Be in with a chance to win a meal at one of the Raffles Restaurants of your choice( Pinocchios The Library, St Benedicts or Pulse WITH a Magnum of champagne And a Jarrold Pamper Day (Value £200)
By ordering off our special Best of British Dessert menus, delights such as Gooseberry and Elderflower fool,with a shortbread biscuit or Necterine and sherry trifle, summer pudding, or our special Olympic Torch dessert!
For further details www.rafflesrestaurants.co.uk
The EU has signed an ambitious and comprehensive Trade Agreement with Colombia and Peru. Once fully implemented, the agreement will open up market opportunities for a number of key export industries in the EU which will be able to benefit from the removal of tariffs.
The Commission estimates that the trade deal will relieve EU exporters of €270 million (£217 million) in duties each year. It will eliminate tariffs in all industrial and fisheries products, increase market access for agricultural products and improve access to public procurement, services and investment markets.
The agreement will also further reduce technical barriers to trade and establish common disciplines including, for example, on intellectual property rights, transparency and competition. In addition, it will allow for the protection of over 100 EU geographical indications for foodstuffs on the Colombian and Peruvian markets.
A number of sectors are due to benefit. For example, it is estimated that the automotive and car parts industry will reap over €33 million (£26.5 million approximately) in tariff reductions, whilst the chemicals and textiles industries should benefit from reductions in the region of €16 million (£12.8 million) and €60 million (£48.2 million) respectively. Other noticeable tariff reductions will be in pharmaceutical and telecommunications products.
By opening up the EU market to exporters from Peru and Colombia, the agreement is expected to have a direct impact on growth and jobs in these countries and contribute to the sustained move up in the value chain of their economies.
The proposed deal also includes an agreement on the protection of human rights and the rule of law as well as commitments to implement effectively international conventions on labour rights and environmental protection. Civil society organisations will be systematically involved in the monitoring of the implementation of these commitments, which will also be subject to an arbitration system.
All EU Member States are parties to the agreement and have already signed it. This signature allows for the formal ratification procedures to kick off in the EU as well as in Colombia and Peru.
The European Parliament (EP) will be the first to act by voting on consent this year while Member States’ Parliaments are expected to adopt the text at a later stage. In the meantime, the Trade Agreement will be provisionally applied between the parties – provided EP consent is granted and ratification procedures are also concluded in Colombia and Peru.
More about EU-Andean trade relations including the full text of the Peru and Colombia Trade Agreement can be found here.
Find out more at one of our Social Work Information Sessions:Monday 16 July at 12.30pm – also repeated at 6.30pm Venue: Thomas Paine Study Centre, UEA
Social Work training at UEA has long been one of the most highly regarded in the country:BA Social Work – three yearsMA Social Work – two years
Social workers exercise care for vulnerable people, children, teenagers, frail older people, disabled people, and people with mental health problems or addictions. The demands are high but so is the satisfaction of knowing that you are using your knowledge and skills to the full, for the benefit of the community.
September 2012 applicants can apply for a social work bursary via the NHS Business Services Authority.
Benefits for both routes: – Students enabled to attain professional status as qualified social workers. – Emphasis on reflective practice and practical placements. – Excellent employment prospects across the statutory, voluntary and private sectors.
Course enquiries: T 01603 591515 E enquiries@uea.ac.ukwww.uea.ac.uk/swp
There has been a further significant development in the long-running saga of the interplay between an individual’s right to take annual leave and their need to take sickness absence.
It is well established, as a result of a number of decisions by the European Court of Justice (ECJ), that an individual’s right to take annual leave enshrined in the European Working Time Directive (2003/88/EC) is distinct from their need to take sickness absence. It is now clear that an individual’s holiday entitlement continues to accrue during periods of sickness absence, and that an employee who is absent due to sickness and is unable to take holiday has the right to take it at a later date (or to be paid in lieu of the holiday if their employment is terminated).
Does it matter when the period of sickness starts?
Until recently, it was not clear whether or not an employee is entitled to take annual leave at a later date regardless of when they fall sick, whether they fall sick before the period of leave is due to start or fall sick during a period of leave. The ECJ has now given its judgment in the case of Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others (Case C-78/11 ECJ).
The ECJ has made it clear that the point at which a worker’s sickness arises is irrelevant; a worker is entitled to take paid annual leave which coincides with sickness at a later time, irrespective of the point at which the incapacity for work arose. If necessary, and in accordance with the ECJ’s previous decisions, a new period of annual leave may be scheduled outside the normal reference period for holiday (i.e. beyond the holiday year).
Carrying forward holiday
The ECJ has also recently held that the period in which unused holiday can be carried forward must be “substantially longer” than the reference period. In KHS AG v Schulte (Case C-214/10 ECJ) it held that a carry-over period of 15 months was sufficient; in Neidel v Stadt Frankfurt am Main (Case C-337/10), a period of nine months was held not to be sufficient.
In the UK, we currently have two conflicting decisions from the Employment Appeal Tribunal (EAT) on the issue of whether an individual can carry forward their unused holiday entitlement to a subsequent holiday year, even if they have not requested to take a period of holiday during their sickness absence. One of these decisions, Larner v NHS Leeds, in which the EAT held that it was not necessary for the employee to give notice of her request to take annual leave, has been appealed to the Court of Appeal and judgment is expected shortly.
Amendments to the Working Time Regulations
In 2011, as part of its Modern Workplaces Consultation, the Government consulted on its intention to amend the Working Time Regulations 1998 to take into account developments as a result of ECJ decisions. We can also expect guidance for employers on dealing with the issue of sickness absence coinciding with annual leave. It had been suggested that the amended Regulations would take effect in 2012, but as the draft Regulations have yet to be published, it now appears unlikely (although not impossible) that we will have the amendments in place this year.
In the meantime, employers should be aware that employees who fall sick before or during a scheduled period of annual leave should be permitted to take the holiday at a later date, even if this means carrying it forward to a new holiday year. Employers should ensure, however, that employees follow the usual procedure for reporting sickness absence, even if they are on holiday. Employees should be required to self-certificate or provide a doctor’s certificate to cover their period of illness.
Employment law experts from Steeles Law will be examining this topic in more detail, together with a number of other ‘tricky issues’, in the forthcoming HR Forum which is taking place at Dunstan Hall on 12 September 2012, from 2pm
The British Chamber of Commerce’s energy survey goes live today.
The survey will help us better understand the impact of volatile energy costs, the measures businesses have taken to reduce their energy usage, and the relationship between businesses and their energy suppliers. It will also test the perception of recent government regulations. We can use this knowledge to put continued pressure on the government to support businesses in this area.
The survey only takes 10 minutes to complete. To take part in the survey click here.
Commenting on reports that the government’s consultation on aviation capacity will be delayed, Caroline Williams, CEO Norfolk Chamber of Commerce, said:
“The government has spent years working on a strategy for UK aviation, so reports that there will be yet more delays beggar belief. Businesses are tired of indecision and equivocation on aviation. Ministers can’t tell businesses to look for new opportunities in emerging markets like Brazil and China, and then fail to provide the basic infrastructure needed to get there.
The consequences of inaction are stark. If the government does not act swiftly to increase capacity in the South East, strengthen our regional airports, and support the development of more connections to emerging markets, the UK will lose both investment and jobs. Our research shows that business leaders in high growth or emerging economies see direct air links as vital to maintaining the UK’s prospects in global markets. Nine out of ten (92%) of these business leaders say direct flights influence their inward investment decisions; while eight in ten (80%) say they would trade more with the UK if flight connections were improved to their home markets.
Trade with fast-growing markets requires Britain to have a strong, resilient hub airport. New runways, at Heathrow and elsewhere, will be required to safeguard the UK’s status as a global aviation hub in both the short and long term.
Continued delays only put the UK further at a competitive disadvantage. Aviation strategy must be at the heart of a credible plan for growth, not a political football.”
Vicki Mitman, a solicitor in the firm’s Franchising team, recently attended the bfa Affiliate and Midlands Regional Forums. The bfa works closely with its members and affiliate members to help advance knowledge and expertise within the franchise industry and acts as the voice of ethical franchising in the UK providing information and advice to businesses looking to expand their current operations through franchising and to people considering joining a franchise. At forums, bfa members and professional advisors share information and ideas along with discussing current market trends and debating certain “hot” topics.
At the forums last week the following issues were discussed:
– How to grow franchising
– What franchisors do to launch a new franchise
– How to motivate franchisees in a mature network
– How franchisors use their networks to help them recruit new franchisees
– Review of the bfa Annual Conference (21/22 June 2012) – including ideas and discussion topics for the next annual conference.
– Update on the bfa/NatWest survey – the survey monitors the performance, attitude and opinions within the franchise industry. The survey revealed that the annual contribution to UK turnover within the franchising industry is now £13.4bn and that there are 929 active franchises. Both the annual turnover and the number of active franchises have increased quite considerably from 2011.
– bfa News and Update – including the launch of franchisee membership and the upcoming roundtable discussions and social evening on 19 July 2012
Leathes Prior is an affiliate member of the bfa and has specialised in franchising for over 30 years.
With the UK economy struggling to get off its knees and many businesses working tirelessly to compete in tough trading conditions, a sharp hike in your annual insurance premium can feel all the more painful.
This is however the situation for many businesses in the UK with the average motor insurance premium increasing by an average of 55% since 2009, hitting the pockets of even the most careful drivers with clean licenses and a healthy no claims bonus. Leading motoring organisations have laid the responsibility for these price rises on fraudulent insurance claims, taxes and legal fees.
Hugh J Boswell Director, Peter Foster explains: “In recent years there has been a significant rise in personal injury claims arising from road traffic collisions, despite there being fewer casualties from such accidents. With up to 70% of these related to whiplash injuries, it is widely reported that insurance companies are in fact paying out more than they are collecting in premiums. This in turn has led to a steep increase in insurance costs for the customer. The question and concern surrounding the percentage of whiplash claims which are either fraudulent or perhaps exaggerated, has led to many within the motoring industries to call for government intervention to stem the flow of unjustified and unreasonable claims.
A recent House of Commons Transport Select Committee inquiry into car insurance, found that one of the main factors affecting the market is the aggressive approach of some personal injury law firms, which encourage claims, even in cases where an injury may not have occurred. The inquiry concluded with a number of actions and proposals to halt escalating UK motor insurance premiums.
These recommendations include a ban on referral fees to secure business in personal injury cases. Legislation for this has been brought forward and is now with the House of Lords. New standards are also proposed relating to the evidence required and damages payable for whiplash claims. The Office of Fair Trading (OFT) has called for further evidence to establish the background to the reports of rising insurance premiums and whether further work may be necessary to improve the effectiveness of the market.
Many whiplash claims are of course genuine and some argue that those victims will suffer further as a result of this legislation. Some also question whether savings will be passed on to the customer by the insurance companies.
In conclusion, there is positive change afoot to address the issue of rising insurance premiums and the financial burden falling at the door of the innocent motorist, but in all circumstances the first priority to protect your business from unnecessary cost is to ensure you have the appropriate insurance cover in place.
Peter says, “The sale of seemingly cheap ‘one size fits all’ commercial insurance packages offering stripped down, basic cover, without addressing specific business needs, is a growing concern for us as responsible insurance brokers because businesses could potentially be left uninsured, or with unsuitable cover in place. We always recommend companies speak to a broker that understands their specific business needs and can provide the correct level of cover.”
Commenting on the manufacturing output figures for May, published today by the ONS, Tracey Howard, International Trade Director at the Norfolk Chambers of Commerce, said:
“While most expected the latest manufacturing output figures to record stagnation or a decline, they show resilience from manufacturers despite a difficult economic climate and a crisis in the eurozone. Taken together with the latest trade statistics, they show that pessimism about the UK’s economic prospects is unwarranted.
“Longer-term trends in manufacturing are still disappointing, and the global economy shows signs of slowing. Manufacturers are adjusting to a new reality with weaker growth prospects while the government continues with measures to reduce the deficit. But British businesses have considerable potential to make progress, even in tough circumstances. It is down to the government to help them realise this.
“The economy can move from a vicious to a virtuous circle. The government must create confidence and growth through aggressive deregulation, infrastructure spending, and the creation of a state-backed business to increase lending to new and growing businesses.”
Commenting on the trade figures for May 2012, Tracey Howard, International Trade Director at the Norfolk Chambers of Commerce, said:
“The trade deficit shrank in May, with underlying export volumes increasing by 6.6% on the month, and imports rising by only 1%. We shouldn’t place too much emphasis on one month’s figures, but the strong improvement in May comes after a disappointing figure in April. Unusually, UK exports to non-EU countries were higher than exports to the EU. This shows that exporters are adjusting to global reality, as growth in the eurozone continues to stagnate, and the main opportunities for our exporters will remain outside Europe.
“So far, the rebalancing of the UK economy towards exports has been too slow. But if this positive trend continues, the unjustified pessimism surrounding the economy will be dispelled. British exporters have huge untapped potential, but they need the government to do more to help them compete globally. Bold action in areas such as trade finance and insurance, the creation of a business bank and commitments to improve infrastructure would help to drive growth in UK exports.”
Retro Arcade returns to The Forum, Norwich and we’re throwing down the gaming gauntlet for a special corporate evening.
Has your finance department got what it takes to trounce the admin staff at Space Invaders or Mario Bros?
Let us treat you to drinks and snacks as you take a nostalgic trip through gaming history.
If you would like to join The Forum staff for this complimentary networking event, please speak to our business development team to book a place.
Peter Marron 01603 727976
Rachel Harrison 01603 727966
Plus, bring a business card for the chance to win a Nintendo 3DS console from Game.
*Places must be confirmed in advance.
Event runs 5pm – 7.30pm
Retro Arcade 3 is presented by The Forum Trust with thanks to Adnams and Game
Steeles Law Head of Real Estate Michael Fahy and Trainee Solicitor Laura Tanguay consider the Court of Appeal decision of Helena Partnerships Ltd v HMRC [2012] EWCA Civ 569 regarding the charitable status of housing associations.
Last month, the Court of Appeal unanimously dismissed an appeal by housing association, Helena Partnerships Ltd (“HPL”), against a decision that it was not established for charitable purposes only; the upshot of which being that it did not qualify for a £6 million refund of corporation tax paid on rents received pursuant to the charitable exemption.
In 2001, HPL changed its memorandum and articles so that its objects included activity carried out by a social landlord “for the benefit of the community”. Later, in 2004, HPL became a registered charity. The issue on the appeal was whether HPL had been established for charitable purposes only in the period of 2001 to 2004; if held to be a charity, it could claim back a substantial amount of corporation tax paid during this time.
Held
The Court held that HPL’s objects were not exclusively charitable. Providing social housing was not, in itself, enough to establish HPL as a ‘charity’. Although it’s activities were said to be carried out ‘for the benefit of the community’, they were not limited to this as some of the housing stock was rented to private individuals who were not considered to be ‘in need’.
Lloyd LJ went on to say that the provision of housing accommodation, “otherwise than for those in some relevant charitable need”, was not a purpose “within the spirit and intendment” of the preamble to the Statute of Charitable Uses 1601. In order for a housing association to come within the scope of the preamble it was considered that the provision of housing would need to be restricted to the relief of need.
Comment
It is not sufficient for an organisation to assert, or for its governing document to state, that its activities or operations are to be undertaken for the benefit of the community. More is required and its purposes must fall within the scope of the preamble to the Statute of Charitable Uses.
If you require advice on any issues raised in this article please contact Michael Fahy on 020 7421 1720 or mfahy@steeleslaw.co.uk