Chambers Blog

Since my blog dated 31^st March 2008 more changes have been proposed in Employment Law. ACAS have now released proposals for the new Disciplinary and Grievance Procedures. The revised code is set to simplify the existing code and provides basic practical guidance to employers, employees and their representatives. It also sets out principles for handling disciplinary and grievance situations in the workplace. A key element of the new proposals is that they aim to encourage the internal resolution of disputes without the need to attend an Employment Tribunal.

Written by Kate Richards, Barrister at New Walk Chambers, specialising in Employment Law.

The Corporate Manslaughter and Corporate Homicide Act 2007 creates a new offence for prosecuting companies and other organisations where there has been a gross failing, throughout the organisation, in the management of health and safety with fatal consequences. The Act came into force on the 6^th April 2008. An organisation will be guilty of the offence if the way in which its activities are managed or organised causes death and amounts to a gross breach of a duty of care to the deceased. A substantial part of the failure must have been at senior level. An organisation guilty of an offence will be liable to an unlimited fine and may also face a publicity order and/or remedial order. Sentencing guidelines are due to be released in Autumn 2008. The Act does not affect current health and safety legislation or individual criminal responsibility.

Written by Kate Richards, Barrister at New Walk Chambers, specialising in Criminal Law.

The Church of England is set to approve wide-ranging changes to the employment law rights of its clergy. The Ecclesiastical Offices (Terms of Service) Draft Measure covers a number of issues including:

• (a) The introduction of Clergy Terms of Service;
• (b) The introduction of the statutory Ministerial Development Review;
• (c) The introduction of Capability Procedures;
• (d) The gradual cessation of Clergy Freehold in favour of the new Common Tenure;
• (e) The transfer of Parsonage Houses from being Benefice property to being held on trust by the Diocesan Parsonages Board;
• (f) The introduction of national guidelines for appointments etc;
• (g) The introduction of Human Resources officers or departments to facilitate the new provisions

The issue of the transfer of Parsonages was voted down at the February 2008 session of General Synod which is the Church of England's decision-making body. The draft measure (as amended) is due to be submitted for final approval at the July 2008 session of General Synod.

Written by Ian Jones, Barrister at New Walk Chambers, specialising in Employment Law and Ecclesiastical Law.

School appeals seem more popular than ever this year.  Only a week after launching his own school appeals website, barrister Ian Jones is receiving dozens of calls from anxious parents who have been refused a place for their child at their preferred school.  Ian says "I've been asked about everything from nursery admissions to judicial review, as well as lots of calls about primary and secondary school admission appeals."  Ian Jones is one of a growing number of barristers at New Walk Chambers who carry out work directly for members of the public under the direct access scheme.  The direct access barristers at New Walk Chambers are: Robert Rees, Ruth Manning, Ian Jones, Simon Reed and Karl Prosser.

 

Written by Ian Jones, Barrister at New Walk Chambers specialising in school appeals and education law.

Aviation law is particularly topical at present in light of the problems experienced by passengers at Heathrow's Terminal 5. The Carriage by Air Acts Order 2002 (which implements the Montreal Convention 1999) governs airlines' liabilities for passengers and their baggage. It covers liability for:

• death or personal injury to passengers;
• flight delays;
• baggage (loss, damage or delay).

There is a two-year limitation period for bringing an action for claims under any of these heads of liability.  Claims for delay are limited to 4,150 Special Drawing Rights (approximately £3205) and for baggage to 1,000 Special Drawing Rights (approximately £772).

Written by Christopher Allen, Barrister at New Walk Chambers, specialising in Aviation Law.