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July 2012 |
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The topics covered in this update are: COOKIES PARENT COMPANIES AND TRADING SUBSIDIARIES REASONABLE ADJUSTMENTS SAFEGUARDING TUPE CHARITABLE INCORPORATED ORGANISATIONS UPCOMING EVENTS This material is available on our website www.russell-cooke.co.uk together with an archive of past updates (there is also the facility to sign up to receive the updates).
CookiesNew UK regulations that came into force in May 2011 mean that organisations now need the consent of individual visitors to their website if they are to use “cookies”. The Information Commissioner gave a grace period of 12 months for organisations to address the new regulations, but organisations now need to demonstrate how they are tackling the legal, technical and practical implications of the legislation. Please follow this link to the full article. ANDREW STUDD on 020 8394 6414, Andrew.Studd@russell-cooke.co.uk
Parent companies and trading subsidiaries - risks and potential liabilitiesThe Court of Appeal has held that a parent company owed a direct duty of care to the employee of a subsidiary who had contracted asbestosis through exposure to asbestos dust. This is the first reported case in which a parent company has been considered to owe such a duty of care. Charities with trading subsidiaries should consider the possible implications of this case for their organisation and in particular how they maintain separation between the charity and its trading subsidiary. Please follow this link to the full article. JANE KLAUBER on 0208 394 6483, Jane.Klauber@russell-cooke.co.uk
Reasonable adjustmentsThe duty to make reasonable adjustments imposes a positive obligation on employers to make changes to counter disadvantages faced by disabled employees in doing their jobs. Roberts v North West Ambulance Service reminds employers that the duty to make reasonable adjustments is not limited to making exceptions for disabled employees (i.e. saying that certain rules will not apply to them). Where a disabled
employee is unable to carry out their job due a workplace rule, policy or practice, the employer must make all reasonable adjustments to allow that employee to return to work.
Safeguarding – Charity Commission guidanceThe Charity Commission has published its strategy for dealing with safeguarding issues in relation to charities. In broad terms the guidance emphasises that the Commission has a limited remit and in most cases its role is to provide guidance and work with other agencies. Please follow this link to the full article.
TUPE: move from direct employment to subcontracting to franchisees was connected to a transfer but justifiedMeter U Ltd provides meter reading services to electricity suppliers and uses only franchisees who are limited companies. Following their success in a retendering exercise, they decided to apply this business model to the contract, dismissing all transferring employees by reason of redundancy with the intention of contracting with franchisees (all individuals who had set up limited companies) instead. The Transfer of Undertakings (Protection of Employment) Regulations 2006 applied to these transfers and the dismissals were found to be connected to the transfer. While Meter U was obliged to carry out an information and consultation process and accept transferring staff it was then able to justify post transfer dismissals with an economic reason which entailed changes to the workforce. Please follow this link to the full article.
Waiting to incorporate as a charitable incorporated organisation (CIO)The CIO would allow charities to incorporate and only register at the Charity Commission. The CIO was due to become available this spring. As you may have noticed, spring has been and gone, and there is increasing evidence that the Cabinet Office is not as excited as it once was about this new structure. As one source put it, “There simply doesn’t seem to be a real demand for this new structure”. Please follow this link to the full article.
EVENTSThursday 12 July 2012, Euston, London
RUSSELL-COOKE EVENING SEMINARS
The Charity & Social Business 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 LLP. Copyright: Russell-Cooke LLP, July 2012 An archive of past updates can be found here
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