Viewing: Legal Updates
BWB regular legal updates, newsletters and bulletins
One of the most talked about Conservative policies since the election is the proposed repeal of the Human Rights Act and its replacement with a British Bill of Rights and Responsibilities. This is not a comment about the rights and wrongs of that policy, or the constitutional mechanics behind it, but about the impact of this proposed change on employment law.
At the DSC/BWB conference last week, BWB Partner Rosamund McCarthy chaired a plenary discussion about the priorities of the Charity Commission. See today’s briefing for details.
The BWB Briefing takes a half-term break next week and returns the week beginning 1 June.
The latest edition of BWB's Charity and Social Enterprise update covers the latest developments at the Charity Commission, the draft Protection of Charities Bill, the consequences for charities of the Consumer Rights Act 2015, the stance of HMRC on tax breaks for overseas charities, and much more.
This briefing covers the period from Monday 27 April to Friday 8 May.
The BWB/DSC Charity Law Conference is taking place tomorrow, 14 May. There are still places available if you would like to attend, please click here to book.
Following last week’s general election, Michael Gove, the former Education Secretary, has been appointed Secretary of State for Justice and Lord Chancellor. He will have a key role in implementing the Conservative Party’s manifesto promises on justice and human rights.
Employment Insight: Trouble and strife - Dealing with concurrent disciplinary and grievance proceedings >
The votes are nearly all in, and undoubtedly talk of the new government will dominate the news pages for the coming days and weeks. The following article will hopefully serve as a brief distraction from the election, and deals with a particularly thorny employee relations issue – what should employers do when an individual raises a grievance during the course of disciplinary proceedings against them?
Our latest Employment update covers the immigration implications for businesses or organisations in corporate transactions, the remedy of of interim relief, the impact of of the introduction of pre-termination negotiations, as well as our regular roundups and other topical employment issues.
The Parliamentary Committee on Culture, Media and Sport report recently published its report on regulation of society lotteries and the National Lottery.
Passing judgment in Sharpe v The Bishop of Worcester, the Court of Appeal has ruled that Reverend Sharpe, a rector, held his position under terms defined by statute, and that there was therefore no need to imply a contract into the relationship between the reverend and the Bishop. Accordingly he could be neither a worker nor an employee, so he has no statutory protection from dismissal or detriment in relation to whistleblowing.
ECJ confirms collective consultation obligations are triggered on an ‘establishment’, not an aggregated, basis >
The ECJ has confirmed that, when determining whether collective consultation obligations are triggered, what is relevant is the number of redundancies within a particular ‘establishment’.
Want a refresher on key charity law issues? Come to the BWB/DSC Annual Charity Law Conference on 14 May.
Whether you are a newcomer to charity law, a trustee or chair, or an in-house charity lawyer, these sessions will guide you through all the key areas, from employment, to regulatory requirements, and tax and VAT. Click here to view the full list of workshops.
A 15% discount is now available for BWB clients. Book here quoting the code “bwb15”.
Rob Oakley advises how charities can deal with a challenge to a legacy.
Apart from death and taxes, perhaps the next most certain thing in life is that each new generation is considered by its parents to be more slothful, more wasteful and more selfish than its predecessors. With Generation Y, or millennials, the young people born roughly between 1985 and 1995 and now embarking on their careers, this is more pronounced than ever before, with Time magazine last year running a front page entitled “The Me Me Me Generation: millennials are lazy, entitled narcissists who still live with their parents.”
BWB Partner Simon Steeden has recently been appointed by the Cabinet Office to advise Lord Hodgson’s statutory review of the non-party campaigning rules under the Political Parties, Elections and Referendums Act 2000, as amended by the “Lobbying Act”. Simon will advise the review alongside Helen Mountfield QC of Matrix Chambers, taking account of his extensive experience of advising clients on political campaigning and election law.
A 15% discount is now available for BWB clients booking on the DSC/BWB Annual Charity Law Conference on 14 May. Book here quoting the code “bwb15”.
Got a view about what the Charity Commission’s priorities should be? Then book your place at the DSC/BWB Annual Charity Law Conference and take part in the plenary debate. It’s your chance to put your view to our panel which includes Paula Sussex, Chief Executive of the Charity Commission. For more details see here.
This week’s Briefing is shorter than usual - with the beginning of the pre-election period, there have been very few announcements from Government departments.
The Charity Commission has published two reports on the quality of charity accounts.
Zero-hours contracts have long been a hot topic, and with less than 30 days until the general election the issue is again in the spotlight.
Shared Parental Leave and other parental rights
The new shared parental leave scheme takes full effect from 5 April 2015.
What does the dissolution of Parliament mean for you?
It will have been difficult to miss the beginning of the general election campaign, with the dissolution of Parliament yesterday marking the official commencement of campaigning ahead of the election on Thursday 7 May.
What are the key legal issues facing political parties on the campaign trail?
The law seeks to strike a balance between allowing freedom for candidates to get their views across at election time, whilst restricting anything likely to subvert the democratic process.
One of the most important elements is the restriction on spending, regulated by the Election Commission. The Political Parties, Elections and Referendums Act 2000 (PPERA) and Representation of the People Act 1983 (RPA) determine what can be spent by political parties (nationally), by the candidate, the election agent or the agent’s appointees (at constituency level), and by third parties (including UK residents, charities, companies and trade unions) in connection with promoting or procuring electoral success for a party or candidate in the “regulated period” prior to an election.