There has been much debate about the demise of HMV and Blockbuster. These two high street entertainment giants were once at the heart of our retail world, much like the mighty Woolworths who were the first of the giants to be slayed over the holiday period of 2008 – 2009.
Some say HMV and Blockbuster should have moved with the times, and that they did not do enough to adapt to their changing customer needs. Whatever the reason for their demise, the harsh reality is that thousands of people face unemployment -irrespective of who or what contributed to the downfall of these retail giants. Between them, HMV and Blockbuster have over 8,000 employees who are facing redundancy.
When administrators are called in, the process is often quite brutal for employees. The knowledge that your employer is in financial difficulty and that your job may not be secure often leaves the employee in a difficult position. In such situations, many employees are made redundant and left feeling that their views and suggestions have not been adequately taken into account or even heard. When it is proposed to make 20 + employees redundant, the affected employees have a legal right to be consulted with. If you fall into this category and have NOT been consulted with then do let us know.
Leathes Prior are willing to meet with the employees of HMV and Blockbuster, or indeed any employee who has been / is being affected by the insolvency of their employer.
Norwich International is delighted to announce that commencing from 4th April; tour operator OSKA-TRAVEL, a member of KENBA Group International will be operating 7 night escorted tours around the Turkish Riviera every Thursday in April.
The luxury break includes guided tours to Antalya, Kemer, Pamukkale, Tava & Perga, overnight accommodation in luxury 4 & 5 star hotels and a buffet breakfast with prices ranging from £249 up to £299 depending on dates. Passengers can have full confidence in their booking as the whole charter is ATOL protected.
Andreas F Forsthuber, Director KENBA Group said “We are really excited to add a regional airport such as Norwich to our portfolio. At KENBA Group we have handled more than 60,000 passengers from 6 different countries in 2012. This high passenger volume together with the support we have experienced from the Turkish tourism industry gives us the opportunity to make low budget trips of a high standard available to the people of East Anglia and to give them more choice from their local airport. We are sure that the region will love this tour. It might well be their first – but it will definitely not be their last trip”.
Andrew Bell, CEO at Norwich International commented “We are delighted that OSKA-TRAVEL have selected to operate their low cost luxury charter breaks from Norwich this April and we are certain this popular destination will prove a hit with our customers. This development further demonstrates the strength of the growth in charter flights from Norwich International this year – our customers now have over twenty direct sun and city destinations to choose from with some of the leading tour operators and airlines”
Mine Aslan, Commercial Director CORENDON Airlines “We look forward to the cooperation with NWI Airport as only with their substantial support are we able to offer this kind of low budget charter services and we hope, that we will have the opportunity to add more flights at a later stage”.
Construction Training Specialists Ltd have one of the widest portfolios of construction based qualifications in the Eastern Region. We have expertise in delivering courses from entry level through to supervisory and management all of which are across a plethora of skill and trade areas. Our flexible approach to industry allows us to move with trends and react to our customers’ needs immediately anywhere within the East of England.
Our Mission Statement: “CTS Limited is committed to raising the skill level of all learners who wish to develop a successful career in the construction industry, doing so by providing a first class delivery and training experience”.
One of our main strengths is the way in which we work with employers to increase the numbers of apprenticeships on offer to young people in this area. We are currently working with over 80 young apprentices and their employers to give them the skills, knowledge and experience to start their careers in the construction industry.
It is our partnerships with other organisations such as Adult Education, Broadland Council Training Services and Construction Skills that enable us to offer funded training to the unemployed, self employed and employed people, with many qualifications and courses on offer to help people achieve recognised qualifications to further their career options.
Funding available for Apprenticeships and Experienced Workers see attached information leaflet for further information.
The Employment Appeal Tribunal finds that a dismissal for redundancy following maternity leave was not necessarily unfair. Employment solicitor Sam Greehalgh and trainee solicitor Laura Tanguay report.
The claimant in this case was employed part time as a manager in the respondent company’s sales and marketing department. The claimant went on maternity leave and upon returning to work she was asked to attend a meeting with her manager. During the meeting, the claimant’s manager was alleged to have said: “I will cut to the chase on this one … as you have been off for what is it, a year or so and we have managed without you we are considering making the position of part-time marketing manager or whatever redundant. Your work has been absorbed by other members of your team”. The claimant was subsequently dismissed for redundancy.
The claimant brought claims for unfair dismissal and discrimination on the grounds of her maternity leave.
The employment tribunal concluded that the claimant had been unlawfully discriminated against and unfairly dismissed because the reason for dismissal was connected to the claimant’s maternity leave; she was the only person singled out for redundancy.
The respondent appealed to the Employment Appeal Tribunal (“EAT”).
The EAT Decision
The EAT upheld the respondent’s appeal and remitted the case to the tribunal for a further hearing.
According to the EAT, the tribunal erred in concluding that there was a discriminatory dismissal, as it failed to ask the relevant questions, namely: (a) whether the reason or principal reason for dismissal was redundancy; (b) whether the circumstances of the redundancy applied equally to employees holding similar positions who had not been dismissed; and (c) whether the reason or principal reason for the dismissal was connected to the fact that the claimant took maternity leave.
The EAT was satisfied that both (a) and (c) applied in the claimant’s case, but it referred the matter back to the tribunal to deliberate whether (b) also applied. The tribunal needed to consider the precise job descriptions and work carried out by the other three members of the department, to determine whether the claimant should have been pooled with those individuals rather than being singled out for redundancy.
Comment
The scenario that arose in this case is not uncommon, but employers should always tread carefully in carrying out a redundancy exercise involving individuals who are pregnant or on maternity leave.
If a redundancy situation arises during an individual’s maternity leave, that individual must be properly consulted with along with any other affected employees. It is not the case that employees on maternity leave are exempt from being made redundant; however, they have the right to be offered alternative employment in preference to other redundant employees, where any is available. ACAS recently published a guide for employers on managing redundancy for pregnant employees or those on maternity leave, which is available on their website.
We have just finished designing a new website for the Norwich based, social enterprise, Norfolk Industries. Its a great business that employs people with various disabilities to produce recycled pet bedding products. They are going from strength to strength with new retail contracts coming in. The new website promotes their product range and Hank!
Michael Fahy and Trainee Solicitor Robert Hickford consider the case of Charles Terence Estates Ltd v Cornwall Council [2012] EWCA Civ 1439 regarding the sub-letting or licensing of social housing.
Facts
Restormel Borough Council (‘Restormel’) and Penwith Borough Council (‘Penwith’) were Cornish local housing authorities. They each entered into arrangements with Charles Terence Estates Ltd (‘CTE’) in 2006/2007 under which CTE purchased properties and leased them to Restormel or Penwith, who in turn sublet or licensed them to vulnerable people who were in priority need of social housing.
There were no issues until April 2009. On 1 April 2009, Restormel and Penwith ceased to exist as they were united under the ‘Cornwall’ Council, who took over their rights and liabilities. Cornwall reviewed the CTE arrangements and in July 2010 stopped paying rent, although continued to occupy and use the properties to house vulnerable people.
CTE commenced proceedings for recovery of the unpaid rents. Cornwall defended the claim, raising a number of defences, including assertions that Restormel and Penwith had breached fiduciary duties owed to their council taxpayers with the result that the leases were ultra vires (outside of their powers) and void. Cornwall argued that this was due to Restormel and Penwith failing to consider the standard market rent rates.
Court of Appeal Decision
CTE appealed to the Court of Appeal and in upholding its appeal, it ruled that:
the leases were not void;
there was no fiduciary breach; and
even if there had been, the leases would still not have been void.
The Court stated the breach would have had to be under section 17 of the Housing Act 1985. This only required rents to be at a ‘reasonable price’, and at no point did the act place any value on what would be considered reasonable. The Court stated that it would be dangerous for it to determine what value would be considered reasonable, as this would throw into question any financial decision taken by Councils and similar bodies. More specifically to this case, there had been no expert proof that the rents were not ‘market rate’. The Court also held that even if this was a breach of duty, this does not in any way mean the Council did not have the capacity to enter into the leases, so whilst a breach could have other consequences, the leases would still stand, and rent would be due. The case of Credit Suisse v Allerdale Borough Council [1996] QB 306 was cited as evidence for this point.
The Court did not want to allow historic breaches being used as a defence in this way. The time limit would have long ago expired for challenging the Council’s decision to enter into the leases, and throughout the entire process, CTE had acted in good faith.
More and more businesses and young people are realising that Apprenticeships aren’t only limited to traditional fields. Norfolk County Council in partnership with training providers at the College of West Anglia, City College Norwich and Broadlands Training Services, has received a great response to its recent Apprenticeships Norfolk scheme. The fund will see up to 400 apprenticeships in small and medium-sized businesses created over the next two years thanks to £3.5m in funding from the county council.
This significant investment seeks to create apprenticeships in sectors which are creating jobs for the future with a particular focus on: – engineering, energy, advanced manufacturing, hospitality and tourism, creative industries, health and social care, agriculture and food and drink. Employers within the target sectors, who qualify for funding from the scheme, can receive up to £10,000 when they take on an apprentice. This funding provides a real helping hand for small and medium employers in Norfolk to grow their businesses.
Alison Thomas, Cabinet Member for Children’s Services at Norfolk County Council, added: “This scheme will create many interesting and valuable opportunities for young people exploring their choices and wondering what next steps to make. Norfolk young people seeking employment face many barriers in the current climate and we hope that this significant investment will help them take their first step into employment. We are very excited to see this begin to make a difference to the lives of young people in Norfolk.”
Elli Chapman, Director of Culture Works East said: “When I heard about the fund I thought it was a fantastic idea and something I passionately wanted to get involved with. Culture Works already support a number of young people in entry level roles within our company, it is important to invest in our sector. I started my career by being mentored and learning on the job after leaving school at an early age with very few qualifications. This was definitely the best route for me as it was a way of learning and earning at the same time. I want to pass this valuable experience on to potential apprentices within my own organisation.”
For more information regarding the scheme and to see if your company could benefit from this funding, please contact the Employer Partnerships team at City College Norwich by email on employerpartnerships@ccn.ac.uk or by telephone on 0800 328 3616
Professional Support Lawyer Elizabeth Stevens looks ahead at the changes to employment law expected during 2013.
The year ahead looks set to be an extremely busy one, with a large number of changes to employment law due to take place as a result of the Government’s plan to reform and simplify existing employment legislation.
Employers will need to take note of the following key developments (some dates are still to be confirmed):
February 2013
New tribunal award limits take effect from 1 February 2013, including an increase to a week’s pay from £430 to £450 and the upper limit for unfair dismissal compensation increasing from £72,300 to £74,200 (see our briefing).
March 2013
Increase to the number of weeks of parental leave available for parents under the revised Parental Leave Directive, from 13 to 18 weeks per child, due to take effect by 8 March 2013.
Introduction of online checks with the new Disclosure and Barring Service (formed following the merger of the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA)).
April 2013
Various changes to be introduced under the Enterprise and Regulatory Reform Bill (likely to be from April), including:
All tribunal cases to be submitted for conciliation to Acas first.
Repeal of the third-party harassment provisions in the Equality Act 2010 (see our briefing).
Repeal of the obligation on an employer to respond to discrimination questionnaires under the Equality Act 2010.
New power to the Secretary of State to amend the maximum amount of the compensatory award in claims for unfair dismissal.
Compromise agreements to be renamed ‘settlement agreements’, with a new Acas Code of Practice on settlement together with a model agreement and standard letters.
Pre-termination settlement negotiations to be excluded from being used in evidence at tribunal hearings.
Introduction of the new “employee-shareholder” status, whereby certain employment rights are surrendered in exchange for shares, under the Growth and Infrastructure Bill (see our briefing).
Reduction in minimum consultation period for collective redundancies affecting 100 or more employees, from 90 days to 45 days, with effect from 6 April 2013 (see our briefing).
Increase to the standard rate of statutory sick pay (SSP) from £85.85 to £86.70 per week, with effect from 6 April 2013.
Increase to the standard rate of statutory maternity pay (SMP), statutory paternity pay and statutory adoption pay from £135.45 to £136.78 per week, with effect from 7 April 2013.
Also likely in 2013 (date to be confirmed)
Fees for issuing tribunal claims introduced, the applicable rate to depend on the complexity of the case (see our briefing).
New employment tribunal Rules of Procedure to take effect (see our briefing).
The Steeles Law employment team will be looking in more detail at these changes, as well as looking back at important developments over the previous year, at our forthcoming Employment Update breakfast seminar, due to take place on 21 March 2013. Please check our website or contact us for further details.
For any employment enquiries please contact the Steeles Law employment team on employment@steeleslaw.co.uk or 01603 598000.
Wymondham College is on the hunt for Business Mentors to help out with their Entrepreneurship Elective, which is a course that is run for Year 9 and 10 students.
Since September 2012, students have been undertaking a structured, 12-unit course covering all aspects of Business, from Strategy to Finance, Risk Management to Marketing. At the end of the Spring Term, students will work in groups to develop a Business Plan which they then ‘pitch’ to potential mentors. The mentor’s role can be light-touch or more involved – they act as a source of guidance and advice for students as they attempt to set up their own enterprise during the summer term of Year 9 and the whole of Year 10. The aim of the Elective is to help students to work independently, give them opportunities to learn things they wouldn’t in a GCSE course, collaborate with others both in and outside of the college, and to have fun doing something that is a bit different!
Norwich International Airport’s popular travel show returns to the airport terminal building on Saturday 19th January from 9am to 3pm with free entry and free parking for all visitors in the short stay car park.
The event, now in its fourth year, is a great way to start planning for your 2013 holiday and offers local holidaymakers the perfect opportunity to meet and talk with tour operators and airlines flying from Norwich International and to pick up brochures including Fly Norwich 2013 which is being launched at the event.
Over 30 tour operator, airline and business stands including local hotels, and flying schools will be on hand throughout the day to chat, offer first-hand destination and product advice on their Norwich departures.
There are also great opportunities to save money with exclusive offers and fantastic booking incentives available on the day including 5% off and free Norwich airport parking for all holidays booked.
Plus, the chance to win fabulous prizes in the Grand Draw being held at 2.30pm with the main prize a fabulous holiday for 2 to Lake Garda, other prizes in the draw include; short break to Isle of Man, return flights to Aberdeen, holiday vouchers, flying lessons and much more.
Additional free to enter competitions will be taking place throughout the day with many more great prizes to be won.
A must visit event for all your travel needs from Norwich International!
Electrical engineering company Dabbrook has completed a $1.25m deal to supply a solar power system for a new offshore oil platform in the Gulf of Suez.
It is the biggest single contract in a 30-plus year history for the Great Yarmouth-based company. And it believes that this deal will lead to many more similar projects around the world.
The project incorporates more than 200 square metres of solar panels, creating a 36KW photovoltaic array, to be installed between the helideck and lower deck of the Hilal B platform off Egypt.
Cairo-based Enppi is building the new platform for owners GUPCO (Gulf of Suez Petroleum Company) in Alexandria and contracted Dabbrook for the concept, design, engineering and build of the modular solar power system. It includes six substantial battery banks together with a main DC charging and distribution panel and an AC panel consisting of inverters and motor starters.
“It’s a prestigious order for us and was won against stiff competition over 18 months of talks,” said Dabbrook director and founder Stuart Smith.
“There are many environmental and cost benefits to the solar system and no need to transport fuel, as with more traditional rigs using diesel-powered generators,” said Mr Smith.
“We are specialists in concept-to-build projects, constructed on our own site and based on 30 years offshore experience around the world in the petro-chemical industry.”
The Hilal project cargo is being shipped to Egypt later this month where Dabbrook will assist with the commissioning.
In a separate deal, Dabbrook’s parent company Tideland has won the contract to supply navigation lights – built by Dabbrook – also for the Hilal B platform.