else have we learned about the attention Labour wants to give social care? Here
Ms Stephens was employed at Croydon College in 2001 and, as a part-time teacher, she was not automatically a member of the TPS. She chose to join the TPS. In
The engagement report found four key areas for improvement; key person risk, pension board management, protecting members from scams and handling employer-related risks.
The Employment Appeal Tribunal (EAT) in the case of Moore v Phoenix Product Development Ltd, ruled that the company’s failure to offer Mr Moore the right to appeal his dismissal was fair.
As ever when embarking on an inclusivity journey, it is not without bumps in the road as the General Optical Council (GOC) found in a recent Employment Appeal Tribunal (EAT) decision.
As we step into October, a season of change and reflection, this month’s newsletter covers a wide range of important updates within the charity sector including changes key future employment law changes.
A father has won a sex discrimination claim after his employer told him that he would be paid full pay for only two weeks’ paternity leave, despite the entitlement of
The decision means that there is now little room for doubt that commission and overtime, both guaranteed and non-guaranteed (where it forms part of normal remuneration and where the worker
1. It has been widely reported that the judgment means that employers will now always have to include overtime when calculating workers’ holiday pay entitlement. In fact, the judgment makes
The great resignation is a reality in the housing sector and not just a trendy hashtag! The purpose of this webinar is to address what housing providers can do to buck this trend right from the start of the employm [...]
HMRC have now published details of how savers can apply for protections so that they will be able to continue to benefit from a lifetime allowance of £1.25million so long
This could come at a significant cost for some employers and cause widespread financial damage. Two recent developments , will hopefully make the burden of potential claims more manageable. 1. To
Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
Joanna joins us with over seven years’ experience in the healthcare sector, having worked at two national healthcare practices. She provides specialist strategic advice on a wide range of contentious
This ruling confirms the Advocate General’s opinion in this case, which we released a briefing on earlier this year – see here for our full commentary on the implications of
Many are asking the same questions. In order to provide cost effective advice we are preparing a toolkit which will address the following Frequently Asked Questions: Who is affected by
In Neal v Freightliner Ltd the terms and conditions of a freight worker stated that he was expected to work a basic 35 hours per week made up of seven-hour
It’s not often that the Government asks for more money and then offers to pay anyway! That is the situation when it comes to employer contributions to the Teacher Pension Scheme (TPS)...
An estimated 1% could be added to Local Government Pension Scheme liabilities – not the news that employers will want to hear.
“We’re pleased that agreement could be reached in court today, 1st April, between the charity and those campaigning against us. This means that those Botton Village co-workers opposed to change
Campaigners have argued that changes being made to care worker arrangements at Botton Village, a community for people with learning disabilities in Yorkshire, breached human rights. The case centred on
Gemma first joined Anthony Collins Solicitors as a trainee, qualifying into our housing corporate services and funding team. While working predominantly in the social housing sector, Gemma also advises community
But just how often do you stop and reflect on the needs that aren’t externally imposed on you, but are nevertheless just as vital? Do you have a contingency plan
This has led to areas of dispute and interpreting the law wrong can prove costly. The Government has decided to consolidate the law into one set of Regulations. These have
The charities and social businesses we work with often run into difficulties when they engage external designers to produce logos. They often fail to appreciate that where a self-employed consultant
1. What is a PSC Register? The PSC register is a new statutory register that most UK companies and LLPs are required to keep from 6th April 2016 as a
Our client has received a lump sum of £3.4 million and annual payments of £195,000 for the rest of his life. This money will improve his quality of life significantly,
What is a PSC Register? The PSC register is a new statutory register that most UK companies and LLPs (including charitable companies) will be required to keep from 6th April
1. The Small Business, Enterprise and Employment Act 2015 (the ‘SBEEA 2015’) – watch this space! A number of key provisions in the SBEEA 2015 are expected to come into
The national launch event was chaired by Chris White MP, the author of the Public Services (Social Value) Act 2012. Mark Cook, partner at Anthony Collins and author of the
Although the decision relates to an application under the NHS Pension Scheme, it has wider implications for decision makers making similar decisions under other schemes, including the Local Government Pension
What does the Government’s written statement on steps to take in wake of the Court of Appeal’s judgment in McCloud mean for employers?
The Bridge is a Birmingham based charity bringing hope to men and women recovering from drug and alcohol addictions as well as those exiting prostitution. It does this
“The evidence shows that something has to change. The social care sector in particular needs to receive proper support from central government and ensuring the integration of health and social
New rankings were achieved for Intellectual Property and IT in the Midlands, and for Charities, Social Housing Finance and Court of Protection in London. Several lawyers also received praise in
Matthew was invited to become partner following a successful seven years with the firm. Working with clients in the Housing and Health & Social Care sectors, Matthew is well known
The firm employs over 260 people at its Birmingham headquarters and is known for its mission-led approach that focuses on improving lives, communities and society. Outputs have been buoyed by
The firm employs over 260 people at its Birmingham headquarters and is known for its mission-led approach that focuses on improving lives, communities and society. Outputs have been buoyed by
The firm employs over 260 people at its Birmingham headquarters and is known for its mission-led approach that focuses on improving lives, communities and society. Outputs have been buoyed by
Alice Kinder, pensions and employment solicitor takes on the role in representing and supporting more than 5,500 legal professionals located across Birmingham and the Greater Midlands.
Headline announcements included new grant funding for adult and children’s social care and an increase in the Carer’s Allowance weekly earnings limit to the equivalent of 16 hours at the
Index1. Statutory Sick Pay; eligibility, notification, etc. EligibilityNotificationContractual sick pay2. Coronavirus Job Retention Scheme (CJRS) – “Furlough” Furlough and holidaysConsent and furl [...]
People have been pledging New Year resolutions for thousands of years, with Britons top three resolutions apparently repeatedly being: lose weight, exercise more, and save more money. As we enter 2018 however, what [...]
The EAT held in Roddis v Sheffield Hallam Uni that a zero-hours employee can compare themselves to a permanent full-time employee when seeking to enforce the right not to be treated less favourably.
The tribunal decision in the case of Scott v Chigwell School last week might cause school managers and bursars some sleepless nights as they process its ramifications.
It is not often that new Government guidance is released on a Saturday, but we are living in unprecedented times!
Failure to provide minimum pension contribution protection following a TUPE transfer can end up costing a lot more than if provision had been made.
The Court of Appeal has given a Judgement in City of York Council v Grosset that a dismissal of an employee with a disability can amount to unfavourable treatment.
The EAT held in OBI v Rice Shack Ltd that an employee on a zero-hours contract was entitled to be paid at her average weekly earnings rate while suspended pending disciplinary proceedings.
January, the month of credit card bills, rain and general greyness, is upon us! There's only one thing for it; time for an HR detox!! Here's how to get rid of bad habits and put in place better ones.
We know that from 1 August 2020, the Government will “pause” shielding.
The recent Oxfam scandal has highlighted the unsatisfactory practice that has developed across the HR world in respect of the giving of references.
An effective and thorough recruitment process while apparently lengthy and somewhat time-consuming in the short term can, in the long term, be hugely beneficial.
The impact of the Covid-19 pandemic, lockdowns and Brexit are very much evident across the construction industry, not least due to the sharp and continued increase in the cost of materials.
1. The National Minimum Wage (Variation of Financial Penalty) Regulations 2014 The National Minimum Wage (Variation of Financial Penalty) Regulations 2014 (“the Regulations”) came into force on 7 March 2014
Dealing with serious allegations of misconduct is never an easy ride. There is rarely, if ever, such a thing as an “open-and-shut case”, and so the competing rights and balancing
Is it ever fair to suspend an employee after allegations of misconduct? What about during a criminal investigation? We look at real-life examples.
Further guidance has been provided by the courts in relation to how the National Minimum Wage applies to night shifts, following a case decision.
The Government has started consultation on the regulations providing the detailed framework for collective money purchase pension schemes.
On 23 May 2022, the Government produced its report on the enforcement of national minimum wage and national living wage.
Can an employee’s concerns raised purely out of self-interest constitute a qualifying disclosure for whistleblowing purposes?
Just when we thought that all news is Brexit news, the Government publishes its proposals for the modern workplace, its ‘vision for the future of the UK labour market’.
The Government have produced draft legislation and consultation papers for changes to maternity leave, National Insurance contributions and more.
Under the Coronavirus Act 2020, the Treasury produced a Direction to HMRC on 15 April 2020, relating to payments under the Coronavirus Job Retention Scheme.
The Supreme Court has allowed two appeals concerning 'vicarious liability', providing helpful clarity for claims of this kind and seemingly reining in the scope of such claims.
The Guidance for the extended Coronavirus Job Retention Scheme (CJRS) was released last night on 10 November 2020. We thought we knew what we were expecting or so we thought...
The last 12 months have seen changes to our society, not experienced since the upheaval and loss of the world wars last century.
As some of us bemoan the withdrawal of one daily episode of the Archers, it is a reminder that no industry will be untouched by the Coronavirus and its effects. The pensions industry is no exception.
The Government's additional guidance on PPN 02/20, includes responses to “Construction FAQs” and specific drafting to vary NEC and JCT construction contracts along the lines set out in PPN 02/20.
Headline There is a cap of £95,000 covering contractual and voluntary exit payments (including pension strain costs other than on ill health retirement). This will cover all public sector bodies
The European Court of Justice (ECJ) has given a Judgement in Ville de Nivelles v Matzak on whether stand-by time constitutes working time under the Working Time Directives.
The Government has now introduced new regulations to prevent exit credits which amount to undeserved windfalls.
The Government’s new guidance on the Coronavirus Job Retention Scheme (furlough) was released late Thursday 9 April. Once again, it’s a mixed bag.
Background As most providers will be aware for many years and, in particular, since late 2013, there has been much confusion over the legal requirements to ensure that workers are
In the case of Mbubaegbu v Homerton University Hospital NHS Trust, the EAT has found that no single act of gross misconduct is required for a fair dismissal for misconduct.
HMRC’s approach to underpayment of the National Minimum Wage (NMW) is getting tougher and shows no sign of abating.
Government guidance on the new flexible furlough arrangements, published at 9.30pm on Friday 12 June.
Is it just me or are the updates and product launches of the of the Coronavirus Job Retention Scheme “CJRS” starting to resemble the seemingly continuous barrage of new and upgraded iPhones?
The Covid-19 pandemic has caused a significant amount of uncertainty and concern in all aspects of our lives.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
This confirms that employees who transfer to a new organisation are not entitled to the benefit of collectively agreed terms where: those terms are agreed after the date of transfer;
We kick off this new year with news of a seemingly innocuous piece of legislation which will undoubtedly bring clarity and accuracy to workers’ pay.
Even those of us with zero football knowledge will most likely know of the shenanigans at a Chelsea FC game this season.
The Construction Leadership Council (the CLC) has released its new recovery plan for the UK construction sector - “Roadmap to Recovery”.
We have spent the best part of a year learning new vocabulary that most of us don’t want to use ever again; 'furlough', 'self-isolation', 'CJRS' to name a few.
The Supreme Court has finally closed the long running case of Kostal UK Ltd v Dunkley and others.
The Greenfeeds Limited prosecution highlights the human cost of failing to prioritise safety at work and the serious consequences for the organisations and individuals found to be at fault.
The most high-profile story has been Birmingham City Council’s issuing of a section 114 notice over an equal pay liability estimated at £760 million but this is far from an
In this last month we have had one seminal Supreme Court judgement and one interesting and possibly appealable tribunal decision.
Between Labour’s landslide victory in the general election, the first change of government in 14 years and the dramatic political developments happening across the pond, no one could accuse July 2024 of being a qui [...]
The facts An employee with 35 years’ service has been absent for 62 days due to post-viral fatigue. Following her return to work she is found to be suffering from
As Parliament break for their Christmas recess with no Withdrawal Agreement in place and 14 weeks until 29 March (“Brexit Day”), the possibility of a 'no-deal' Brexit looms large.
Doug Mullen explains how to prepare for some of the changes to evolving pensions landscape in 2019.
A local authority recently received a "roasting" by the Pensions Ombudsman for their delay in processing an employee’s ill-health retirement pension, following her diagnosis with advanced cancer.
An issue being brought into public view in the latter part of this decade, thanks to a healthy handful of royals and celebrities, is the existence of hidden disabilities.
We've been producing ebriefings and advice about covid-19 where we can, and we've issued a lot this week. If you've missed any, we've compiled them here.
Whether you are planning to resume operations shortly or you are wisely planning ahead, here are our top tips to consider when preparing for a return to work...
As England enters its second lockdown, organisations are once again having to adjust its ways of working to align with Government guidance.
On 4 November 2020, the Restriction of Public Exit Payments Regulations 2020 (the Regulations) came into force; exit payments for the public sector were capped at £95,000.
Worker status, like Piers Morgan, is one of those things that we think has gone away and then it pops up again!
Why not use the bonus day in this leap year to catch up on all things charity governance?
This information could well prompt questions or even equal pay claims by employees or their representatives and could cause reputational damage if unexplained. Background Equal pay for men and women
Introduction Many churches (and indeed other charities) do not realise that they potentially own a valuable asset in the form of intellectual property and that they are often not free
President of the Methodist Conference and Preston The Supreme Court published its decision this week in the case of President of the Methodist Conference and Preston. Mrs Preston was a
On Friday 17 August 2018 HM Revenue and Customs (HMRC) issued a further update to social care providers in the Social Care Compliance Scheme (SCCS).
Two recent cases illustrate the rather unpredictable nature of vicarious liability decisions, as confirmed by Lord Justice Irwin noted in the Bellman case.
The Government announced in April 2018 that they would release new proposals at the end of 2018 and so, as we stretch in 2019, we now have the new consultation proposals.
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
February 2020 Royal Mencap Society v Tomlinson – BlakeThis case, colloquially known as the “sleep-in” case, addresses whether employees who sleep at the homes of the people they are supporting,
The free movement of workers may have stopped on 1 January this year but the free movement of ECJ decisions is not so fettered!
Those pesky April showers might have over-stayed their welcome, but what better way is there to pass a rainy afternoon indoors than with a cup of tea, catching up on the latest news in charity governance?
Social mobility and its impact on the modern workforce was top of the agenda at a virtual event hosted by law firm Anthony Collins Solicitors on Tuesday 23 November.
As the end of the summer holidays draws near and the sound of the school bell gets closer, there is no better time to make sure your charity’s governance is in tip-top shape.
It is never easy to see charities in the news for the wrong reasons. It can however be useful to see where charities have (usually) unwittingly got themselves on the
Ramphal v Department for Transport Mr Ramphal was an Aviation Security Compliance Inspector for the Department for Transport. He was under investigation following the result of a random audit of
Background The Working Time Regulations confirm that workers are entitled to be paid during statutory annual leave at a rate of a week’s pay for each week of leave. Under
Under the Working Time Regulations (WTR) a worker is entitled to a 20 minute rest break away from their workstation if their daily working time exceeds six hours. However, there are limited circumstan
Now 2020 is here and we have welcomed in the new decade, it’s time to welcome in changes regards the contents of employee’s statement of particulars.
As restrictions lift, will new work requirements be, like our old workwear in the wardrobe, a welcome change, or will they need some adjusting?
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
The High Court has decided that South Yorkshire firefighters working 4 days, and being on call for 4 nights, were working in breach of the Working Time Regulations resulting in a review.
In what has been a veritable deluge of data protection-related developments, we now have in our midst, a brand-new, homegrown iteration of data protection legislation; the Data Protection Act 2018.
Several myths are circulating the relaxation of data protection rules and compliance. We can help clarify these myths.
With many premises being left unoccupied (or minimally occupied) during the lockdown, both Public Health England and the Health and Safety Executive have warned of the increased risks of Legionella.
On 24 April 2020, the Fire Brigade Union, supported by the prison staff union (POA), public services union PCS and the GMB, filed court proceedings against the Government.
Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
The High Court has ruled that retrospective changes to the LGPS exit credits regime were lawful – and gave some helpful guidance around the new discretion to pay an exit credit.
In the run-up to Christmas with the 'will they, won’t they cancel Christmas?' question clouding our thoughts, only the eagle-eyed will have noted a key Government announcement on Christmas Eve; temporary changes to [...]
We get ready to say goodbye to winter and hello to spring however the world of charities continues to develop with more guidance and case law being released.
With a new King on the throne (and plenty of bank holidays to boot), there are changes in the charities’ world too – welcome to the May charities newsletter.
We analysed the proposed changes in June 2022 but they are now further re-organised and amended. Set out below is a summary of the new grounds and explanatory notes to the Bill. Bear in mind the Bill is of course s [...]
Does a sick, suspended employee get paid sick pay (as per sickness policy) or full pay (as per disciplinary policy)? Croydon London Borough Council (the council) decided the latter was correct. A costly decision to [...]
The big news for charities this month has been the implementation of further provisions of the Charities Act 2022. However, this important news should not overshadow or distract from several other significant devel [...]
The promise of spring is in the air and as the flowers bloom, so too do our insights into the latest governance trends and updates. Why not grab a cup of tea and dive into what's budding in the charities sector!
Anthony Collins Solicitors has been appointed to the National Local Government Pension Scheme (LGPS) Legal Services framework.
Donating during Christmas? The Christmas period is about giving as well as receiving. Research from the Charities Aid Foundation predicts that donations from the British public will reach £2.8 billion
Faced with spending cuts, local authorities have used their purchasing power to drive down prices for care services. This presents charities with a dilemma as they seek to pay care
This ruling, in the case of Peninsula Business Services Ltd v Donaldson, may also have implications in relation to pension contributions made via salary sacrifice during maternity leave, but the
Providers will be hoping that the Government’s acceptance that previous guidance was misleading, as per the 26 July 2017 announcement, means that they will not need to repay alleged before
Transferring out of SHPS will not be suitable for every housing association. So what should housing associations do?
The news that Allied Healthcare is “actively exploring” the sale or transfer of its care and support services means the TUPE implications and risks need to be considered for any would-be buyers.
Whilst we all wait in limbo for the UK’s future in Europe, Hazel covers some basics worth noting...
Somewhat ironically, the EU Settlement Scheme, first announced in June 2018 and operational from 30 March 2019, has remained just that, albeit with some changes.
Results from the latest three-yearly valuation of the Local Government Pension Scheme (LGPS) are starting to trickle through.
The Government has announced changes to the newly extended Coronavirus Job Retention Scheme (CVJRS) and extended the payment of SSP in certain circumstances.
Whilst many of us are welcoming the recent changes to lockdown, many charities are finding the easing of lockdown more difficult to manage than going into it!
The Covid-19 crisis has demonstrated that social capital is the glue that binds communities together.
The case of Cook v Gentoo Group Limited confirms that you can’t rush redundancy procedures!
Welcome to the bumper edition of the April charities newsletter. With spring well and truly underway and all the Easter egg hunts now at an end, there is no need to go hunting for charities news either.
What better way to start 2025 than sitting down with a cup of tea and working your way through some key legislative updates.
For some, this spring has brought regulatory rains and compliance clouds, but we've gathered the umbrella of knowledge to help keep your organisation thriving.
What key learning points can be taken from the BBC’s revelations? There is NO requirement to publish the names of your employees, or even the names of your highest earners.
Misconception 1: Following the European Court of Justice case of Tyco, my care workers are entitled to be paid for the time they spend travelling from home to their first
How far should the decision lead you to change the approach to the calculation of holiday pay where overtime, premium payments and commission may be paid to your workforce? This
In this case, the contracting authority (City of Dortmund) included a requirement in its EU tender process that the chosen contractor comply (and crucially, that its subcontractors comply) with the
Inflated damages in tyres case In the 1915 landmark case of Dunlop Pneumatic Tyre Company, the House of Lords said that it was legitimate for a contract to specify (“liquidate”)
What is Concurrent Delay? Concurrent delay is when there are two or more reasons for delays to construction works that happen simultaneously, one of which would usually give the contractor
The Advocate General of the European Court of Justice (“ECJ”) has confirmed that a 5 month gap in operations does not necessarily prevent TUPE applying.
If you have a psychiatric injury caused by stress at work, it’s not clear how to claim for this as a personal injury. We talk through a recent case, which was initially rejected by a trade union.
The Government has this week resurrected its proposals to cap exit payments for public sector workers at £95,000.
The Government has resurrected its plans to cap the termination payments for exiting employees in the public sector.
What do you do if an employee persists in raising the same concern, again and again, taking up copious amounts of management time and patience
The Pensions Regulator is showing its determination to improve the prudent management of Local Government Pension funds by digging deep into the internal workings of these funds.
So after two days of legal argument, the Supreme Court have now retired to reach their decision in the joined cases of Tomlinson-Blake v the Royal Mencap Society and Shannon v Rampersad.
Managing workplace relationships is something of a tightrope for employees.
It will come as no surprise that this round-up focuses on the coronavirus pandemic and how it is affecting charities.
As we make our first tentative steps out of strict lockdown, many of us have been thinking about what the future will look like for charities, both in the short and long term.
To help our charity clients look to the future, we summarise key guidance and updates over the last week.
We've seen a noticeable trickle of cases concerning what is known as the ‘childcare disparity’. Essentially relating to the childcare responsibilities that still largely fall on women’s shoulders
It’s that time of the year when lots of people are planning holiday days for the year and the holiday requests will start coming in.
With schools out (or soon to be) and the sound of ice cream vans in the air, feel free to grab a cuppa, kick back in the sunshine (ever the optimist!) and peruse our latest charity newsletter.
As we draw 2023 to a close, the charity sector shows no sign of slowing down. With the Department for Culture, Media and Sport announcing that the next stage of
With local authority finances under significant pressure and no sign of more money in the event of a change of government, creative ways to release money are very much in vogue.
Anthony Collins Solicitors is delighted to announce the appointment of five associates in the November 2021 round of promotions.
Schedule 2 of the Procurement Bill contains a list of exemptions to the procurement rules that are very similar to those found in Regulations 7 to 17 of the Public Contracts Regulations 2015 (PCR 2015).
Welcome to our charities monthly round-up for January 2023. This month we share with you key ‘finance-focused’ updates.
With the weather now feeling much more autumnal, our October newsletter is here to fill you in on some of the most important updates in the charity sector this month.
Social care providers will be aware that they have a further month of uncertainty to see what the Government proposes to do about sleep-ins. In the meantime, HMRC has sent
This is good news for many of our clients who are looking to re-procure term contracts, such as repairs and maintenance or gas installations and servicing contracts, using the traditional JCT approach.
While it is always possible that case-law may change in the future, as far as we are aware, there is no significant risk at the moment in using the daily
Not quite as exciting as Brexit, but perhaps a welcome distraction! This quarter, the key highlights are: Register of Persons with Significant Control (PSC Register) UK Companies and LLPs have
Another case that might challenge holiday-pay practice for variable hours staff has been decided by the EAT.
The Department for Business, Energy & Industrial Strategy (BEIS) has updated its guidance to Calculating the Minimum Wage in relation to sleep-ins.
The collapse of Carillion in January this year was a timely reminder that, while the economy as a whole slowly improves, the construction and maintenance industry still faces significant insolvency risks.
The case of Network Rail Infrastructure Ltd v Crawford EWCA Civil 269 will not win awards for excitement but is useful guidance when dealing with workers’ rest periods under the WTR 1998.
On 8 May 2019, the Ministry of Housing, Communities and Local Government published a consultation regarding changes to the Local Government Pension Scheme (LGPS).
Cliff Mills defines and talks about the importance of social value in his blog, and its potential within Greater Manchester.
The Court of Appeal held that no pro-rata mechanism was included in the Working Time Regulations 1998, and so part-year employees were entitled to 5.6 weeks’ paid holiday just like their colleagues wo
In response to the Women and Equalities Select Committee Report back in July 2018 on sexual harassment in the workplace, the Government is looking at a number of initiatives.
This week we continue to look at key issues affecting charities, some of the great funding available to them and creative to help their communities.
Whilst last week saw some children returning to school and groups of people from different households finally being able to meet again, life in the UK is still far from “back to normal”.
Catch up with all the latest charity updates in this fortnight’s news roundup
At the end of 2020, The Charity Governance Code was updated or 'refreshed' as it is termed on its website.
The Supreme Court has today (19 March 2021) handed down judgment in the cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (t/a Clifton House Residential Home).
It may be difficult to get a doctor’s appointment, harder still book a food delivery slot but seemingly easier to have an unfair dismissal claim heard!
In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
As employees head back to work, some tentatively - some more enthusiastically, many organisations are returning to 'business as normal' or something resembling normal. Not so much for the social care sector.
Working from home has allowed much greater freedom for individuals to dress as they choose. However, with returning to the workplace, revisiting a dress code may be advisable.
This month we discuss the Charity Commission statement on implications for charities in light of the invasion of Ukraine, safeguarding concerns, the Spring Statement and de-registration of a charity.
Successive generations have witnessed seismic shifts in the workplace; post-war it was the return of the soldiers and the impact on working women who had to work in their place.
With all that 2024 is likely to bring to the charities world, we hope you all had a restful December and are ready to plough through 2024
It is a short and sweet piece of legislation. Very simply, it requires every English public body (and many Welsh ones), whenever it is about to procure services, to consider
The firm was established around 40 years ago by licensing lawyer and Christian Anthony Collins, who wanted to fuse his professional life and his faith to serve the needs of
One of the powerhouses behind this legislation, so ably steered through Parliament by Chris White MP, is Social Enterprise UK, which hosted its Social Value Conference on 20th November, bringing
Welcome to the October edition of the charities newsletter. This month's round-up contains key messages from the Charity Commission and Fundraising Regulator.
Updates You can read the individual updates by clicking on the links below. PSC Register – Update on “significant influence” Introduction of HCA Fees Grenfell – four months on HCA
The current position in respect of calculating holiday pay could cause widespread financial damage at a time when housing providers are under increased pressure to demonstrate value for money, one
You may have missed this, as we nearly did, but just before Christmas the British Standards Institution issued an updated version of PAS 91.
The National Minimum Wage New national minimum wage (NMW) rates came into force on 1 October 2015: Standard adult rate – £6.70 Development rate – £5.30 Young workers rate –
Not every qualified teacher will be eligible to join the Teachers’ Pension Scheme – only those who are carrying out the role of a teacher. The updated guidance makes clear
The guidance is little more than a précis of the social and environmental aspects of European procurement rules as implemented by the Regulations (and, if you don’t want to read
The Bill comes at a time when public trust in charities is threatened by the fundraising scandals of last summer and the collapse of well-known charities, such as Kids Company
Devaluations All councils would be well advised to consider their Medium-Term Financial Strategy, and the assumptions that underlie it, to see if some adjustment is required. For example, one of
Leadership EU migrants fill an estimated 6% of jobs in the social care sector in England, and the majority of them will be concerned about what a British withdrawal from
This decision may have significant implications for landlords undertaking improvement projects. Click here to see the facts of the case. This case concerns 97 holiday chalets at Point Curlew, a
However, the recent case of City of Edinburgh Council v Lauder makes it clear that in certain circumstances only time spent awake for the purpose of working counts as working
What happens to existing contracts with Morrison? Mears have confirmed to us that they have purchased the shares in MFS, rather than the assets. Since this is a purchase of
The Law Under the Equality Act 2010 (previously the Disability Discrimination Act 1995), a person has a disability for discrimination purposes if they have a physical or mental impairment which
Epilepsy is most commonly diagnosed in children and in people over 65. According to the Epilepsy Society “there are over 60 million people with epilepsy in the UK, so around 1 in 100 people.”
We often see new clients who have not been claiming all the benefits they are entitled to and need some help getting their financial affairs in order.
The Court of Appeal has today (13 July 2018) handed down judgement in the cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (t/a Clifton House residential Home).
Calculating holiday pay and entitlement is rarely a pleasure and almost always a chore! It would be wise to review the calculation of holiday pay for term-time workers.
In the second part of our series on contract management pitfalls, we look at the risks and opportunities presented by payment mechanisms in construction contracts.
The Court of Appeal has made a judgment on whether overtime and other factors should be considered when calculating holiday pay.
The Government has been refused permission to appeal a decision ruling that transitional arrangements in public sector pension schemes are discriminatory.
As we all come to the end of a busy year, we’d like to share some of our highlights with you, as well as some articles for you to consider in the New Year.
Newnham College, Cambridge, received a fine from the HSE in January for failings that exposed employees and subcontractors to asbestos during refurbishment works on a flat owned by the college.
As the weeks go on, we are finding new ways to keep connected and celebrate holidays and festivals together. Charities are leading the way with some great fundraising ideas.
Whilst life before lockdown may seem a distant memory, as we head through the peak of coronavirus, many of us are probably beginning to think about what the post-Covid-19 world will look like.
The last few weeks have proved what charities can achieve when put to the test – but we also need to remember that, now more than ever, charities need our support.
Catch up with all the latest charity updates in this fortnight’s news roundup.
It has been another difficult few weeks for many of us, especially those who find themselves under tier 3 restrictions.
Last week, England entered another period of lockdown which will last until at least 2 December.
In so many ways the global pandemic has made running an organisation or business so much harder during these past 10 months.
The monthly round-up from the Anthony Collins Solicitors charities team
The monthly round-up from the Anthony Collins Solicitors charities team.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
Recent Charity Commission inquiries and their implications for trustees, updates to guidance on volunteering and safeguarding and the steps you can take to prevent your charity falling victim to fraud
A pass-through agreement is and common way for academies to share the risks of participation in the Local Government Pension Scheme (LGPS) when outsourcing services.
Contractors and delivery partners are facing a ‘perfect storm’ in many cases with a number of factors directly impacting upon the profitability of their work.
Welcome to our charities monthly round-up for December 2022. In this edition we highlight the importance of philanthropy but equally knowing your donor, new measures coming into force for the right for flexible wor [...]
Brown v General Vending Services Ltd 2023 EAT 98 is both technical and practical in equal measures, no mean feat! Technically all roads lead to the definition of disability under the Equality Act 2010.
The decision in their favour set a precedent and extended the time period that an employee can bring a claim for equal pay compensation from six months to six years.
This year, as well as maintaining all previous rankings, the firm has climbed the rankings for their work in Construction (West Midlands), Charities (London), Court of Protection (London) and Local
With the announcement of the latest Legal 500 rankings, Anthony Collins Solicitors once again showcases leading individuals and next-generation lawyers across its sectors.
Jonathan Cox is the head of Anthony Collins Solicitors’ new Manchester office, leading on recruitment and expansion in the North West.
We are delighted to have maintained our position as a top-tier firm in four of our practice areas in the Legal 500.
Anthony Collins Solicitors has been reappointed for the third time to the East Midlands Lawshare (EMLS) Legal Framework.
We know that there are specific challenges facing staffing in this sector and so, using our sector-specific knowledge and experience, we have devised this webinar to assist as you navigate the issues.
The Government’s promised ‘devolution revolution’ is starting to take shape, with four agreements confirmed to date spanning Hull and East Yorkshire, Greater Lincolnshire, Lancashire and Devon and Torbay.
Social purpose law firm, Anthony Collins, has been awarded a new Band 1 ranking from Chambers and Partners as part of its 2025 legal rankings. The firm’s work under ‘Personal
In this joint webinar with LCP and Anthony Collins, we will explain what to expect from the SHPS valuation and provide a recommended action plan to assist you in preparing for the results.
When does it apply from? The calculation date for the applicable rate of pay for each pay reference period is the first day in the pay reference period. This means
The exemption enables a cost sharing group (CSG) to supply services to its members without charging each other VAT where five criteria are met: the CSG is an ‘independent group
However, the Act failed to define “serious harm” which has led to some uncertainty as to the threshold a Claimant must reach to prove that a statement is defamatory. The
Of course, the starting point should always be warning letters and discussions with the leaseholder to ensure they are aware of the terms of their lease and the allegations of
Local government functions — local authorities may only act where they have a power (they can act) or a duty (they must act) set out in legislation. Different forms of local
As a values-driven business ourselves, we understand the challenges of balancing the commercial realities of running a sustainable and profitable business while also achieving your social goals. So how can
This case concerned a charitable foundation in Norway, Stiftelsen Fossumkollektivet (SF). SF offers residential care for young people with drug and/or alcohol problems and has therapists living on site with the
Sport England has been responding to queries by asserting that it would be published ‘by the end of this month’ and it was. It arrived on Monday 31 October, and
Inspections HMRC appear to be continuing to carry out inspections in which they indicate that every hour of a sleep-in counts for National Minimum Wage (NMW) purposes (where HMRC believe
Background Social care providers may have seen a recent article in the Guardian entitled “Modern slavery: the next social care scandal?” in which they report that foreign nationals working in
1. Companies House – confirmation statement filing guidance Companies House has recently published guidance on the filing requirements for confirmation statements. This follows the requirement for every compa [...]
Given that Academy Funding Agreements oblige Academies and Multi Academy Trusts (MATs) to abide by the terms of the Handbook, new editions provide a key mechanism by which the Department
An internal guidance note to their compliance staff published on 5 February 2016, which HMRC have now disclosed, was in use until 9 March 2016 and states the following: “It
A consultation on the revised VFM Standard was issued last week, which will inform revisions on the Standard, which it is proposed will come into force from April 2018.
When contractors carry out works or services in a defective manner; the dilemma is how to recover remedial costs without throwing good money after bad?
The defendant worked for a charity which supports young people and their families. It was reported that the defendant had sent 11 emails from his work email account to his
This White Paper concentrates on three themes: getting the right homes built in the right places, speeding up house building, and diversifying the market. It welcomes the contributions of local
Click here for the guidance: Calculating the minimum wage The standard approach to sleep in shifts across the care sector is to pay a flat rate for a sleep in
The Secretary of State hailed the December 2015 announcement of a historic settlement for town halls, gushing about a new era of long-term financial certainty for councils and more resources
Over the past 30 years we have worked with local authorities, community groups, developers, housing associations and indeed the Government itself, often engaging in official programmes. Indeed two of the
The way in which organisations interact with social media is just one way an organisation needs to consider its approach to reputation management. Within minutes of an incident happening social
We are helping many providers try and argue that their staff are working unmeasured time and therefore that their arrangements on paying a flat fee for the shift are compliant
The requirements largely mirror those being imposed on the private sector, reported in our briefing in October 2016: Gender Pay Reporting is coming – are you ready?. However, they are
Decide if your marriage is really over or if you’re just coming to find out more. Would you benefit from going to Relate? How will you pay for the initial
The SME-supporting legislation in Part 4 of the Public Contracts Regulations 2015 incorporates the recommendations of Lord Young in his three reports for Government on improving SME success on winning
This was reflected within the Regulator’s consultation on the Regulatory Framework last May and in particular within the proposed new Governance and Financial Viability Standard (the “Standard”). The proposals contained
This has come to light through paperwork (the so-called “Panama Papers”) obtained from the offices of Panamanian law firm Mossack Fonseca the fourth biggest provider of offshore company and structure
Background of NEC contracts NEC contracts are endorsed by the UK Cabinet Office’s Construction Clients’ Board, are recognised as supporting good practice by its Facilities Management Board, and are supported
Those working in struggling neighbourhoods will continue to see the fall out from the squeeze on the welfare budget. The tightening of the benefit cap and the current and future
Devaluations Operating and development costs At its core social housing is an asset management and home building activity and therefore the cost of building materials is very important. Given that
1. Register of Persons with Significant Control (PSC Register) update UK Companies and LLPs have been required to prepare and maintain a PSC Register since 6 April 2016. The Fourth
The Guidance gives direction on property disposals for local authorities, alongside details of other government policies to support them to dispose of sites that could be made surplus. The Government
The focus of this response was their power to issue official warnings under the Charities Act to a charity trustee or a charity, where it considers there has been a
Expectations were low, so its hard to be surprised but yesterdays’ announcement of the Social Care Compliance Scheme will have left most providers with a new headache to consider in
The diamond: this is not just about seven metropolitan unitary councils getting together but the scope for expansion to, and development in, a wider area of local authorities currently
This can sometimes mean that they owe significant payments, either to workers themselves or to HMRC, for breach of national minimum wage or tax rules. They may also find that
Board members to repay sums out of own pocket? A recent report in Inside Housing suggested that the Board Members of Gallions Housing Association could be liable to pay back
Cabinet Office proposals for the implementation of the new EU procurement Directive The Directive will allow up to 2 years for the UK implementing Regulations to be put in place.
Commencement Order recently published means that from 13 May 2014 and onwards, the new riot related discretionary possession ground, changes to the existing ASB ground and various community remedies come
The results of the consultation are as follows: The Government will not now be removing the definition of service provision changes from within the scope of a TUPE transfer. Service
We think that some of the proposed changes are positive but careful attention will need to be paid to the detail of the wording as the current proposals seem to
They can however make mistakes and delay or increase the problem for the employee, resulting in damaging the productivity and efficiency of the organisation, or lowering the morale between colleagues.
We welcome the Labour Party’s commitment to doubling the size of the co-operative economy. We wholeheartedly support the ambition to grow this vitally important part of the economy.
The Charity Commission has produced guidance to help charities understand whether the changes to the rules regarding automatic disqualification will affect them and what they mean.
Organisations are increasingly becoming victims of criminal fraud and cyber attacks. It is essential that organisations, including charities, protect their assets, data and reputation.
We expect that it will take at least 8 weeks for the Supreme Court to decide whether to grant permission to appeal.
The GDPR and DPA 2018 have already been in force for nearly four months. Here we talk through some of the key learnings since May.
September marks the end of summer, the start of a new school year and the release of this quarter’s company secretary update.
The Charity Commission has recently published two pieces of updated guidance relating to safeguarding and serious incident reporting.
There has been a steady trickle, not quite a stream, of news as this new economy and its raft of rights are forged.
Following the decision in the Court of Appeal last summer, the Supreme Court has announced today, that Mencap’s leave to appeal this has been granted.
A recent case has confirmed that a professional appointment for construction will usually be a “construction contract” under the Construction Act.
Long running concerns over the future of Interserve – the largest public sector focused contractor and outsourcing firm – took a new twist on 15 March 2019.
A sizeable North Lincolnshire social housing provider has learnt the hard way that, whilst honesty is the best policy, it does not mean you’ll evade the consequences of your actions.
By early morning on 3 May, it was clear that there had been a huge change in the composition of many councils across the country.
Many local authorities have assessed that a trading subsidiary or trading structure could be beneficial as part of generating income or the service delivery matrix.
Our spotlight piece considers the role of a Senior Independent Director and sector best practice. We also explore recent developments in case law, regulatory and data protection updates, and more.
In the third part of our series on contract management pitfalls, we look at the risks and opportunities presented by instructing changes under construction contracts.
For decades now, fewer and fewer services provided by local authorities have been delivered directly by them. However, over the last couple of years, there are signs that this tide is changing.
Volunteers are often the bedrock of charitable organisations, but they are not protected from sexual harassment within those organisations.
Creating an inclusive and diverse workplace culture is no longer seen as “management speak” but rather as a necessity for success.
Final accounts may mark the end of the delivery phase, but risks remain that must be managed appropriately to avoid disputes.
It is important that trustees are aware of the law relating to people who are transgender and those who identify as non-binary so that they can ensure compliance.
Concerns by leading consultant urological surgeon of the failure and delays in the NHS diagnosing Cauda Equina Syndrome leading to devastating injuries for patients.
Community care disputes arise in many different circumstances, from social care to housing, education and NHS funding to welfare disputes.
The board of a housing services company was reportedly dismissed in December 2019 following the discovery of a variety of safety and hygiene issues in the properties they manage.
Liz Wyatt explains how using tools such as the CAFCASS Parenting Plan and OurFamilyWizard can make conversations around children easier when a relationship breaks down.
Late last night (26 March) the Ministry of Housing, Communities and Local Government (MHCLG) issued a guidance note regarding Court Service.
The Civil Courts have now released a list of their priorities for housing enforcement work.
During the Coronavirus outbreak, the health and safety of employees and members of the public are paramount.
There was some good news as the Chancellor unveiled a £750 million package for UK charities to support them through the next few months.
Procurement Policy Note (PPN) 05/20 announced the Government’s update of its “Outsourcing Playbook”.
In a comprehensive judgement, the High Court rejected a challenge by Stagecoach to the procurement of new franchises for the South Eastern, East Midlands and West Coast rail lines.
As the Government continues to relax social distancing requirements, many charities have found the easing of lockdown as difficult to manage as going into lockdown.
As the number of COVID-19 cases continues to decline in the UK, the nation’s attention is being increasingly focused on how we can recover and reform.
Six months after the first recorded case of COVID-19 in the UK, it is clear that charities, community organisations and volunteers have played a huge role in the UK’s response to the COVID-19 pandemic
Explanation of the similarities and the warning signs we need to be aware of in prescriptive SARs.
A key element of the Bill is the establishment of a duty holder regime and requirement to maintain the ‘golden thread of information’ throughout the life cycle of high-risk residential buildings
While Christmas is looking a little different and we may be feeling less festive than we normally would, it is still a good time to reflect on what we have overcome this year.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO [...]
From April, we are expecting increases to the National Minimum Wage, Statutory Redundancy Pay, Statutory Family-Related Pay and Statutory Sick Pay.
A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
EOTs have been aggressively marketed as a tax-free share sale, but that should not deter practitioners from raising EOTs.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The Government has brought forward draft laws to allow independent schools to close the Teacher’s Pension Scheme to new joiners but to allow existing members to continue.
This month we discuss the Charity Commission’s latest news bulletin, details required by Companies House, prize and sales limits for society lotteries and the public benefit requirement for charities.
Keeping up to date with regulatory and prosecution trends can help to give organisations a better understanding of regulators’ priorities.
Are you one of the 96% of businesses in a recent survey which is focusing on undertaking EDI training over the next 12 months?
The increase in the National Minimum Wage (NMW), which took effect on 1 April 2024, is having a disproportionate effect on care homes and other adult social care service providers.
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
The report is covered across the media, links to which can be found at the bottom of this page. It should be noted, compensation payments are designed to put the injured
A bigger role for customer owned business (building societies, credit unions, co-operatives and mutual insurers) to increase corporate diversity and customer choice; More employee ownership to share the rewards
The new Care Bill for England is currently going through the House of Lords. It is a broad ranging piece of legislation, which reforms a number of important areas of
The claim has been settled out of court, without any admission of liability, after ACS sued the hospital trust on behalf of a client referred to as Mrs C. Northampton
It was this problem that Sarah Greenhalgh and Julie McGuigan from Anthony Collins Solicitors, together with other young professionals from Birmingham, decided to tackle and from this has arisen –
The Birmingham-based firm achieved improved rankings across seven of the specialist sectors it works in including Private Client (Band 2) Real Estate Litigation (Band 3) and Intellectual Property (Band 3).
Our Housing team are delighted following a formal tender procurement process to have been appointed to three lots under the new multi-million-pound legal services framework for The Riverside Group.
Dominic Curran becomes head of charities at Anthony Collins Solicitors.
Anthony Collins Solicitors’ Social Housing practice are celebrating securing a place on One Manchester’s legal panel.
Anthony Collins Solicitors is pleased to announce its appointment to the UK Government’s Crown Commercial Service (CCS) new £320m wider public sector legal services panel.
Anthony Collins Solicitors first Social Impact Report attributes 91% of its 2017/18 work to directly improving lives, communities and society.
We’re delighted to announce that we have once again been ranked fourth in the list of the top legal advisers by number of charity clients in the Top 3000 Charities 2019 directory.
In the latest Legal 500 rankings (26 September 2019), Anthony Collins Solicitors has added Local Government to its Tier 1 rankings in the West Midlands.
To celebrate International Women’s Day 2020, we are reflecting on the work that we, and our clients, have done that supports women.
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Nine in ten UK businesses are on the journey to becoming more ethical as a result of growing pressure to operate in a way that benefits society, according to a new poll released today.
We’re delighted to announce that we have been ranked in the top five national legal advisers in the Top 3000 Charities 2021 directory.
Birmingham-based Anthony Collins Solicitors (ACS) has announced a raft of new promotions, including appointing three new partners.
Anthony Collins Solicitors are delighted to announce that they have been ranked as a Band 1 firm in Chambers and Partners 2022.
Matt Wort, partner and head of the health and social care team at Anthony Collins Solicitors (ACS), a national law firm with offices in Birmingham and Manchester, has been named as one of the The Lawy
Anthony Collins Solicitors (ACS) has today (16 February 2022) released its fourth Social Impact Report, revealing the scale and impact of its social-purpose-driven legal work.
Anthony Collins Solicitors (ACS) has picked up Paralegal of the Year after being shortlisted for four categories at the Birmingham Law Society Awards.
Anthony Collins Solicitors are delighted to announce that they have been ranked as a Band 1 firm in Chambers and Partners 2023 within Clinical Negligence: Mainly Claimant (Midlands), Family/Matrimonial (Birmingham [...]
Anthony Collins Solicitors (ACS) has announced the appointment of two new legal directors with over 20 years of experience between them at the sector specialist national law firm.
The Department for Education is reviewing its policy on approval of pass-through arrangements in the Local Government Pension Scheme
The 2014 Directive spells it out, though, in just its second Recital: “Public procurement plays a key role in the Europe 2020 strategy… as one of the market-based instruments to
Welcome to our charities monthly round-up for August 2022 where we talk about new changes being introduced with the new Charities Act 2022 and some charities whose financial processes and governance have found them [...]
In February 2023 Michael Gove announced that mandatory qualifications would be introduced for senior social housing managers and executives. The Social Housing (Regulation) Act 2023 introducing this received royal [...]
Anthony Collins announce Band 1 firm rankings in the Chambers UK 2024 Guide.
19 promotions and appointments have been announced including two partners, two legal directors, two senior associates and four associates, as well as a number of appointments within the central management
(You can read the last e-briefing here) On 7 June, the Charity Commission published updated fundraising guidance, CC20. So what is new? A change in emphasis The new guidance was
What is the right to rent? Essentially this ensures all people who let properties have the right to live in the UK. Landlords should only allow people to live in their
Known as Testamentary Freedom, a person making their will (a testator) can decide to make provision and leave gifts to family, friends and/or charity on their death – and also
Despite allegations of aged old paternalism, courts are increasingly turning to empowerment of the litigants to reach an agreement themselves, reducing the need for costly and time-consuming final hearings. In
Key terms to be familiar with: ‘Acute care’ – short-term treatment for a severe injury or episode of illness, an urgent medical condition or recovery from surgery. ‘Better care fund’
Two areas that are included in these needs are social infrastructure: Housing; and Schools. There is no doubt that we are expecting some announcements on housing in the Autumn Statement,
In Județul Neamț and Județul Bacău v Ministerul Dezvoltării Regionale și Administrației Publice, Cases C260 and 261/14 the ECJ upheld a 5% clawback of ERDF grants from two local authorities.
However, it fairly quickly became apparent that for the almshouse charities which are also Registered Providers (and, therefore, regulated by the Homes and Communities Agency) there were a number of
Many LSVT Registered Providers (“RPs”) have come of age – or will soon be coming of age -after delivering their offer document promises. This provides RPs with the perfect platform
Whilst a patient may be offered an appointment with either a ‘Consultant Podiatric Surgeon’ or a ‘Consultant Orthopaedic Surgeon’, the meaning behind a title can be misleading. Patients offered an
A failure to do just this has now led to a successful challenge to the Greater Glasgow Health Board in Johnson & Johnson v Greater Glasgow Health Board CSOH
The introduction of charitable incorporated organisations (“CIO”) in 2013 gave those wishing to set up as a charity a new form of legal structure, unhindered by the often complex requirements
It leads to the prospect of defended arrears possession claims and counterclaims for alleged overpayments. The facts of the case and its impact is reviewed below: 1. What were the
This is one area where the Crown Commercial Service guidance is correct. As that guidance says, “Where a contracting authority is satisfied that it is lawful not to advertise an
Pre-election the HA RTB was included in the list of promises that would be turned into action within the first 100 days. If the Conservatives were anticipating a minority Government they
The response has been published and the Government considers that the draft Consolidated Regulations correctly reflect the Government’s intended policy and recent case law relating to sleep-in time and will
Value for money — RPs are required to demonstrate compliance with the regulatory standards, under which they are required to “understand the costs and outcomes of delivering specific services and which
Charities operate in an environment of trust and this trust can easily be exploited at the expense of charity assets if trustees do not ensure that they take adequate fraud
The announcement follows the statement by Alan Cameron, Vice President of clinical quality at the Royal College of Obstetricians and Guidance at the Royal College of Midwives conference in Telford
These are an extension of the “duty of candour” guidelines introduced for the NHS and private healthcare organisations. Previously the duty to tell a patient when a mistake had been
The mood from colleagues in the community sector was sombre. Afzal Hussain, Chief Officer of Witton Lodge Community Association, reported that his organisation has seen footfall into their local centre rise
Current Test In order for a Will to be valid the testator must have the necessary mental capacity to make the will. It is important to be clear though, that
You can read Sheree’s interview here. For further information If you would like support regarding mental health or Court of Protection, please contact Sheree Green. This article was first published on
All of the appeals related to the interpretation of the Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013 regulation B13, which clarifies the circumstances where a claimant
If you are a charity registered with the Charity Commission then each year, depending on your income and/or the type of charity you are, you will be required to file
The passing of the Welfare Reform and Work Bill and the coming into force of the rent reduction rules on 1st April is far more significant. But what there was
Given our in-depth sector knowledge and 35 years of experience in advising on the right to buy, ACS has taken the opportunity to make written submissions to the Committee. A
A proposal to raise the County Court and PCOL court fees for any claim for possession of land by £75 each is out for consultation. The Government estimates this will
NICE is now advising home care services to prioritise older people’s unique needs so that they can be treated with dignity. You can see the full guidance here. The new
Charities can only act within their objects and powers — charities are always set up to achieve specific objectives (such as advancement of religion, relief of poverty, etc.) and must act
This is becoming more common as charities are called upon to do activities and services that may have been previously filled by, for example, local authorities. Charities are expected to adapt
Aside from the obvious limitations of asking only 1,000 people and the phrasing of the questions, are they right? Or is there a broader learning point about office costs wherever
1. Spring clean your constitution! The 2015 NHF model rules focus on updating the 2011 version to reflect recent changes in law and regulation, as well as making the rules more
But that is exactly where we are, with the Chancellor of the Exchequer, George Osborne, announcing the Government’s plan for a new City Devolution Bill in a speech delivered in
This quarter the key highlights are: 1. The Co-operative and Community Benefit Societies Act 2014 The Act came into force on 1 August, consolidating and generally updating industrial and provident society
As you will be aware, RPs are currently in the middle of a four-year regime of annual rent decreases through the Welfare Reform and Work Act 2016 (the “2016 Act”).
In the context of society at large, the law continues to be a relatively conservative entity that is not always entirely at ease with the more recently recognised family set
The World Day of Remembrance for Road Traffic Victims is a day dedicated to remembering the millions of people killed and injured on the roads across the world. It also
All full members are members under Company Law. We have twelve branches. Each branch elects one of their members to be on the board of the national charity. One branch
This is the first substantial guidance that has been produced in respect of this fundamental shift in how the United Kingdom is to process recyclables in accordance with EU Law
The Fraud Act added section 15A into the Housing Act 1988, which states that if an assured tenant “sub-lets” or “parts with possession of the dwelling-house”, the “tenancy ceases to
Can anyone and everyone vote? What about people with learning disabilities, or a brain injury, or a diagnosis of dementia? Does their reduced mental capacity affect their right to vote?
Prior to the summer of 2016, we have been involved in a number of inspections where HMRC had concluded that it was only the time spent awake and working during
Many charities choose to operate as charitable companies limited by guarantee, or they may have a separate trading company. Under the amended company name regulations, it is now easier to
The likely long term consequences of the ONS decision to classify housing associations as part of the “public sector” are, as we have said in our recent e-briefing, not going
This article was first published on Lexis®PSL Personal Injury on 24 February 2015. Community Rights programme has too many obstacles for local people, says CLGC report, LNB News 03/02/2015 127
The Directions have been introduced following Government consultation. The Government has introduced new Directions that cap the amount social housing landlords in England can recover through service charges for the
Domiciliary care providers will need to consider making a referral to the relevant local authority, where they provide services to a private paying individual who may be deprived of their
By which, George Osborne indicated on Wednesday that there would be no surprising shift in policy away from the wintry predictions trailed in advance. And – a sugar tax on
Key proposals in the consultation, which can be found here (see A-Z of projects > Charity Law), include:- simplifying the process for a Royal Charter charity wishing to amend its governing
Statutory regulation of tenancy deposits was introduced in April 2007 under the Housing Act 2004 (“the Act”). s.213 of the Act placed an obligation on landlords to pay their tenant’s
Whilst women make up 13% of the construction workforce, only 1% of manual trade workers are women.
Mental health is in the news! It’s great that we are finally talking about a health issue that society often perceives as a sensitive subject. This week the Mental Health
Hello to all. It is as ever a busy week for Local Government, and therefore for local authority lawyers. Those involved in the forthcoming Referendum are by all accounts incredibly
As a legal support partner of CBIT in the Midlands, members of staff at ACS organised activities throughout the day including samosa sales and cake sales. They were also challenged
This is the first of our two part segment, where we’re taking the opportunity to outline some of the benefits and to dispel some of the myths. Making a lasting
The timing of the Medical Protection Society survey (click here to see the MPS article) coincides with ‘Black Wednesday’ – the day when newly qualified doctors start on hospital wards.
In R (on the application of DA) and Others v SSWP EWHC 1446 (Admin), a challenge was raised by a number of claimants who were (or would be) affected
In the absence of adultery or long periods of separation, those who want to end their marriage need to detail allegations of unreasonable behaviour on the part of their spouse.
In regards to mitigating inheritance tax in particular, the Inheritance Tax Act 1984 contains some really clear (and straightforward) tax planning opportunities and tax exemptions. Making full use of these
The new Persons of Significant Control (PSC) Register will also need to be filed at Companies House along with the confirmation statement – for more information on how to prepare
The details are: In possession claims, the issue fee increases from £280 to £355. For possession claims online through PCOL, the issue fee increases from £250 to £325. The fee
Facts of the case – The County Court Mr Werrett, the tenant and Defendant in possession proceedings, had suffered brain damage as a child. In January 2014 Mr Werrett admitted
A new Tribunal decision was published in December 2017 that found that a local authority must assess whether a bedroom can physically fit the number of expected children to sleep in it as a bedroom.
The decision of the European Court in LitSpecMet has confirmed our long-held view and the Opinion of the Advocate General in that case. This is that where a parent contracting
On page 68 of the report is a table which sets out which regulations were breached when enforcement action was taken. The table shows that failures in governance were the most
As state funding reduces, and communities look to take responsibility themselves, there are places in many communities that are of particular importance to the local people. They may be facing closure
Our New Year e-briefing detailed the new EU procurement tendering thresholds with effect from 1 January 2016. However, there was one missing. This particular threshold was overlooked by both the
The Supreme Court decision in Cheshire West and Chester Council v P (2014) UKSC 19, (2014) MHLO 16 redefined the test to be applied when deciding whether or not a
To assist with practical partnerships a Memorandum of Understanding (“MoU”) has been published “to support joint action on improving health through the home”. A copy of the MoU can be
The Opinion covers the question whether a subsidiary that is entitled to provide works, services or supplies to its parent without the need for an EU tender process (1) has
Across all UK ambulance trusts 66.5% arrived at ‘Category A Red 1’ calls within 8 minutes. This is below the target of 75% and means that one third of patients
Now is the time to review procedures re the necessary pre-action steps that need to be taken prior to issuing possession proceedings. A new prescribed form for Notices Seeking Possession
The Social Housing Rents (Exceptions & Miscellaneous Provisions) (Amendment) Regulations 2017 The Social Housing Rents (Exceptions & Miscellaneous Provisions) Regulations 2016 have been amended by the intro [...]
We are delighted that our team was recognised as a national and an international leader for the work we undertake in supporting and advising vulnerable individuals and their families, with
The Communities and Local Government Committee is going to examine whether the funding available for adult social care is sufficient for local authorities to fulfil their statutory obligations to assess
Introduction This article looks at some of the main issues in relation to the issue of bonds whether by way of a public own name bond issue or privately placed
September 2014 New rules on political campaigning have been brought in under the Lobbying Act, and now further guidance from the Electoral Commission has been published (see links below) as
Carillion’s liquidation – immediate steps to take It is too early to know how this will all play out. In the meantime, many of our clients will have concerns from
These increases, which would have come into effect sometime in May, would see the fees increase to the following: The Ministry of Justice has said that there is not enough time
Fundamentally, it’s an economy operating for the common good, rather than for private benefit. People might previously have thought that that’s what we already had, though recent events have made
Covered initially in our article of 29 July. In the case at hand, Mrs Jackson had chosen to leave her estate between a number of charities, including the
This quarter the key highlights are: 1. HCA outcome of consultation on new Regulatory Framework Just as we were all breaking our new year’s resolutions the HCA delivered on theirs!
Under the Home Loss Payments (Prescribed Amounts) (England) Regulations 2014, where something meets the qualifying conditions for a home loss payment, the new amounts will be: For those who are
In 2010, the NHS set the goal of “parity of esteem” between mental and physical health services. There has been little obvious progress towards this goal. In fact, in June
The deregulatory package, which we understand is designed to encourage the ONS to reverse its decision of September 2015 to classify housing associations as public bodies, includes: Removing the constitutional [...]
A country that lives within its means: Spending Review 2015, published on 21st July, presents some hints as to what the government is expecting its departments, and others in the
R (on the application of MT) v Oxford City Council The Claimant (“MT”) had a mental disability that meant he was unable to manage his property and financial affairs. MT had
As family solicitors we see many cases such as these and some which boil over into legal disputes and court proceedings. Although in court proceedings a court appointed professional called
The legislation governing the creation of wills is 180 years old this year, and, surprisingly, much of it does remain useful and applicable. However, there have been significant changes over
Kadie Bennett, Solicitor, explores the potential pitfalls of inheritance upon the death of a parent where a parental order is not obtained following the birth of a child via a surrogacy arrangement,
Section 17 of the Local Government Act 1988 has made that clear for many years. It prohibits the taking into account of non-commercial considerations in procurement decisions, including considerations relating
There are additional powers for CPO making authorities to enter on and survey land. Most organisations making housing and planning CPOs (which are the kind housing associations are likely to
As we explore the signs of a new economy, I’m reminded that co-operation in the UK has always been about communities of people coming together to support one another to
So, a cartoonist may reference a well-known artwork or illustration for a caricature; an artist could use fragments of various films to compose a larger pastiche artwork –
The Care Act 2014 (the Act) is the single most important piece of law effecting social care in over 60 years and much of the Act, as well as related
ISAs From 3 December 2014, a surviving spouse can inherit their deceased partner’s ISA investments and continue to benefit from their tax-free element. In addition, from 6 April 2015, the ISA allowances
Sadly, there are numerous cases reported in the press of people using their position as an appointed financial attorney to rob elderly relatives or neighbours, but does this mean that
It is, therefore, important to understand your negotiating position as fully as possible when entering into a dialogue with a local authority or health body. The following may seem obvious
For all private landlords (including housing associations but excluding local authorities) – there is help in Part 3 to tackle abandoned premises potentially without court proceedings. Landlords can end an
It can be done from the bottom up, as new businesses are set up; and it can emerge through transformation of existing private businesses, many of which already recognise the
“To secure for the workers by hand or by brain the full fruits of their industry and the most equitable distribution thereof that may be possible upon the basis of
The Air Ambulance Service runs two local air ambulances services, serving a total of five counties – Warwickshire, Northamptonshire, Derbyshire, Leicestershire and Rutland – and the Children’s Air Ambul [...]
If the pledge finds its way into policy and legislation in the new Government it does raise the question though of “what if?” For all Housing Associations Seemingly associations will
Recent research by the BBC found that 1 in 8 patients experience delays in handover by ambulance crews on arrival to hospital, with many patients then waiting in corridors or
As you will remember charities promoting sport and physical activity must comply with the Code to be eligible for Sport England funding. We covered this in our e-briefing late last
The testatrix, Mrs. Coulter, was domiciled in Jersey and died there. Her estate, at the date of her death, included assets in the United Kingdom with a probate value of
This clever trading arrangement only worked because of another less well-known feature: the funding of the business by members. Co-operative retailing could not start until impoverished individuals had saved sufficient
A local authority must put an asset on the list as being of community value if: there has been a valid nomination; the site is in the Council’s area; there
Naturally, everyone is horrified and concerned about the tragic events surrounding the Grenfell Tower fire. In light of the recent event, the CQC itself will be scrutinised and will be
I lead the court of protection team, which specialises in property and finance, and health and welfare court of protection work, as well as mental health. Our clients are privately and [...]
It was originally expected that the final regulations would be published this summer and come into force on 1 October 2016. However, the GEO now envisages that the regulations will
The provisions caused great controversy in the last stages of debating the Bill before it was enacted, and particular provisions have now been included in relation to the potential for
Court Fees Back in January 2015 we outlined the Government’s plan to increase fees at the County Court. The MoJ has now published the Government’s Response to the
This quarter the key highlights are: 1. Charity Commission announces changes to the annual return The changes will apply from the 2015 financial year end and will include three new
When a person dies, the Government not only levies inheritance tax based on the value of the deceased’s assets, but also a separate fee which is known as a “probate court
In response to the coming into force of these “asset freedoms”, the HCA has issued a consultation on an amendment to the Tenant Involvement and Empowerment Standard (TIE Standard). The
What does it mean? The Secretary of State (“SoS”), under regulations following the HPA16, has the power to make ‘grants’ to housing associations in respect of right-to-buy discounts. This is
The Act largely consolidates existing legislation relating to industrial and provident societies (‘IPSs’), which is currently contained within a number of dusty pieces of primary and secondary legislation. Despite this,
We have received instructions from a number of RPs who have tower blocks that have failed the tests undertaken by the Building Research Establishment (BRE) for the Department for Communities
PC Briggs was left in a minimally conscious state as a result of the serious, permanent brain damage he suffered as the victim of a road traffic accident. In a
1. Overview Whilst the Housing White Paper provides a welcome shift in emphasis, away from solely focussing on home ownership, it is not as radical as expected and sometimes reads
Traditionally, a parent wishing to relocate to another part of the country could usually do so, unless “exceptional circumstances” existed. Where a parent wanted to relocate abroad, the consideration was
Once again it’s time for “rebasing” of the EU public procurement thresholds to the euro figures in the EU Procurement Directive. This happens every two years, and this time the thresholds have gone up.
You would hope that anyone looking after the financial affairs of a friend or relative, or indeed, making any decision on behalf of another, would be motivated to make a
The report follows a detailed analysis of all stillbirths, neonatal deaths and brain injuries sustained during childbirth across the UK in 2015, tragically 1,136 babies. The analysis found that with
It is not hard to see why. The relevant property regime for trust taxation is seen as restrictive. It limits what can be settled on trust without attracting an inheritance
Those providers who have sought to challenge Care Quality Commission (CQC) will have quickly come to realise that very little protection is given against such unfair judgements and whilst CQC
A key point about starter homes is that the sections will only be brought into force by regulation, so there is no “starter” (sic) date. After much debate, the Government
CLA members in the Midlands were able to participate in the meeting from our office in central Birmingham. The collegiate spirit of charity law was very much in evidence as
A country that lives within its means: Spending Review 2015 presents some hints as to what the government is expecting its departments, and others in the wider public
As you will be aware the Form N5B is the claim form used for accelerated possession proceedings following service of a Section 21 notice seeking possession (in respect of an
Sparked by the exponential growth in developers selling houses on a leasehold basis, with rapidly rising ground rents, the paper poses a variety of questions to respondents on how to
The CMA recognises that the sector “performs a vital public service that benefits many people” and the good news is that overall (despite public awareness of malpractice) residents and relatives
The Housing and Planning Act 2016 (Commencement No. 4 and Transitional Provisions) Regulations 2017 A number of other provisions in the Act will come into force with effect from tomorrow,
What the case says The case helpfully does confirm that costs incurred under contracts called-off from a framework agreement are incurred “under” that framework agreement (and not just “under the
Health and Social Care: Matthew Wort provides some key questions about your readiness to provide new solutions in a changing social care environment and how to provide a public service to be pro [...]
Key points to note are: Reducing regulation The Bill contains reference to reducing regulatory control over private registered providers of social housing (“HAs”) and their affairs (although it only delegates
However, sometimes epilepsy medication can cause harm to the patient or even their unborn child. This is particularly the case with Sodium Valproate, which goes by the brand names Epilim
On 21 July 2014, the maximum discount amount for properties bought under the right to buy and preserved right to buy increased. The legislation that brought about the change also
The report sets out the findings of the detailed research undertaken to better assess key aspects of the VRTB, such as profiling of tenants and stock, and the level of
Two defining elements in her life were her dietary requirements; she had coeliac disease and required a gluten-free diet, and she was extremely fond of dogs – her own dog
New Regulations, the Home Loss Payments (Prescribed Amounts) (England) Regulations 2015, have been passed so that for displacements occurring on or after 1 October 2015 the home loss payment due:
Previously, you only needed to notify Companies House of any changes to PSCs in the company’s annual confirmation statement (formerly known as the annual return). However, from 26 June 2017,
For as many local authority vehicles that exist, there are reasons for creating them, and more. There are, though, some trends that develop: Legal compliance – where a local authority
At a time of continuing reductions in central funding and radical reassessments of how services are financed and delivered, planning for and acting on contract management and contract review has
The fundraising scandals of summer 2015 and the closure of Kids Company focused attention on the importance of good governance. At the start of this year Sarah Atkinson of the
They say that the consultation document should be welcomed. Having listened to serious concerns about some aspects of the previous draft guidance, the FCA sets out sensible new proposals about
The firm acted for Hartlebury Castle Preservation Trust in its negotiation and purchase from the Church Commissioners of Hartlebury Castle and its 43 acres of parkland for £2.272 million. As
Our approach We believe that every person should be: Treated as an individual; Empowered and supported to make their own decisions about their life; and Free from undue pressure or
Our expert panel gathered to discuss the possible opportunities the deregulatory measures offer, together with the likely hurdles. It included: Jonathan Cox – Partner and housing sector lead Ranjit Basse [...]
Policies The area associations need to focus on now is developing their policies (on discretion and sales). In its guidance the NHF has provided a list of policy areas to
Housing and Planning Act 2016 receives Royal Assent 12th May 2016 Ending an extended “ping pong” session between the House of Commons and the House of Lords, Lord Kerslake revoked
You can read it here. If you read nothing else, it is worth taking a look at section 3 – The role of trustees: governance. Or for the digested read: ‘Last
For example: How far are your staff already identifying how service user needs individually and collectively are going to change and develop over the coming years? How are the packages
In Ahern v Southern Housing Group Ltd EWCA Civ 1934, Mr Ahern had opposed Southern HG’s claim for possession against him on ‘public law’ grounds – by arguing that
You can read the paper here. It is drafted on the basis of a “no deal” approach and assumes no access to European procurement markets for UK contractors. This clearly
Readers will know that any housing provider with cladding consisting of aluminium composite panels has been required to submit a sample of cladding to DCLG for testing. Not one sample has yet fully passed the tests [...]
As many have now been in place for a few years, we would advise that consideration is given to a review of the structures which are in place. Such a
The Charities (Protection and Social Investment) Act 2016 gives the Charity Commission the power to issue official warnings to a charity trustee or a charity where it considers there has
the proportion of invoices (but only those payable to the contracting authority’s direct contractors) that were paid within 30 days (based on numbers of invoices, rather than their value); interest
It covers a wide range of topics including charity mergers and incorporations, charity insolvency, the powers of the Charity Commission and the Charity Tribunal, the process for disposing of charity land,
These are: – Don’t forget:- The Government has announced plans to change minimum eligibility period from five years public sector tenancy to three. This requires a change to the law.
Muslim led charities make a significant contribution to relief and development efforts worldwide, with British Muslims donating over in excess of £100 million in the month of Ramadan in recent
The NHS has historically been under a lot of pressure, and that pressure is increasing for several reasons. These include economic, social and political pressures. The NHS was launched in
Why NEC? NEC standard forms of contract are increasingly being used for central and local government contracts. This is instead of other standard forms, typically JCT (for works and maintenance
So what are those nuts and bolts? We highlight some key issues for charity trustees below. Understanding your Governing Document, Duties and Responsibilities It is still the case that many
The light-touch regime in brief The new regime applies where commissioners have a requirement for over £625,050 of health or social services. This will probably catch most frameworks and contracts for
This award, presented at a gala dinner on 15th July, recognises the enormous efforts Nazan has made to improve road safety since her teenage daughter, Hope, died after being knocked over
Building on the previous focus on quality and governance, the CQC has made a clear statement that the question of whether a care provider is “well-led” now extends beyond the
1. Review your standard documentation Standard Forms of Contract You will hopefully be aware of the changes that were published for some forms in 2016, so you should review your
This “independence” tension can be caused by different personalities, misunderstandings or a lack of constant or consistent communication, particularly about the authority’s expectations. Strangely, this tension al [...]
Crown Commercial Service (“CCS”) Public Procurement Action Note (“PPN”) 07/16 says that: “Contracting authorities must ensure that any procurement opportunities and contract awards above certain low value thr [...]
What do we need to do now? The legislation imposes obligations on the company that is required to maintain a PSC Register, rather than on any person or entity that
Those involved explored questions including: Can art be a positive influence on interfaith dialogue? How can art create new spaces for conversations between people of different faiths? How can an
Last year Assemble, an architecture collective, and Granby 4 Streets Community Land Trust, a client that we had worked with on the transfer of properties from Liverpool City Council, won
There is no doubt that the new Regulatory Framework places greater responsibility on boards, expecting them to think strategically and to scrutinise the RP’s performance, compliance with standards and adherence
Following the changes to the right to buy (and applicable to the preserved right to buy) on 21 July 2014), the following increase to the maximum discount has taken place:
The ‘Teckal test’ was best summarised as a two part test: the ‘control test’: the parent must exercise over the subsidiary a control that is equivalent to the control it
I am looking forward to the next piece it runs on “Category management: a simple guide for our readers”. And so it was that the Department for Environment, Food and
These regulations are part of a suite of measures introduced over the last 12 months to reverse the Office of National Statistics’ decision to reclassify housing associations as ‘public non-financial
The complaint The individual (Ms C) was placed in residential care before the Care Act 2014 came into force, and her relatives agreed to pay a £50 weekly top-up fee
All individuals are presumed to have the mental capacity to make their own decisions unless proved otherwise. An assessment of capacity is matter specific, with reference to the Mental Capacity
In brief, Mrs Jackson and her only child, Mrs Ilott, had been estranged since Mrs Ilott moved out of their home in 1978, aged 17. Mrs Jackson had raised Mrs
Whilst not all RPs are charitable, given the nature of the activities they undertake, alongside the significant tax advantages of charitable status, the majority are. This may be in the
Our ebriefing, dated 7 March and available here, gave an indication of the changes in the new forms. There is no need to move immediately to the NEC4, and the third-edition is
Section 21 (7) of the Act states that: “In deciding whether to grant an injunction under section 1, a court may take account of conduct occurring up to six months
Following a judicial review, the Regulations state that waste collection authorities (and others which collect waste paper, metals, plastic and/or glass) must do so by way of separate collection. This
The measures that will be introduced represent a turning point in government policy, challenging the orthodoxy that has existed for the last 30 years. In this article I give personal comment
Facts of the case Mr Akerman-Livingstone (“Mr AL”) suffered from severe mental health problems. In 2010 Mr AL was homeless and applied for housing. While his application was considered by
On 17th October, the consultation closed on the draft Public Contracts Regulations 2015. As with all of the Cabinet Office consultations, we responded to this consultation. In our response, we
Below is a series of questions and answers to assist with the new Pre-Action Protocol (“the Protocol”) and are primarily aimed at creditors. 1. When does it come into force?
Everyone will be aware of the awful events in France over the last few weeks including the murder of a Catholic priest this week as he led his congregation. It
Those developed by RPs sit easily alongside schemes established by private developers, with both types of scheme undoubtedly addressing a key need within communities and providing a real choice of
A Judge had not erred in making a possession order against a tenant because of her son’s repeated acts of nuisance. The tenant’s teenage son had exhibited anti-social behaviour in
The 2015 Regulations introduce a new definition of ‘procurement documents’ which replaces and extends a similar term in the previous 2006 Regulations. This means “any document produced or referred to
If a periodic tenant dies without leaving a will, the correct process for bringing the tenancy to an end is to serve a Notice to Quit (NTQ) at the property
What is it? FAC-1 is short for the “Framework Alliance Contract” which was published by the Association of Consultant Architects (“ACA”), and fuses a traditional framework agreement with an alliancing
A concession is a contract which gives a concessionaire (contractor) the right to exploit a particular work or service with or without a payment. For example, in the leisure sector,
Underpinning it all are the “Treaty of Rome” fundamental principles of transparency, equal treatment and non-discrimination, proportionality and mutual recognition. These principles underscore all the detail now de [...]
IDAs will assess an RP’s quality of governance, assessment of risk and its risk mitigation strategies. It is not yet clear whether value for money will feature as part of
It is a great concern of successive governments that small and medium-sized businesses are the engine of the UK economy but not enough grow to the next level. And so
The week was founded by Remember a Charity, a group of 190 charitable organisations whose mission it is to encourage the public to leave a gift to charity in their
Under section 1 of the Housing Act 1988, an assured tenant is required to “occupy the dwelling-house as his only or principal home.” At first glance, the assumption would be
There have been three recent cases where the Courts have had to determine disputes about the validity of break notices. Case 1 In Riverside Park Limited v NHS Property Services
I wrote a short piece after the Scottish independence referendum in which I made the case for “A United Kingdom Act” to describe what binds us together. In the Prime
The latest Report takes a probing look at the unconventional practices of Kids Company in an effort to draw out lessons for trustees, the Charity Commission and Government. In this article, we
The CDM 2015 will apply to construction projects starting after 6 April 2015. For projects that have already started at this date, there are transitional arrangements which we summarise below.
Personal Injury analysis: Sheree Green, a senior associate at Anthony Collins Solicitors, says the Court of Appeal’s decision in Briggs means that, going forward, where the central issue to be determined
The recent case of Cardiff CC -v- Lee (see our ebriefing here) has left landlords needing to apply to the Court for permission to issue a warrant of possession where
Put simply, it would empower the Secretary of State to make regulations that sweep away a transferring local authority’s so-called “golden share” in, and nomination rights to the boards of,
In recent years the Probate Court Fee has been a flat fee of £155 if a solicitor submits the papers for every estate worth over £5,000 with 50p payable for
Of course this year is very different with organisations having to apply rent decreases for social housing tenants (even though we are still waiting for the Welfare Reform and Work
Pressetext confirmed that to change a contract in a material way was to defeat the purpose of the original competition to such an extent that, if a challenge were received,
Following a consultation by the Department for Communities and Local Government (DCLG) and the Homes and Communities Agency (HCA) on the streamlining of shared ownership resales, the following policy changes
The much trailed proposed changes to Category 6 (on-lending) were in the end not as extensive as anticipated: RPs can on-lend to group members fundamentally, as before, except if the
The leading case in disability discrimination cases is Ackerman-Livingstone v Aster Communities Ltd where, in brief, the Supreme Court found that in most cases, where the defence is raised,
The second pilot The questions you should be asking yourself are: What does this mean? What should I be thinking about if I want to take part? Is the main
Other than that, things start to become less certain. There is an effect upon the economy, but we don’t know what that will be in the longer term. There will
However, the provisions surrounding social housing rents are in force and further regulations have been drafted in the Social Housing Rents (Exceptions and Miscellaneous Provisions) Regulations 2016 (the “Regu [...]
The 2015 Regulations have more to say about subcontracting, in particular by: requiring purchasers to obtain and record more about the subcontractors used by a successful contractor to whom
The latest sweep, alongside the publication of the new Regulatory Framework, is likely to make all registered providers shift in their seats and look at their governance arrangements with a
The Supreme Court considered the circumstances of P and Q (previously known as MIG and MEG), and P. MIG and MEG were young women, sisters with learning difficulties, who had
The Supreme Court considered the circumstances of P and Q (previously known as MIG and MEG), and P. MIG and MEG were young women, sisters with learning difficulties, who had