In this weeks Impromptu Business Chat, James and Mark share the time management difficulties they’re encountering as they return to face-to-face meetings. Many people are, for the first time, managing their workloads and diaries with a mix of face-to-face and virtual meetings, placing new challenges and stresses. How do you overcome this? As usual, James and Mark come up with 3 top tips, cross-referring to musical links whenever they can!
If you are enjoying the series, we would really appreciate it if you could follow us on Apple Podcasts, Spotify, Audible, or wherever else you get your podcasts! If you have feedback, questions or think you might be a great guest on the podcast, please get in touch! Email the team at podcasts@larking-gowen.co.uk
An employment tribunal can decide whether to make a costs order. The recent case of Chadburn v Doncaster & Bassetlaw Hospital NHS Foundation Trust makes it clear that, in making its decision, the tribunal will not only consider what the claimant can afford to pay at the time the costs award is made but may take future income into account.
Background
Mrs Chadburn brought claims for unfair dismissal and race discrimination against her employer, an NHS trust. The employment tribunal considered the unfair dismissal claim was “reasonably pursued” but found that she had fabricated the discrimination claims so that the tribunal could hear her complaints for harassment.
The tribunal made a £10,000 costs award against Mrs Chadburn for unreasonable conduct, holding that the employer’s costs were increased by approximately £35,000 in defending the discrimination element of her claim (out of a total of £72,500 excluding VAT).
Despite evidence that Mrs Chadburn had limited means to pay, the tribunal made the costs award considering that she was 39 years old and would be likely to improve her financial position in her future years of work. The tribunal also noted that Mrs Chadburn’s future divorce was likely to improve her financial means.
Mrs Chadburn appealed, arguing that that her debts were greater than originally represented and that the tribunal should not have taken into account her future divorce.
Decision
The Employment Appeal Tribunal (EAT) dismissed her appeal. The award was made on the grounds that Mrs Chadburn’s financial position was likely to improve in the future, as she would be able to earn enough to pay it. The tribunal did consider that the future divorce might play a part in discharging the costs award but this was not their main consideration.
The EAT further held that the tribunal did not have to take Mrs Chadburn’s financial means into account at all. The question of costs did not have to be decided on what Mrs Chadburn could afford when the costs order was made and the tribunal was right to consider Mrs Chadburn’s future ability to pay.
Comment
This case does not establish new principles but serves as a reminder of how tribunals may exercise their broad discretion to make costs awards and do not have to make a precise assessment of what each claimant can afford. The decision also illustrates to employees the dangers of exaggerating or inventing claims, as the rules on costs can operate harshly against them.
Pure Resourcing Solutions (Pure) were delighted to hear they had won an award at the first annual Jostle Awards for their vibrant and engaging intranet receiving an enviable 80% or more engagement level each week. This award celebrates its people, and reflects its knowledge and values.
Launched in 2009 with a focus on employee engagement, Jostle provides cloud based intranet software to companies in 110 different countries with a quest to make workplaces more vibrant and productive. Jessica Hollander, Director of Marketing from Jostle said “As an organization Pure Resourcing Solutions exemplifies what it means to live your culture. This can only be achieved with strong vision and engaged leadership. The Jostle Awards allowed us to recognize their achievements, which we felt were extremely noteworthy. So much so, that Jostle created a unique culture award specifically for Pure, outside of the set awards categories. The Vibrant Culture Award – something Pure has demonstrated in spades.”
Gill Buchanan, Director from Pure said: “With offices in Cambridge, Chelmsford, Ipswich and Norwich, it is important for us to have a clear way of communicating internally and we have found Jostle to be a great way of doing this. Every member of staff contributed to this award as all are able to contribute, allowing them to share news and announcements, host instant group discussions and access the Jostle library which contains all our company information”.
For more information about Pure or their Jostle Award, contact Gill Buchanan on 01223 209888 or gill@prs.uk.com.
Fendercare Subsea Services have successfully completed their UXO project on behalf of Sandbank Offshore Wind, a joint venture from Vattenfall, one of Europe’s largest operator of offshore wind farms and Stadtwerke München, one of Germany’s utilities heavily involved in renewable energy.Unexploded ordnance (UXOs) are explosive weapons (bombs, shells, grenades, land mines, naval mines, etc.) that did not explode when they were employed and still pose a risk of detonation, potentially many decades after they were used or discarded.
The UXO project was conducted at the Sandbank offshore wind farm which is the second largest power generation project undertaken by Vattenfall and Stadtwerke München in the German North Sea. The operation itself identified 120 potential contacts of which 26 were highlighted as UXOs and disposed of in controlled environments.
Fendercare Subsea Services’ role as an operator was to relocate the contacts using state of the art surveying equipment, excavation of contacts using dredging tools on the Work class ROV, identification of contacts by qualified UXO experts and disposal by their experienced Explosive Ordnance Disposal team. Due to the controlled, ROV based disposal method and the robust safety approach of all parties, the operations were conducted without an incident in which the safety of personnel was at risk.
By having the means of identification and disposal on board at the same time, Fendercare Subsea Services were able to switch quickly between the two different types of operations, resulting in time and commercial savings for their client.
The Sandbank project area is located 90 kilometres off the coast of Schleswig-Holstein, and in total, 72 Siemens 4-megawatt class wind turbines will be erected there. With an overall capacity of 288 megawatts, the wind farm will start generating low-emissions power in the German North Sea in 2017.
Fendercare Subsea Services is a new division from the Fendercare Marine Group, bringing together established world class diving and Remotely Operated Vehicle (ROV) brands to provide solutions to their customer’s subsea requirements.
This successful Sandbank project was carried out as part of a joint venture between Fendercare Subsea Services and GSS Hansa Offshore GmbH. The joint venture enables the Group to provide fully compliant diving solutions and UXO identification and recovery in accordance with German Federal laws.
Martyn Muntingh, Fendercare Subsea Services Director commented “Working with GSS Hansa, we now have the capability to detect, identify, remove and dispose of the UXO’s using experienced and qualified personnel who bring an extensive portfolio of successful live operations to the fore. We are delighted with the success of this ground-breaking project which was completed safely without any incidents and proud of our involvement in supporting the Sandbank project.”
Norwich based IT solutions company Tiger Eye announce the appointment of Matthew Cleverdon as new director with responsibility for business development. Mr Cleverdon joins Tiger Eye from HP Autonomy where he was Subject Matter Expert Legal EMEA, and he brings twenty years of experience in the legal IT sector to the new role.
Matthew Cleverdon will be working with Tiger Eye director and founder Dave Wilson to continue Tiger Eye’s growth across the UK and into Europe. As Matt says
“My appointment with Tiger Eye is to build on Tiger Eye’s success by developing the business to offer more solutions, services and innovation to our customers and prospects.”
Dave Wilson added
” As compliance regulations become tougher, firms are finding they have to upgrade their IT systems and we want to continue to give the best advice. Matthew will help us do that”.
Before joining Tiger Eye, Matthew Cleverdon worked with the sales and marketing team at HP Autonomy advising legal clients across Europe and the Middle East on how to make the most of their systems. Prior to that, he was IT director and Partner at law firm Wright Hassall where he was responsible for the IT strategy of the business. Mr Cleverdon also has experience from his time as a consultant at Interwoven, software development at Wragge &Co and pre-sales at Greystone Systems.
The new principal and chief executive of the College has officially started his new role this week.
52 year old David Henley joins the College with an excellent track record in education.
Mr Henley – who is married with two daughters – has joined Easton and Otley having previously been the Principal of Bicton College in Devon for five years.
His first position in education was as a technician at Oaklands College in Hertfordshire, before progressing to teach engineering subjects.
Since starting out, the son of a farmer – who grew up in Yorkshire – has gained over 30 years in land-based education and training that includes ten years as Principal of Kinston Maurward College in Dorset.
Chair of governors, Sally Bendall, said “We welcome David to this region and are delighted to have him leading the way forward for the college. His agricultural background and leadership experience make him the perfect choice to continue to position Easton and Otley College as a front runner in land based education both locally and nationally.”
On his new role, David Henley, said “I feel privileged to be able to lead Easton and Otley College on the next chapter of an already impressive journey. I’m excited by the challenge ahead and can’t wait to get started. I would like to pay tribute to my predecessor (David Lawrence) and will be looking to make my own mark, whilst also building on the strong legacy that he has made.”
“I’m also looking forward to working in this wonderful part of the UK, establishing new friendships and partnerships in the local communities and business world, whilst building on the many solid links that we have in East Anglia and beyond.”
David will be taking over from interim principal, Christina Sadler. Christina said “I’ve enjoyed my time as interim principal and will be continuing to work hard to support David in his new role. He has an impressive range of skills and a superb knowledge of the educational sector. The college is delighted he has chosen to work with us as we set about continuing to make a positive difference to the lives of those who choose to study and work with us.”
“I would also like to thank David Lawrence OBE – the former principal of college- for his outstanding contribution to education and we wish him all the very best for the future.” she added.
David Lawrence had to step aside as Principal for health reasons earlier this year. A celebratory event to mark his 22 years at Easton (before the merger of Easton and Otley) and then Easton and Otley College will take place in June 2015.
Vice Principal, Clive Bound will also be stepping down from his role in July. A successor for Mr Bound – who has spent seven years in his role – has yet to be announced.
Law
firm Birketts’ Shaping Excellence Team has appointed another dedicated lawyer
trainer to meet client demand.
Maaike
Wall joins the team as a dedicated lawyer trainer specialising in employment
law. Maaike, who trained and qualified at Slaughter and May, brings not only
her knowledge of employment law to the training room but has also spent time
teaching in a secondary school so has the valuable ability to put across
complicated concepts in an accessible way.
The Birketts’
Shaping Excellence Team trains boards, senior leadership teams, line
managers and employees on all legal issues that impact an organisation ranging
from health and safety, data protection, how to navigate through commercial
contracts and a full suite of HR and employment law training.
A
particular area that organisations from all sectors are facing is the new duty
to prevent sexual harassment and the investigation skills required to deal with
complex grievance and disciplinary proceedings within the workplace. With
established courses and materials on these topics, Maaike will join the team in
supporting employers practically navigate through these issues.
Sam
Greenhalgh, who leads the Shaping Excellence Team and is a Partner in Birketts’
Employment Team, said: “We are absolutely delighted that Maaike has joined us
to build on the capacity needed to deliver unique learning experiences to
clients. We consistently receive outstanding feedback for our ability to
deliver a tailored course to delegates that adds practical value to their
day-to-day management of people and the organisation as a whole. With the
significant changes to employment law being implemented and proposed by the
Government, organisations are investing in their people to stay compliant and
up to date.”
Maaike
said: “This is an exciting time to join Birketts and particularly the Shaping
Excellence Team where I can combine my love of employment law and teaching into
one role. Employment law can be quite complex to navigate but the way the
Shaping Excellence Team structures its bespoke training adds real value to
clients’ day-to-day operations. I am excited to be part of it and I look
forward to supporting organisations choosing to invest in their people.”
Jeanette
Wheeler, Partner and soon to be Head of Corporate Services at Birketts, said:
“It is great to see that the Shaping Excellence Team continues to grow and
evolve to meet the needs of the modern-day workplace. I am thrilled that Maaike
has joined us, and I have no doubt that she will be an asset to the team
helping many delegates and clients with their training needs over the coming
months and years.”
Porkstock is back with the backing of more than a few Chamber members including organisersNorfolk Country Cottages, Redcat Partnership and Naked Marketing and sponsorship from Comms Supply, Breakwater IT, Signs Express and Grant Thorntons.
Porkstock is a free-to-attend celebration of artisan food and drink from across our region, and it’s all part of the Norfolk Food and Drink Festival.
The event will be at Redwell Brewery in Norwich on Saturday 25th July 2015 and is set to welcome thousands of people during the day to enjoy some great local food and drink. In 2014 the festival organisers made over £3,000 for two local charities and this year profits will support local charity Ormiston Families; you can find more details here www.ormiston.org
As well as more than 30 stalls selling food and drink from fantastic local producers, there will be music and dance, loads of games and activities for kids and grown-ups, and cookery demonstrations from top local chefs.
There will also be a fantastic opportunity during the day for mums and dads to get hands on with some pork butchery and sausage making workshops led by The Fruit Pig Company.
The kids’ zone will include creative activities for the ‘little piglets’, games to play and we also hope to have some real live magic and children’s entertainment too. And of course there will be plenty of street food treats (including vegetarian options) and wonderful craft beers, wines and soft drinks to enjoy throughout the day. So come along and join the fun.
The daytime event isfreeto attend and doors are open 9.30am – 5pm.
In the evening Porkstock turns into good old fashioned knees up. There will be music inside the brewery from CC Smugglers, The Vagaband and mariachi band “Beato Burrito”, plus lots more beer and tasty street food. This year will also see the creation of an electro-swing Gin Palace in a marquee at the back of the brewery, where The Goodtimes Republic will be airing some swinging beats to get everybody in the party mood. The evening is ticket only and they cost £15.00 each. Tickets are selling fast so be sure to visit www.porkstock.co.uktoday to buy your evening passes or to find out more about the free food and drink event.
If you would like a pitch at the daytime event be quick because there are only a few spaces left, so please visit the website today for more details. If you are as passionate about Norfolk food and drink as we are, we would love to have you on board.
We are also extremely grateful to all of our sponsors including Comms Supply, Breakwater IT, Grant Thornton, Charlie’s Food Heroes, Archers Butchers, Signs Express & Icarus Hines for their valued support without which we couldn’t make this all happen. We do have a few sponsorship packages still available if you are interested please get in touch.
Leathes Prior Solicitors has promoted a key member of their Wills Trusts and Probate Team, Tessa Bonser, to Associate level.
Tessa joined Leathes Prior as a Trainee Solicitor in 2008 and qualified as a Solicitor in 2010. She specialises in Wills and Estate Planning, Trusts, the Administration of Estates and matters relating to the Office of the Public Guardian and the Court of Protection including Powers of Attorney and Deputyships.
Tessa is a committee member of the Society of Trust and Estate Practitioners Norfolk and Norwich Branch and an Associate Professional Member of Solicitors for the Elderly. She is also a Trustee of a local charity offering counselling.
Hazel Gill, Head of the Private Client Team says:
“We are delighted to welcome Tessa back from her recent maternity leave as an Associate. Tessa is a highly talented and valued member of the Wills Trusts and Probate Team who has been very much missed by both her colleagues and her clients. Her promotion to Associate reflects the fact that Tessa is already a very experienced and skilled practitioner and we look forward to seeing her go from strength to strength.”
So it was February 2015 and the team at JMS were only just getting over the Christmas rush when we were approached by The DRTV Centre to discuss production of a festive TV campaignfor their client Santa’s Lapland!
Despite Christmas 2015 being quite some considerable time away, JMS was engaged to create two TV commercials of different durations using existing footage. With all the shots of sleigh rides, reindeer and of course Santa himself, it had us all feeling surprisingly festive for Spring!
Once we had completed the script and gained Clearcast approval we got on with the main edit and soundtrack recording of the commercials. This involved selecting the most striking images and creating graphics that tied in with the brand, as well as adding Christmassy music to complement the visuals.
The script is written from Santa’s point of view, so to avoid confusing children with a multi-Santa scenario we had to find a narrator who was not only jolly but who also had a convincing Finnish accent to match the European footage – needless to say a bit of a challenge! However we rose to the task and cast an accomplished voice artist who specialises in Santa, who after careful auditioning came through with the perfect voice for the campaign.
With a strong call to action urging viewers to visit the website or call for November and December bookings, the 60″ ad airs nationally from 26th May 2015.
Leathes Prior is delighted to welcome new member of staff Marija Markovic to its growing Corporate and Commercial Team.
Marija studied for her law degree at the University of East Anglia and trained at a local firm before joining Leathes Prior. Previous to studying the law, Marija worked for the UK’s largest insurer as a sales coach for over 10 years. This experience has given Marija commercial awareness and the ability to provide the client with a great level of service.
Marija can assist with a range of Corporate and Commercial matters including buying or selling businesses and companies and general company, commercial and contractual issues.
In her spare time, Marija enjoys music, travelling and spending time with friends and family. She sings and will often perform at gigs or weddings. Marija is passionate about keeping fit and enjoys participating in such events at Tough Mudder, Spartan and The Devil’s Challenge.
Paul Warman, Head of the Corporate and Commercial Team says:
The team has experienced a phenomenal increase in transactional work over the past twelve months. Following the recession, there has been a shortage of people qualifying into this area. We were therefore delighted when Marija approached us and I am very pleased that she will be able to assist the Team in continuing to provide the service our clients expect from us. Just so long as she doesn’t want me to take part in Tough Mudder, Spartan, or The Devil’s Challenge.
A Court of Appeal decision in March 2015potentially opened the floodgates to claims from individuals for data protection breaches.
Over the past few years, the Information Commissioner has made significant use of its powers to levy fines on businesses and other organisations. However, the Information Commissioner has no powers to grant compensation to the individuals affected.
The Data Protection Act (DPA) has always provided a route for individuals to seek compensation for damages that they suffer as a result of a breach of the DPA. However, there have been relatively few claims brought. This is largely because it is relatively rare that individuals can point to any firm financial losses that they have suffered as a result of the breach. The DPA restricts the ability to claim compensation for distress caused by a breach, unless it is also possible to establish a financial loss.
However, the Court of Appeal has now determined that this restriction in the DPA fails to comply with EU law and as such, has effectively removed the hurdle and allowed individuals to claim compensation for distress caused by a breach of the DPA, even where there is no financial loss.
Many breaches of the DPA, such as loss of credit card details or tracking of internet browsing, for example, affect many thousands of individuals. To date, it has been difficult to bring a claim on behalf of these individuals, as there is rarely any financial loss (credit card companies will refund individuals for fraudulent activity). However, this change to the interpretation of the law opens up the possibility of these affected individuals claiming compensation for the distress caused by the misuse of their personal data.
Individually, such claims are unlikely to be significant, perhaps £500 to £1,000, but multiplied across many thousands of affected individuals, the impact for business could be substantial. There would at least be a certain irony if in the future we see claims companies seeking to entice us all to recover losses that we have suffered from data protection breaches!
Although we understand that Google, the defendant in this case, is seeking to appeal this decision to the Supreme Court, there are, in any event, plans for a new European law on data protection which will further strengthen individuals’ rights and substantially increase potential fines for breaches.
Although most businesses are now aware of the importance of protecting personal data, compliance is rarely high on the agenda and there continue to be many breaches of the law. Very often breaches are a result of businesses failing to sufficiently raise awareness of data protection obligations within their business.
For more information on data protection compliance, please contact James Tarling, DirectorinSteeles Law’scommercial team,on jtarling@steeleslaw.co.uk or 01603 598025. James will also be giving practical advice on how businesses can ensure their compliance with data protection laws at a free ChamberSession – Be Better at Personal Data -on 7 July.