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MAY 2008 (REVISED) |
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This material will shortly be available at our web-site (www.russell-cooke.co.uk) together with an archive of past updates. URGENT! The topics covered this month are: EMPLOYMENT – SEX DISCRIMINATION
EMPLOYMENT – SEX DISCRIMINATIONThe Sex Discrimination Act 1975 (Amendment) Regulations 2008 came into force on 6 April 2008. They make a number of amendments to the Sex Discrimination Act 1975, and charities need to be aware of the changes relating to rights and potential liabilities. These amendments are as follows:-
For further information, please contact:
GOVERNANCE – CORPORATE MANSLAUGHTER AND HOMICIDE ACT 2007The Corporate Manslaughter and Corporate Homicide Act 2007 has just come into force creating a new offence for organisations causing death through gross negligence after 6 April 2008. The Act applies to organisations and charities (or their subsidiaries) incorporated either as a company or by Royal Charter or statute. If found guilty of the new offence as a result of serious management failure resulting in gross breach of duty of care they can be fined. Prosecution under will be of the corporate body and not individuals. Previously, organisations could not be convicted unless individuals identifiable as the directing mind of the company could be found guilty of gross negligence or manslaughter. In considering their liability, any breaches of health and safety legislation will be checked. Directors of companies and charity trustees should keep their health and safety management systems under review, in particular the way in which their activities are managed and organised by senior management. The Institute of Directors and the Health and Safety Commission have jointly published leadership guidance for all directors, governors, trustees, officers and their equivalents in the private, public and third sectors. The guidance is called ‘Leading health and safety at work’ and is available on the Institute of Directors’ website at www.iod.com/hsguide or on the Health and Safety Executive’s website at http://www.hse.gov.uk/leadership/ . Unincorporated associations, trustees of trusts and individuals cannot be prosecuted under the Act and individuals cannot be found guilty of aiding or abetting the offence. However, individuals remain liable under health and safety or general criminal law and need to consider their other professional duties. Perhaps the most worrying aspect may be damage done to an organisation’s reputation if there is even discussion about possible prosecution. For further information, please contact:
PROPERTY – CAR PARKING RIGHTSThe House of Lords gives important guidance on rights of parking. English law recognises different classes of legal rights over property. It is clear that the owner of a piece of land can do what they want to with it (subject to planning restrictions, etc). A tenant has sole possession of a piece of land, but can only do with such land what their lease allows them to do. A licensee has less rights still; and the holder of the benefit of an ‘easement’ has very specific and limited rights to carry out whatever right has been granted. The most common form of easement is a right of way. A right to park a car on someone else’s land has always been a difficult legal idea: the difficulty has been that, unlike other easements, a right to park a car suggests that the parking space could be used to the extent that it amounts to ‘exclusive possession’. Exclusive possession would mean the right stops being a mere right and becomes effectively a type of ownership of the land. The House of Lords has clarified a number of legal grey areas. Firstly, a right to park can be an easement; it does not matter that the landowner’s enjoyment of the land is severely restricted by a person exercising a right to park, provided that the landowner retains overall control of the parking land. Perhaps of more importance is the fact that a right of way can imply a right to park if the circumstances require it. The lesson is that anyone with a car park, or even with space on which a car could be (and is) parked, should satisfy themselves of the basis on which people are parking. In particular longstanding and (perhaps) undocumented arrangements with neighbouring owners should be reviewed regularly to ensure that significant rights are not given away unintentionally. Moncrieff v Jamieson and others [2007] UKHL42 For further information, please contact:
EVENTSProgramme of Evening Seminars 2008 The Trustee Conference 2008 – Thursday 26 June 2008 For more details and for booking information please follow this link http://www.russell-cooke.co.uk/serv_c&o_charities_events.htm The Employment Law Conference – Monday 6 October 2008 For more information or to register for the conference please contact Janev Djemil on 020 8394 6372. Janev.Djemil@russell-cooke.co.uk The Charity Team
This material does not give a full statement of the law. It is intended for guidance only, and is not a substitute for professional advice. No responsibility for loss occasioned as a result of any person acting or refraining from acting can be accepted by Russell-Cooke. Copyright: Russell-Cooke, May 2008 To subscribe to this monthly legal update please visit http://www.russell-cooke.co.uk/serv_charities_intro.htm and fill in the online request form, or send an email including your name and email to, charitylegalupdates@russell-cooke.co.uk An archive of past updates can be found at http://www.russell-cooke.co.uk/serv_charities_updates.htm If you would like to reproduce some or all of our updates in your own publication, contact KATE SLATTERY on 020 8394 6458, kate.slattery@russell-cooke.co.uk
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