Non-Judicial Member for the Sentencing Council for England and Wales (Senior Serving Police Officer) – Centre for Public Appointments

Non-Judicial Member for the Sentencing Council for England and Wales (Senior Serving Police Officer) – Centre for Public Appointments
— Read on publicappointments.cabinetoffice.gov.uk/appointment/non-judicial-member-for-the-sentencing-council-for-england-and-wales-senior-serving-police-officer/

Special Educational Needs. What is a local offer?

What is a Local Offer?

In response to concerns from parents and others that they find it hard to access information about what support is available, the Children and Families Act 2014 requires every local authority in England to publish a ‘Local Offer’.

The Special Educational Needs and Disabilities Code of Practice 2014 (“the Code of Practice”) states that “Local authorities must publish a Local Offer, setting out in one place information about provision they expect to be available across education, health and social care for children and young people in their area who have SEN [Special Educational Needs] or are disabled, including those who do not have an Education, Health and Care (EHC) Plan.”

Holiday pay

Without intending to teach anyone to suck eggs, thought this might be helpful for anyone in England or Wales, operating an April – March holiday year, as 2018/19 might need action from you

As you know, all workers are legally entitled to 5.6 weeks minimum paid annual leave. For an employee working a five-day week, this = 28 days’ holiday. Contractually, we usually state either 20 days plus bank holiday or 28 days including bank holidays

(If you already give more to employees (for example 25 days plus bank holidays) you don’t need to do anything)

In 2018 Easter is split between March and April; Good Friday is on 30 Mar and Easter Monday on 2 Apr. If you have a holiday year running 1 Apr 2018 – 31 Mar 2019 this means you will not have a Good Friday BH because it falls in the 2017/18 holiday year

So, staff with a holiday entitlement of ‘20 days’ plus bank holidays’ will only be CONTRACTUALLY entitled to 27 days’ holiday in 2018/19—crucially, this is of course one day short of the legal minimum

If this is you, what do you need to do? As a minimum, you MUST give 5.6 weeks’ holiday. To avoid breaching your employee’s rights, you must top up your staff holiday entitlement for the 2018/2019 holiday year

And what about the 2017/18 holiday year? For the same reasons, folk with Apr-Mar holiday years might receive an extra day’s holiday in March 2018, giving 9 bank holidays in total for this holiday year – but it hangs on what your contracts say.

Option 1: Where your contract states the employee is entitled to ‘20 days’ plus eight bank holidays’ and LISTS the specific eight bank holidays, there will be no right to take the second Good Friday bank holiday

Option 2: Where your contract states ‘20 days’ plus bank holidays’ but doesn’t list or give a number to the bank holidays, your employees will be entitled to 29 days’ holiday in the 2017/18 holiday year

Option 3: Where your contract has an absolute contractual holiday cap of 28 days, holiday will be unaffected

Pair were shadow directors but didn’t breach duties, says court

LEGAL UPDATE: Two men were shadow directors of an insolvent property development company and so did owe the company fiduciary duties but their behaviour did not breach those duties, the High Court in England has ruled.

“The judge said that it was clear that de facto directors had the same duties as regular directors and that the extent of shadow directors’ fiduciary duties will depend on the circumstances of each case.”

— Read on www.out-law.com/en/articles/2018/may/shadow-directors-restructuring-duties-unbreached/

A termination payment made to an employee for ‘injury to feelings’ following age discrimination related to his dismissal is not taxable, the Court of Appeal has said in a ruling which overturns a decision by the Upper Tribunal.04 May 2018

That said, this is not yet a victory for employees and employers, in the current economic climate HMRC is likely to appeal.

Tough reading, a persoective: “Britain: The Empire that Never Was”

“Why Brexit is the culmination of a British national project which weaponises imperial amnesia and nostalgia. Brexit sold the country a dream; ostensibly a project built on anti-migrant sentiment, it also invoked delusions of grandeur, rooted in reanimating the glorious days of imperial rule and global British”

You can see where this is coming from, but read on:

criticallegalthinking.com/2017/10/31/britain-empire-never/

The happy ending for this family does not help the thousands of other UK-born children whose pardon might not have British citizenship

Had the appeal been entertained, it would have determined whether children born in the UK but without British citizenship count as “persons from abroad” for the purposes of section 185 of the Housing Act 1996.
— Read on www.freemovement.org.uk/case-on-housing-rights-of-uk-born-children-dismissed-as-academic/

Mediation is key to avoiding the blame games that leads to futile and costly court battles

The Guardian today reports that lack of no-fault divorce in England and Wales is forcing separating couples into unnecessary and unsuccessful courtroom battles to establish who caused the breakdown, according to a report by the Nuffield Foundation.

In my experience as a mediator, this is very true but not just for couples divorcing but for a whole range of commercial and employment disputes, customer complaints and grievances – they are often settled by mediation or it that fails, by binding arbitration. Further more, the cost saving is enormous.

Nuffield Foundation says outdated law needs a no-fault divorce option
— Read on amp.theguardian.com/lifeandstyle/2018/apr/26/divorce-blame-game-leads-to-futile-court-battles-new-study-finds

Good news for those appealing conviction arising from the Magistrates’ Court

The Judicial Appointments Commission (JAC) have worked very hard: 133 new Recorders being appointed & taking office with effect from 4 April 2018. “It is anticipated that more appointments will be announced in the coming months.”

Why is this significant?

Recorders often sit with two Magistrates listening to appeals from the lower court (Magistrates’ Court). Whilst the actual number of appeals from the the Magistrates’ Court is not huge, the impact on the lives of those involved can be enormous. So more Recorders will enable Crown Courts to hear more appeals in less time thereby lessoning the impact on everyone.

Another significant benefit of more Recorders is that, if like me, your memory of events becomes less certain over time. When the delay between incident and court appearance is reduced, more confidence can be placed on the evidence.

Another factor is that the salaried Judiciary hear more complex and longer trials. The duration of those trials can be increased suddenly. Add to that personal emergencies, deaths, holidays, and too few Judges working these longer trials, organising availability (listing) is very difficult and cases may be switched or delayed because there are not enough Judges available. More Recorders means listing will become easier and justice quicker.

Information about the Courts and Tribunals Judiciary of England and Wales. Read the latest judgments, news and speeches.
— Read on www.judiciary.gov.uk/announcements/recorder-appointments-2/

The Probate Service is now accepting online applications (no more need for intermediaries)

The Probate Service is now accepting online applications from personal applicants based on the criteria below:

1 applications where up to 4 executors are applying

2 there is an original will available even if the person who died made up to 4 changes to that will (these changes are known as codicils)

3 the person who has died classed England and Wales as their permanent home or intended to return to England and Wales to live permanently.

The online application form will continue to be developed to cover a broader range of probate applications in the future.

What the new online application provides

The new online application form includes:

• a new statement of truth for you to declare that the information provided is correct, which removes the need for you to swear an oath in person

• the function to pay the fee online removing the need to post a cheque to the Probate Service

• a ‘save and return’ function allows you to save and revisit an application if you need to find further information. This allows a part finished application to be saved and completed later.

What is required in order to submit an online application?

The online application form is easier to understand but you will still be required to provide supporting documents as per the current process. These are:

• the original will and two photocopies

• an official copy of the death certificate

• the associated inheritance tax forms and figures

• any other supporting documents relevant to the case (e.g. a renunciation form)

We are looking to enhance this in the future, potentially through links with other departments to gather this information automatically as part of the process.

If you meet the criteria and would like to apply online please contact the HMRC helpline who can provide you with the details.

Telephone: 0300 123 1072

Outside UK: +44 300 123 1072

Opening times:

Monday to Friday: 9am to 5pm

Closed weekends and bank holidays.

Source: https://www.gov.uk/government/organisations/hm-revenue-customs/contact/probate-and-inheritance-tax-enquiries

Confidentiality and the grievance procedure explored

There is no such thing as a typical grievance – each one’s different and this means that it’s far more difficult for employers to make plans in advance. However, there are underlying themes to any grievance and one of the most important is confidentiality. Grievance procedures involve matters that, whilst relatively ro
— Read on www.rradar.com/blog/confidentiality-and-the-grievance-procedure

Appeal against the refusal on the part of the ET to grant a witness order. Appeal allowed.

The Claimant claimed that the reason for his dismissal was not, as the Respondent said, because his performance was unsatisfactory, but because of the racial dislike of the Claimant on the part of his line manager. The line manager no longer worked for the Respondent but had been in communication with them concerning his part in the case. He then ceased to communicate and 7 days before the hearing the Respondent applied for a witness order which the ET refused. The reasons given were 1) the application was made too close to the hearing when it could have been made earlier; 2) the witness had not being given advance warning; and 3) insufficient effort had been made to secure his attendance without a witness order. The Respondent appealed.

The EAT allowed the appeal. There was no indication that the ET has considered the relevance of the proposed evidence.

Remploy Ltd v Lowen-Bulger UKEAT/0027/18/RN
— Read on www.employmentcasesupdate.co.uk/site.aspx