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Occupational health guidance requires patient consent to disclose reports to employers

Wed, 04 Nov 2009 00:00 GMT

Employers seeking medical reports on employees from occupation health doctors may be frustrated by new guidance from the General Medical Council (GMC).

Can we talk? How to have a without prejudice conversation with an employee

Fri, 16 Oct 2009 00:00 GMT

�Without prejudice' is the legal term for �off the record'. In a dismissal situation - maybe for poor performance - an employer may wish to speed up the formal process by offering a termination package on a without prejudice basis.

First phase of Vetting and Barring Scheme in operation from 12 October 2009

Fri, 16 Oct 2009 00:00 GMT

The new Vetting and Barring Scheme aims to prevent unsuitable people from undertaking paid or volunteer work with children and vulnerable adults. It will vet all those who wish to work with vulnerable groups and bar those shown to pose a risk.

Procurement Update: Timely reminder for registered providers

Thu, 15 Oct 2009 00:00 GMT

With the Remedies Rules about to be introduced, here is a timely reminder to registered providers (RPs) to review their procurement policies and practices.

Dismissal to avoid pension costs was age discrimination

Fri, 02 Oct 2009 00:00 GMT

The Employment Appeal Tribunal has found that a 49-year-old employee suffered age discrimination when he was made redundant to avoid pension costs that would have arisen once he reached 50.

Parents can swap statutory leave between them from 2011

Fri, 02 Oct 2009 00:00 GMT

The Government has launched a consultation on regulations to extend statutory paternity leave and pay.

Discrimination gets more expensive

Thu, 01 Oct 2009 00:00 GMT

The Employment Appeal Tribunal (EAT) has increased the amount that tribunals must award for injury to feelings in discrimination cases.

U-turn on pledge to extend paid maternity leave to 12 months

Thu, 01 Oct 2009 00:00 GMT

Perhaps the first casualty of the need for the Government to tighten its belt was seen earlier this month when it emerged that statutory maternity pay would not be increased, as expected.

ECJ extends holiday entitlement for sick workers even further

Wed, 30 Sep 2009 00:00 GMT

The European Court of Justice (ECJ) has handed down another significant case concerning the holiday entitlement of employees who have taken sick leave.

October employment law changes

Wed, 30 Sep 2009 00:00 GMT

October is one of two regular implementation periods for employment law changes - the other is April - we round up the changes to look out for.

Default retirement age lawful, but Government review looms

Wed, 30 Sep 2009 00:00 GMT

The High Court has rejected Heyday's long-running challenge to the UK's default retirement age of 65, holding that it is lawful to force employees to retire at that age, provided the correct procedure is followed.

Inflation or deflation: What will happen to rents?

Mon, 28 Sep 2009 00:00 GMT

April 2010 is just around the corner. We are half way through the financial year and awaiting the inflation/deflation figure, which is the basis for calculating rent increases for housing associations (HAs).

OFT bid rigging investigations: What does it mean for RPs?

Wed, 23 Sep 2009 00:00 GMT

Last April the Office of Fair Trading (OFT) announced an investigation into suspected construction industry bid rigging, alledging contractors had engaged in 'cover pricing' - agreeing to submit inflated bids designed not to win a tender.

Mortgage rescue: does it work?

Fri, 11 Sep 2009 00:00 GMT

Despite its good intentions, is the Government's Mortgage Rescue scheme working for Registered Providers (RPs) and - more importantly - vulnerable households and families?

Shared Services Arrangements: Further opportunities?

Tue, 25 Aug 2009 00:00 GMT

Like all organisations in the middle of a recession, Registered Providers (RPs) will be scrutinising their operating costs.

New asbestos survey regime heralds strict obligations

Wed, 05 Aug 2009 00:00 GMT

Those responsible for protecting others from deadly asbestos in buildings will soon have strict new guidelines to follow.

Report urges construction industry to look closely at ethnic diversity

Wed, 05 Aug 2009 00:00 GMT

The Equality & Human Rights Commission (EHRC) has published an inquiry report into why ethnic minority workers are under-represented in the construction industry, and what should be done to resolve the imbalance.

Exempt charities should prepare for change

Tue, 28 Jul 2009 00:00 GMT

The provisions of the Charities Act 2006 continue to be implemented, and in October the parts that apply to exempt charities begin to come into force.

Radon: The new asbestos?

Tue, 28 Jul 2009 00:00 GMT

Most organisations are aware of the consequences of exposing their workers to asbestos. Fewer appreciate the risks of exposing employees to radon, an odourless, colourless, and tasteless gas that seeps through the ground and becomes trapped in buildings.

Land sales deposits: VAT clarified

Fri, 24 Jul 2009 00:00 GMT

The situation concerning VAT paid on land sales deposits has been clarified by HM Revenue & Customs (HMRC).

Update: HCA Public Land Initiative and Developer Panel

Fri, 24 Jul 2009 00:00 GMT

Earlier this year the Homes and Communities Agency (HCA) published a Prior Information Notice (PIN) of its intention to establish a panel for developers - part of the drive to �get round' theexpense caused by the infamous Jean Auroux/Roanne decision.

Data protection notification fees to rise for large organisations

Tue, 21 Jul 2009 00:00 GMT

The annual data protection notification fee is to rise to �500 for larger organisations, including public authorities from 1 October 2009.

Shared owners: Leaseholders or tenants?

Mon, 20 Jul 2009 00:00 GMT

In these difficult economic times, more and more shared owners are falling into rent arrears, while others could be falling behind on mortgage repayments.

Retirement age could be abolished in 2011

Tue, 14 Jul 2009 00:00 GMT

The Government is bringing forward to 2010 its review of the default retirement age, which allows employers to force employees to retire at 65.

TUPE and service provision changes: Welcome guidance from EAT

Thu, 02 Jul 2009 00:00 GMT

The Employment Appeal Tribunal (EAT) has given some welcome guidance on the correct approach for deciding whether or not a service provision change is covered by TUPE 2006.

Banning age discrimination in the provision of services

Thu, 02 Jul 2009 00:00 GMT

The Equality Bill currently going through Parliament will outlaw age discrimination in the provision of services for the first time.

Disability Discrimination: House of Lords makes it easier to claim

Thu, 02 Jul 2009 00:00 GMT

The House of Lords has made it easier for claimants to show that they are "disabled" and thus protected under the Disability Discrimination Act 1995 ("DDA").

The end of trade union blacklisting moves closer

Thu, 02 Jul 2009 00:00 GMT

The Department for Business has issued a consultation on new regulations to outlaw trade union blacklists.

Equal pay for everyone - including men!

Thu, 02 Jul 2009 00:00 GMT

There has been much media interest in the extensive equal pay litigation brought by women against local authorities over the past few years.

The TSA: Has pendulum swung too far the other way?

Wed, 01 Jul 2009 00:00 GMT

Many of us have heard recently either Anthony Mayor or Peter Marsh talk about the new role of the Tenant Services Authority (TSA) and its approach to regulation.

Disrepair and the recession

Wed, 01 Jul 2009 00:00 GMT

The recession is having more than one impact on the housing market: increasing debt and rising unemployment mean more residents are pursuing disrepair claims against registered providers (RPs) and local authorities (LAs).

RPs are public authorities for purposes of housing management functions

Fri, 26 Jun 2009 00:00 GMT

The Court of Appeal has confirmed registered providers (RPs) are now public authorities for the purposes of Section 6 of the Human Rights Act 1998, and can now have their decisions judicially reviewed.

Equality Duty: Proposals for public sector implementation

Wed, 24 Jun 2009 00:00 GMT

The Equality Bill makes provision for a new, single equality duty to be imposed on public bodies and those exercising public functions. It is expected that the new Equality Duty will apply from April 2011.

Law firm helps Leyfields look its best

Fri, 12 Jun 2009 00:00 GMT

A team of volunteers from a national law firm swapped files for forks and dug in to help smarten up a Lichfield open space.

House of Lords' eagerly awaited sick leave and holiday pay decision

Wed, 10 Jun 2009 00:00 GMT

The House of Lords has handed down its decision in Stringer v HMRC.

Statutory redundancy payment rise in October - then limits frozen to 2011

Wed, 10 Jun 2009 00:00 GMT

There is good news and bad news about the statutory redundancy payment.

Children's unruly behaviour prompts possession order

Wed, 03 Jun 2009 00:00 GMT

On 30 May 2007 Sovereign Housing Association (SHA) obtained a postponed possession order against one of its tenants due to rent arrears.

Death of the 'sick note' as new 'fit note' unveiled

Thu, 28 May 2009 00:00 GMT

The Government has launched a consultation on a new "fit" note which it hopes will help to eradicate "sick note culture" in the UK.

Agency workers: Government consults on new rights

Wed, 20 May 2009 00:00 GMT

The Government is consulting on how it will introduce rights for agency workers in the UK following the new Agency Workers Directive agreed by Europe, last year.

Trade union members to get more legal protection

Thu, 14 May 2009 00:00 GMT

From later this year it will become unlawful to refuse to employ somebody because they are a member of a trade union.

Is the UK's working time opt-out safe?

Thu, 14 May 2009 00:00 GMT

It seems like the UK's "opt-out" from the 48 hour working week has been under threat from Europe for a very long time but we are now able to bring you the end of the story (for now!).

National Minimum Wage: The only way is up

Wed, 13 May 2009 00:00 GMT

Despite speculation that the Government would leave the National Minimum Wage (NMW) rate alone for next year, a Low Pay Commission (LPC) recommendation for a small increase in hourly rates has been accepted.

Public Procurement: More important OGC guidance

Wed, 06 May 2009 00:00 GMT

April has been a busy month for the OGC seeing it publish two Action Notes, which Registered Providers need to bear in mind when carrying out procurement exercises.

Budget 2009: What it means for social housing

Tue, 28 Apr 2009 00:00 GMT

Recognising that a buoyant property market is one of the drivers of the economy, the Chancellor has earmarked considerable funds to help assist the property and construction industries.

Focus on compliance: HMRC compliance checks on employer records

Mon, 20 Apr 2009 00:00 GMT

HM Revenue and Customs (HMRC) has signalled its intention to focus on employer/contractor tax compliance by releasing a series of leaflets highlighting preparatory work employers should do prior to an HMRC compliance check.

ALMO secures possession

Thu, 16 Apr 2009 00:00 GMT

People 1st (Slough) - the arms-length management organisation (ALMO) of Slough Borough Council - has secured a Possession Order just months after a police Closure Order was obtained for one of the properties it manages.

'People' or 'service users'? Try using plain English

Tue, 31 Mar 2009 00:00 GMT

The Local Government Association (LGA) has produced a list of 200 words and phrases used by local authorities that make very little sense to most residents.

All change for social housing pension scheme

Tue, 31 Mar 2009 00:00 GMT

Registered providers (RPs) who offer membership of the Social Housing Pension Scheme (SHPS) are to receive confirmation they can offer employees access to a defined contribution (DC) pension scheme.

Fit for purpose? VAT implications of structuring social housing contracts

Mon, 30 Mar 2009 00:00 GMT

A recent case has highlighted the importance for registered providers (RPs) to ensure they use tax-efficient structures for the purposes of constructing new housing.

Old fashioned values: The importance of pensions detail

Thu, 12 Mar 2009 00:00 GMT

Recent media attention on pensions highlights a number of problems and issues faced by many UK pension schemes and UK businesses.

Flexible Section 106 Agreements for Registered Providers

Mon, 09 Mar 2009 00:00 GMT

What can a Registered Provider (RP) do when faced with a completed Section 106 Agreement containing obligations or terms, but which it is unhappy with?

Registered provider's swift action brings immediate relief to residents

Thu, 26 Feb 2009 00:00 GMT

Friendship Care and Housing (FCH) recently secured possession of a property within 10 days of a 'without notice anti-social behaviour injunction order' being made by Leicester County Court.

Social housing: your questions answered

Thu, 26 Feb 2009 00:00 GMT

Shoosmiths' Social Housing team answers questions often raised by Registered Providers.

Compensation award for employee inventors is first of its kind

Fri, 20 Feb 2009 00:00 GMT

For the first time ever, the High Court has awarded two employees compensation for their inventions, which were held to be of 'outstanding benefit' to their employer.

Alternatives to redundancy: Cutting agency workers and fixed-term employees

Wed, 18 Feb 2009 00:00 GMT

In the current economic climate it is understandable that lots of organisations are looking to cut costs.

Whitefriars first crack house closure results in possession order

Wed, 11 Feb 2009 00:00 GMT

Following complaints of anti-social behaviour - including allegations that a bicycle was thrown over the balcony and of electricity being stolen - Whitefriars Housing Group served the tenant with notification it intended to issue possession proceedings.

Unfair Lease Terms: time to check and change

Thu, 05 Feb 2009 00:00 GMT

A recent Office of Fair Trading (OFT) case on unfair lease terms has highlighted the need for landlords to review standard tenancy documents regularly to ensure they meet current best practice and remain enforceable.

New affordable housing regulator publishes interim plan

Wed, 28 Jan 2009 00:00 GMT

On 26 January 2009 the Tenant Services Authority (TSA) published its interim corporate plan for the period December 2008 to March 2010.

House of Lords rules POVA list unlawful

Tue, 27 Jan 2009 00:00 GMT

The House of Lords yesterday handed down a decision that could affect the legitimacy of the POVA list.

Blow for employers as ECJ confirms ill staff accrue holiday

Fri, 23 Jan 2009 00:00 GMT

A worker's entitlement to annual leave continues to accrue while they are off sick, the European Court of Justice (ECJ) has confirmed.

Social Housing: Tolerated Trespassers and Family Intervention Tenancies under the Housing and Regeneration Act 2008

Thu, 22 Jan 2009 00:00 GMT

Join us in our Birmingham office at one of our regular legal updates which will give you a chance to keep your knowledge up-to-date and to network with colleagues from other housing organisations, over a bite to eat.

To merge or not to merge?

Tue, 13 Jan 2009 00:00 GMT

Given the current economic climate, the introduction of a new regulator and the inactivity of our banks, the question of whether to merge, join or create a group is on the minds of most housing providers.

Shoosmiths partner hits the Hot 100

Wed, 07 Jan 2009 00:00 GMT

Shoosmiths partner and housing specialist Andy Ballard has hit the prestigious Lawyer Hot 100 for 2009.

Family Intervention Tenancies

Fri, 02 Jan 2009 00:00 GMT

Shoosmiths' Social Housing team explains Family Intervention Tenancies, and urges caution when dealing with what can become a legislative minefield.

Knowsley Housing Trust v White: House of Lords Decision

Wed, 10 Dec 2008 00:00 GMT

The House of Lords has ruled an assured tenancy does not come to an end until possession has been delivered up to the landlord.

Full steam ahead for personal pension accounts

Tue, 09 Dec 2008 00:00 GMT

The Pensions Act 2008, implementing the Government's workplace pension reforms, received Royal Assent on 26 November. Most reforms are expected to take effect from 2012.

Tolerated Trespassers

Mon, 08 Dec 2008 00:00 GMT

Shoosmiths Social Housing team looks at tolerated trespassers, and what the future holds for them following the introduction of the Housing and Regeneration Act 2008.

Pre-budget report 2008 - tax issues

Tue, 25 Nov 2008 00:00 GMT

The Chancellor delivered the 2008 Pre-Budget Report yesterday (24 November 2008). The following is a summary of the main points:

Employment Act 2008 passed

Thu, 20 Nov 2008 00:00 GMT

The much anticipated Employment Act 2008 (the Act) received Royal Assent on the 13 November.

Easy access to contact details via .tel domains

Wed, 19 Nov 2008 00:00 GMT

New .tel domain names will allow businesses to store and manage their contact details in a directory accessible from any device connected to the internet.

Pressetext case set to be landmark

Wed, 12 Nov 2008 00:00 GMT

When do changes to an existing public contract amount to the award of a new contract under EU procurement rules?

Thresholds: Contracts of cross border interest

Tue, 11 Nov 2008 00:00 GMT

When do Part B or below the threshold contacts have to be advertised? This is a topical issue, touched on in our Summer 2008 newsletter.

Remedies Directive Consultation

Mon, 10 Nov 2008 00:00 GMT

The Remedies Directive was adopted by the EU Council of Ministers and the European Parliament on 11 December 2007 and published in OJEU on 20 December 2007.

Internet expansion: the new .brand gTLD

Tue, 04 Nov 2008 00:00 GMT

The anticipated new registration scheme allowing companies to apply to register their own gTLD's will see a huge change in the way in which the internet is structured.

Group of youths subject to ASBO orders

Wed, 29 Oct 2008 00:00 GMT

Wolverhampton City Council has recently secured ASBOs in relation to four youths who had been terrorising the All Saints area of the City.

Breach of injunction order leads to imprisonment and possession of tenant's property

Wed, 29 Oct 2008 00:00 GMT

A West Midlands Housing Association (Association) successfully obtained an on notice Injunction Order against one of its tenants, as a result of noise which caused substantial nuisance and annoyance to an owner occupier family who lived next door.

Injunction order and possession against a tenant with a disability

Tue, 28 Oct 2008 00:00 GMT

Twynham Housing Association ("Twynham") has secured possession of a property where the tenant was claiming the protection of the Disability Discrimination Act, as well as obtaining an Injunction excluding him from his property.

Application to fix a date for possession results in second trial

Fri, 24 Oct 2008 00:00 GMT

A Housing Association ("Association") has managed to secure a date for possession against a man who drilled holes in his neighbour's 16 year old daughter's bedroom ceiling in order to spy on her.

New regime for temporary agency workers approved by Europe

Wed, 22 Oct 2008 00:00 GMT

The European Parliament has approved the controversial temporary agency workers directive after six years of wrangling between EU members. The directive allows for temporary workers in the EU to be treated equally from day one.

Stress in the workplace: reasons to be fearful

Mon, 20 Oct 2008 00:00 GMT

Employers owe a duty of care to staff, and must do all they can to protect employees' health and safety at work. This extends to protecting employees' mental health. Employers failing to do so can be liable for unlimited damages for psychiatric injury.

Questions over ex gratia payments continue to tax employers

Mon, 20 Oct 2008 00:00 GMT

Tax treatment of termination payments is a perennial issue for employers and their lawyers. Employees often believe they are automatically entitled to tax free payments, but this depends on the facts of the individual case.

Are Registered Providers covered by the freedom of Information Act 2000?

Tue, 09 Sep 2008 00:00 GMT

Have you, like a number of our clients, recently received a letter from a "Ms Edwards" making a request under the Freedom of Information Act 2000 ("FOIA")? If you have, or if you do, then do you have to provide the information requested? In short, no.

Registered Providers crucial as government announces housing market kick-start

Fri, 05 Sep 2008 00:00 GMT

With the housing market in crisis, Registered Providers find themselves well placed to play a key role in delivering government measures to get it moving again.

Stamp Duty suspension welcomed for residential property to �175,000

Tue, 02 Sep 2008 00:00 GMT

Shoosmiths partner and head of direct conveyancing David Parton says suspending Stamp Duty on homes up to �175,000 will be welcomed by home buyers.

Extension to flexible working from April 2009

Thu, 28 Aug 2008 00:00 GMT

The Government has announced that it will extend the right to request flexible working to parents of children up to and including the age of 16 in April 2009.

Housing PFI Bid round six - signs of life?

Fri, 22 Aug 2008 00:00 GMT

PFI and housing has something of a chequered history and had to date been but one way of achieving the decent homes standard and/or more recently delivering on new build units.

Jumping the gun on retirement was age discrimination

Wed, 20 Aug 2008 00:00 GMT

In a recent case an employer paid a heavy financial penalty for retiring an employee one day before his 65th birthday. The employment tribunal awarded the employee over �36,000 in compensation.

Equal pay claims could cost employers dearly on a TUPE transfer

Tue, 19 Aug 2008 00:00 GMT

A recent Employment Appeal Tribunal (EAT) judgement in the case of Sodexo v Gutridge examined the effect of TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006) on transferring employees' claims for equal pay.

A possible letting strategy for house builders

Thu, 31 Jul 2008 00:00 GMT

In the current economic climate many house builders are faced with the problem of surplus stock. Holding on to the properties until the economy improves is not generally an option.

Further concern for landlords after spate of boiler explosions

Mon, 28 Jul 2008 00:00 GMT

A new Safety Alert concerning solid fuel back boilers has been issued by the Health and Safety Executive after a spate of explosions, one of which led to a fatality.

Possession proceedings against tenant with a disability is lawful

Wed, 25 Jun 2008 00:00 GMT

The House of Lords upheld a local authority's appeal after a tenant suffering schizophrenia claimed he was discriminated against when he was issued with a Notice to Quit.

Landlords must have robust gas safety procedures

Mon, 09 Jun 2008 00:00 GMT

Over recent months there have been a number of high profile cases which have been reported about gas incidents in properties owned or managed by housing landlords.

Social housing: OFT report on unlawful bid rigging and cartel activity

Thu, 22 May 2008 00:00 GMT

Housing Associations will be aware from the recent publicity that the Office of Fair Trading (OFT) has issued Statements of Objection (SO) to 112 building contractors many of whom are known to Housing Associations having worked together over many years.

Social Housing Law Update March 2008

Thu, 13 Mar 2008 00:00 GMT

S (Appelant) v Jacqueline Floyd (Respondent) and Equality and Human Rights Commission (Intervener) (2008)