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Tag: United Kingdom

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School attendance in the heat – Our childcare team provide insight

By Sally Perrett – Solicitor | Head of Childcare Law

The UK is bracing for sweltering heat this week as the first-ever red warning for extreme heat is implemented today with temperatures expected to hit 107 (41c) in some parts of the country. It is likely to be the hottest day ever. The temperatures are not expected to be quite so high in Wales but nevertheless, an amber warning remains in place.

As with the pandemic, health chiefs fear the NHS could be overwhelmed by heat-related casualties if temperatures rise to the levels predicted.

There has been some discussion as to whether schools should remain open under the circumstances.

Schools follow the same regulations as workplaces. Under the workplace (Health and Safety Welfare) Regulations 1992, Employers have a legal obligation to ensure that the temperature in the workplace is “reasonable”. Despite the guidance under law, the government has not specified a specific temperature in the workplace which would mean employers, or in this case, pupils are sent home.

Ultimately it is up to the headteacher to decide whether the temperature in the school is suitable for teachers and pupils.

Some schools across the UK have given parents the option to keep children at home or to collect their children early, particularly on Monday. Most have chosen to remain open following practical and sensible advice. Public Health Wales has issued guidance on looking after children in extreme hot weather.

Schools are having to balance this tricky decision between the welfare of their staff and pupils, the issue of many parents, particularly key workers still having to attend work during the heatwave and the supervision of more vulnerable children during these unprecedented temperatures.

There is no hard and fast rule regarding keeping children home in these circumstances, it is ultimately down to the individual school and to the parent if they are concerned about how their child might cope with the temperature.

 

For childcare legal matters, contact our team here: https://www.cjchsolicitors.co.uk/personal-law/family-and-childcare-law/

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UK heatwave and the work environment – Our employment law team weigh in

By Max Wootton – Senior Partner

As the heat wave continues to linger across the United Kingdom, many are asking what the potential impacts are on the working environment. The Health and Safety Executive (HSE) does not provide a recommendation on the maximum workplace temperature. This is because it is difficult to set any meaningful figure at the upper end of the scale due to the high temperatures found in, for example, factories or glass works.

Factors other than air temperature can also come into play in hot working environments, including radiant temperature, air velocity and humidity. That said, if the temperature at work is uncomfortably high because of hot processes, or even building design, the employer must still take all reasonable steps to ensure that workplace temperatures are at a comfortable level.

Employers have a statutory duty under the Health and Safety at Work etc Act 1974 to ensure, so far as reasonably practicable, the health, safety and welfare of their employees at work. This means that all employers are required by law to protect their employees from harm, including harm caused by excessive or uncomfortable workplace temperatures.

The Management of Health and Safety at Work Regulations 1999 require employers to undertake a risk assessment of the risks to the health and safety of their staff and take steps to control those risks where necessary. Under the 1999 regulations, an employer must:

  • identify the possibility of illness or injury from workplace temperatures
  • decide how likely it is that someone could be harmed in this way and how seriously
  • take action to eliminate the hazard, or if this isn’t possible, control the risk.

For most businesses exposed only to seasonal risks from hot or cold temperatures, the steps that need to be taken to control these risks are fairly straightforward. In most cases, this will be less about reducing the risk of illness or injury, and more about ensuring the thermal comfort of employees at work. Thermal comfort describes how acceptable a person considers their temperature, ie; whether they feel too hot or too cold.

 

For more information or assistance with employment law and HR service matters, speak with our team: https://www.cjchsolicitors.co.uk/business-law/employment-and-hr-services/

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Access to Justice: Supreme court rules to quash Employment Tribunal fees

The Supreme Court has handed down a game changing judgement relating to Employment Law. Seven Supreme Court Justices agreed, in the case of Unison v Lord Chancellor, that the Employment Tribunal and Employment Appeal Tribunal Fee Order 2013 prevented access to justice and furthermore was considered unlawful.

The result of this judgement is that fees structure for Employment Tribunals and Employment Appeal Tribunals has now been removed.

Nigel Daniel, CJCH Employment Law and HR Services Lead had this to say on the developments:

The implications of this decision are numerous. When the fee structure was in place (As of today, it no longer is), employers had a certain protection from vexatious claimants, who may very well have filed a claim hoping for an economic settlement, when in reality the claim may have had no prospect of success whatsoever.

CJCH represents both employers and employees in various matters, and we would predict that this development will result in a sharp increase in new instructions.

Immediately after the introduction of fees, claims to the Employment Tribunal dropped by 79%, so we would expect that trend will see an immediate reversal.

Claimants, who are at their most vulnerable, after losing their job, no longer have to worry about finding £1200 (estimated) to actually get a case to the Tribunal. I still feel, however, that we have a duty to advise responsibly, and inform possible claimants of potential costs penalties if that claimant persists in bringing a vexatious, or malicious case.

Our Commercial Law Lead, Gareth Thompson, considers the point of view of employers:

Since the run up to Brexit and its aftermath, the current government appears to have taken a semi-detached approach to their relationship with business and employers.  Following the election and its now precarious hold on power in parliament, it seems increasingly desperate to demonstrate its ‘People’ friendly credentials.

The announcement that employment tribunals are going to abandon the requirement for fees to start claims might be seen as the latest evidence of this.  The last upwards hike in fees slashed all new employee claims to tribunals by nearly 80%, almost overnight.  The removal of any fees promises to usher in a tsunami like wave of fresh claims.  From the employee’s perspective, this may be perceived as good news and the employment marketplace as a new happy hunting ground.

From an employer’s perspective, it may provoke a collective groan of despair and knee jerk defensive responses.  All may agree that prevention of claims is better than cure.  Some reactive employers may be tempted to simply look even harder than they otherwise have done at anyone employed by them for less than two years and pro-actively purge the ranks of anyone likely to prove problematic in the longer term.

However other employers will sensibly take a more enlightened approach.  They will look hard and long at their recruitment processes to ensure that they take on the right people for them in the first place.  They will also review their training and appraisal policies to ensure they become meaningful and valuable personal development tools instead of internal compliance-driven tick-box exercises.  They might consider giving them representation on management boards or simply have regular meetings to share knowledge and experience, air any issues and invite constructive suggestions for improvement.  They might also want to consider imaginative reward schemes to incentivise everyone employed by them and give them a real vested interest in the success of the business.

Businesses don’t need to introduce truly radical human resource management to prevent negative confrontation.  All that is required to create a positive and productive working environment is good management practice and a healthy dose of common sense. Traditional hierarchies and old fashioned practices should be the first thing to be axed if any organisation is serious about success and growth.  Conversely, an inclusive and all-embracing approach to their workforce should be the first thing to be introduced as the best defence against negative and expensive grievances and claims.

 

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Reflection on Mental Health Awareness Week with a look to the future.

By Keith James, Solicitor/Partner

Last week, 8 to 14 May 2017, marked UK Mental Health Awareness week for 2017. The purpose of this annual event is to ‘prompt a national conversation about what we can do as communities, schools, families and individuals ‘to move from surviving to thriving’ (The Mental health foundation).

There is little doubt that in recent months awareness of the wide variety of mental health conditions and of the impact of mental health problems has grown and now appears to be rising up the political agenda.

High profile individuals who have experienced the impact of issues such as depression, including prominent figures in the football world, have helped to shine a light on how mental health problems can impact on the lives of everyday people – Mental Health issues do not discriminate.

Also in the news have been many stories from prominent individuals of how bereavement can impact on families and how help can be provided to families to talk through these issues.

Of particular current interest is how the result of the general election will impact on Mental Health Law and the provision of Mental Health Services. Already suggestions have been made of manifesto commitments to increase provision of community mental health staff and services but also a suggestion that the Mental Health Act should be replaced. This perhaps is the most intriguing suggestion.

The Mental Health Charity, Mind, has called for a review of the Mental health Act but there is a suggestion this could go further to avoid ‘unnecessary detentions’. It will certainly be interesting, during the General Election campaign, to see if this forms part of a manifesto commitment. Of particular interest will be what alternative proposals are suggested.

There is little doubt that Mental Health issues have risen up the political agenda, and for CJCH will continue to be an important part of our focus and drive to support our community.

For any questions or queries, please do not hesitate to contact our Mental Health and Mental Capacity Law team at mentalhealth@cjch.co.uk or call on +44 333 231 6405 (24 hour emergency line: +44 7967 305949)

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CJCH Solicitors to create 71 jobs in Cyber Security with backing from Welsh Government.

CJCH Solicitors have embarked on an ambitious journey to create a staggering 71 new jobs within the Anti-Piracy and Cyber Security speciality in Wales by year-end 2020.  We are proud to reiterate the announcement made by the Welsh Government, revealing their support of our new global IP Anti-Piracy Unit at our Cardiff head office.

CJCH has been at the heart of digital piracy and Intellectual Property compliance in Wales, with an international impact. In 2014, our Intellectual Property practice launched its internal Anti-Piracy and Compliance consultancy. Our team developed a customised solution for our international clients, to protect their work product and recover lost revenues from software infringements.

Ken Skates, Cabinet Secretary for Economy and Infrastructure, said “IP piracy, which can range from copyright theft or infringement to counterfeit goods, is a growing global issue that can cause untold damage to businesses, to their protected and valued brands and the economy. ”

Infringements of this nature are a form of cyber crime which impacts business globally, depriving them of revenue and compromising their intellectual property rights. CJCH have tackled this issue head-on and cultivated a bespoke solution for companies suffering from this invasion.

The purpose of this partnership with the Welsh Government is to leverage our thought leadership and create a central hub for Anti-Piracy and Cyber Security in Wales. We intend to bring global best practice into Wales while developing local talent as well. Our 2020 goal, is to have established 71 new jobs in this field, as well as contribute to making the United Kingdom and global digital community a safer and more secure environment. We will be partnering with local businesses and academic institutions, such as Swansea University, to cultivate development and training programs to support this initiative, with specialist content aligned to business needs.

Stephen Clarke, the CJCH CEO, stated “The modern world of digital liberty and innovation offers greater access to information and narrows the global divide. Unfortunately, the digital economy brings with it a growing sophistication in criminal activity. Without proper defences, digital piracy exposes businesses to uncontrollable risk and vulnerability. Our solution enables us to partner with our clients to establish a proactive (protection) and reactive (recovery) governance model. Our goal is to share this experience with the community and grow the local capability in cyber security.”

As of 6 March 2017, CJCH Solicitors has been awarded a £432 000 grant from the Welsh Government to support our active project to establish this new entity. Our objective is to aggressively drive the development of Cyber Security and Anti-Piracy enforcement in collaboration with skills development and knowledge transfer. Making Wales, and the UK, a more secure and impenetrable digital landscape.

For more information and updates, email us at ip@cjch.co.uk or engage with us via Facebook, twitter or LinkedIn.

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Compliance without borders

CJCH Solicitors is a law firm based in Cardiff, United Kingdom. The firm has grown substantially through a combination of a focused expansion strategy and key merger and acquisition projects. With collective legal experience spanning over 34 years, CJCH Solicitors is focused on dedicated solution development for both corporate and private clients.

The firm has developed a standalone Anti-Piracy and Compliance offering, which is coordinated by its team of experienced solicitors and compliance and research professionals. Compliance is no longer a tick-box function of corporate governance. Rather CJCH sees Anti-Piracy and Compliance as a dynamic element of the modern, digitally-aware organisation both in the UK and globally.

At CJCH we are committed to perfecting our compliance solutions to ensure that no client’s software or intellectual property is utilised without licence. We have grown our sphere of knowledge sharing and best practice development. Having recently hosted Attorneys from a leading American Law firm, our CEO and head of Anti-Piracy and Compliance embarked on a tour of partner firms in the Nordic and Baltic regions to share our compliance processes and learn from their local experiences.

The tour included visits with Njord Law in Copenhagen, a prominent Scandinavian law firm, as well as Sorainen in Latvia which was voted Baltic Law firm of the year for 2016.

(L to R) Stephen Clarke – CEO of CJCH Solicitors; Frederik Lindboe Refsgaard – Legal Assistant at Njord Law; Emma Whitehead – Dassault Systemes Lead Investigator, Baltic Region; Jeppe Brogaard Clausen – Partner at Njord Law.

(L to R) Steve Rees – CJCH Compliance and Enforcement Team Manager; Stephen Clarke – CEO of CJCH Solicitors; Agris Repass – Head of Intellectual Property of Sorainen in Latvia; Emma Whitehead – Dassault Systemes Lead Investigator, Baltic Region. Our objective in Latvia was to discuss our IP enforcement policies for the Baltics and in particular increased use of court procedures and raids on premises where businesses are using illegal software.

As illegal usage and piracy of our clients’ software continues to expand globally, so too does our focus on enforcing Anti-Piracy and Compliance on an international scale. The increased use of court authorised raids in particular has proved very helpful, playing a major part in increasing our recovery rate by over 50% in the recent year from €11.8 Million in 2015 to €18.6 Million in 2016.

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Announcements

Winner: Public Law Team of the Year 2022 – Wales Legal Awards

We are proud to announce that the CJCH Court of Protection team was named the Public Law Team of the Year in the 2022 Wales Legal Awards. Recognising the work they do with individuals who lack the capacity to act in their own best interests.

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Winner: Cardiff Life Awards 2019

With a dedicated focus on service excellence, and a passion for innovation the CJCH team was the proud winner of the best Legal and Financial Business of the Year in Cardiff for 2019!

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CJCH Solicitors appoints new Board member

Wales top 20 Law Firm and 2018 Financial and Professional Services Firm of the Year in the Cardiff Business Awards - CJCH Solicitors, has announced a major promotion in their leadership team welcoming Jodi Winter to their Board.

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Winner: Cardiff Business Awards 2018

CJCH Solicitors has experienced unprecedented growth and achieved important milestones over the last few years, all of which have culminated in the first half of 2018 being a prosperous year for us at the Firm and winning the Financial and Professional Services of the Year award.

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