Certitude is a charity based in Balham which runs mental health and learning disabilities social care services.
I was asked by their senior staff, directors and HR personnel at the charity to help them understand more about TUPE* and related employment law. They tender for a lot of work with local authorities and they needed a comprehensive overview of how TUPE operates, together with practical advice and guidance on how to deal with new staff coming in from local authority services and other social care organisations.
Naturally, there are also concerns about budget constraints and the necessary restructuring which often has to happen as a result of these tendering processes where staff are transferred through TUPE. It is increasingly the case that when they tender for a piece of work (and this applies to all social care organisations) they have to run the service on a reduced budget from that which was given to the previous service provider. Therefore they have to consider how best to run the service and whether they need to restructure to provide the services differently.
If staff come over under TUPE the new employers are restricted in what they can and cannot do because of the law. What they wanted was practical guidance on how they can undertake restructuring and change terms and conditions, lawfully under TUPE.
I designed and delivered an interactive seminar for them – conveying the law but in the context of their situation and providing lots of practical advice. I took them through the latest case law on economic, technical and organisational reasons entailing changes in workforce, which can be a defence to dismissals or changes to terms and conditions which happen in connection with a transfer. I also guided them through how to identify whether staff are "assigned" to the service transferring.
We had an interesting and lively debate throughout the seminar. My talk used slides to help them assimilate all the information, examples and advice and welcomed questions throughout. At the end of each session, morning and afternoon, there was a case study with several questions based on the topics we covered during that session. Again, this engendered a lot of interesting comments and discussions on the solutions.
One of the comments which came at the end from their HR director was that it would be a useful talk for social care organisations generally because they are all involved in tendering with local authorities. If any other social care organisations would be interested in a similar event, please let me know – email gdo@royds.com.
* What is TUPE? The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects employees' terms and conditions of employment when a business is transferred from one owner to another, or the provision of a service changes provider, either to another organisation or back in house to the original contractor. Employees of the previous owner when the business changes hands automatically become employees of the new employer on the same terms and conditions. It's as if their employment contracts had originally been made with the new employer. Their continuity of service and any other rights are all preserved. Both old and new employers are required to inform and consult employees affected directly or indirectly by the transfer (Source: ACAS)
Friday, 5 August 2011
Thursday, 28 July 2011
‘Royds solicitors keep fit and have fun with five-a-side football in Green Park’ by Fiona Aitken
In making use of London’s plentiful parks and long summer evenings Carter Lane’s sporting elite, disguised as Lawyers of Royds LLP, headed out last night to Green Park for a bit of friendly five aside football.
The dribbling skills honed in boyhood clearly came in handy for the male half of the participants although arguably Alex’s Year 2 ballet lessons gave her high kicks a kind of grace not even Roberto Rivelino could surpass.
The pros Paul and Stephen shrewdly can not only actually play football but carried out a series of tactical calls which meant they both seemed to know what the other was doing – sneaky.
Frank’s initial desire to keep order and play by some rules was soon filed for another day and while he had concerns about having not played since the days of a leather lace up ball he did an outstanding job playing uphill much of the time thanks to our pitch which sat at approximately 5 %.
Playing in goal, Cheryl received man of the match (no PC gender neutrality here) although she has some work to do before she pulls off a Rene Higuita Scorpion save – that said I’d like to see him play like that in high heels.
While on the subject of the team’s wardrobe (this is a female author after all) it was good to see Chris playing in his suit (trouble when he gets home with grass stains on that one…) and he was even game enough to play barefoot.
Mark quietly put away a series of goals beaten only by the youth of the pack Tim, who scored so many goals we lost count. Lucy, still carrying injuries from the Extreme 5 a few weeks ago, deftly ducked and dived, dodged and weaved, sometimes even with the football at her feet. Helen’s enthusiasm and desire to extend the length of the pitch was soon quelled after one sprint up the far side and Fiona did nothing but make a lot of noise, kick Paul in the shins and caused a passing two year old, who simply wanted to join in, cry. Nice.
On reflection the rules were minimalist to say the least. Having carried out some research we may want to lay down some guiding principles for the next match. It seems the Football Association considers disciplinary action is required:
If a player commits any of the following offences in a manner considered by
the referee to be careless, reckless or using excessive force:
• attempts to kick or trip an opponent.
• jumps at, pushes, holds or charges an opponent (even with the shoulder).
• strikes or attempts to strike an opponent.
• spits at an opponent.
• slides in an attempt to play the ball when it is being played or attempted to be
played by an opponent (sliding tackle).
• handles the ball deliberately, except for the goalkeeper in his penalty area.
While it should be made very clear there was absolutely no spitting nor Wayne Rooney style foul language, the same can not necessarily be said for the other noted infringements - and that was just the girls…
Thanks to everyone that made the effort to come and join in. All those that genuinely had work to do or went home to watch Coronation Street missed out. Till next time.
The dribbling skills honed in boyhood clearly came in handy for the male half of the participants although arguably Alex’s Year 2 ballet lessons gave her high kicks a kind of grace not even Roberto Rivelino could surpass.
The pros Paul and Stephen shrewdly can not only actually play football but carried out a series of tactical calls which meant they both seemed to know what the other was doing – sneaky.
Frank’s initial desire to keep order and play by some rules was soon filed for another day and while he had concerns about having not played since the days of a leather lace up ball he did an outstanding job playing uphill much of the time thanks to our pitch which sat at approximately 5 %.
Playing in goal, Cheryl received man of the match (no PC gender neutrality here) although she has some work to do before she pulls off a Rene Higuita Scorpion save – that said I’d like to see him play like that in high heels.
While on the subject of the team’s wardrobe (this is a female author after all) it was good to see Chris playing in his suit (trouble when he gets home with grass stains on that one…) and he was even game enough to play barefoot.
Mark quietly put away a series of goals beaten only by the youth of the pack Tim, who scored so many goals we lost count. Lucy, still carrying injuries from the Extreme 5 a few weeks ago, deftly ducked and dived, dodged and weaved, sometimes even with the football at her feet. Helen’s enthusiasm and desire to extend the length of the pitch was soon quelled after one sprint up the far side and Fiona did nothing but make a lot of noise, kick Paul in the shins and caused a passing two year old, who simply wanted to join in, cry. Nice.
On reflection the rules were minimalist to say the least. Having carried out some research we may want to lay down some guiding principles for the next match. It seems the Football Association considers disciplinary action is required:
If a player commits any of the following offences in a manner considered by
the referee to be careless, reckless or using excessive force:
• attempts to kick or trip an opponent.
• jumps at, pushes, holds or charges an opponent (even with the shoulder).
• strikes or attempts to strike an opponent.
• spits at an opponent.
• slides in an attempt to play the ball when it is being played or attempted to be
played by an opponent (sliding tackle).
• handles the ball deliberately, except for the goalkeeper in his penalty area.
While it should be made very clear there was absolutely no spitting nor Wayne Rooney style foul language, the same can not necessarily be said for the other noted infringements - and that was just the girls…
Thanks to everyone that made the effort to come and join in. All those that genuinely had work to do or went home to watch Coronation Street missed out. Till next time.
Tuesday, 26 July 2011
‘The UK Jewellery Awards 2011’ by Stephen Welfare
The UK Jewellery Awards 2011 at the Grosvenor House Hotel on July 14th recognised and celebrated the industry’s finest talent.
The event was brought by Retail Jeweller Magazine and hosted by celebrity TV presenter and model, Lisa Snowdon. Royds’ clients and contacts were once again well represented amongst the finalists, but sadly no winners.
The finalists:
Platinum Bridal Collection of the year
Sarah Jordan
Supplier of the year
Gecko
IBB
The Dreyfuss Group
Jewellery Designer of the year
SHO Fine Jewellery
Jewellery Brand of the year
Chamilia Europe
The finalists and winners were chosen by a panel of 32 judges scrutinising entry packs and examples of jewellery, and in some categories following an interview and questioning process.
Congratulations to all our clients. We look forward to meeting with you at IJL in September.
The event was brought by Retail Jeweller Magazine and hosted by celebrity TV presenter and model, Lisa Snowdon. Royds’ clients and contacts were once again well represented amongst the finalists, but sadly no winners.
The finalists:
Platinum Bridal Collection of the year
Sarah Jordan
Supplier of the year
Gecko
IBB
The Dreyfuss Group
Jewellery Designer of the year
SHO Fine Jewellery
Jewellery Brand of the year
Chamilia Europe
The finalists and winners were chosen by a panel of 32 judges scrutinising entry packs and examples of jewellery, and in some categories following an interview and questioning process.
Congratulations to all our clients. We look forward to meeting with you at IJL in September.
Wednesday, 20 July 2011
‘Harrogate’s 50th Giftware Trade Show’ by Stephen Welfare
The Harrogate Giftware Trade Show turned 50 years old this year so I headed north last weekend to join the 900 odd exhibitors braving a very wet Yorkshire summer. I have not been to Harrogate Home and Gift for many years so I was interested to see if things had changed. The layout was much as I remembered, with exhibiting space spread out across a number of locations in the town centre. The Majestic Hotel dominates the scene, with four marquee halls erected in the grounds, more marquees in and around the Cairn Hotel along with several halls in the Harrogate International Centre.
Royds’ clients were located variously at the different venues representing the diverse mixture of products being show cased, from premier design led gifts company East of India in the design point marquee, to ceramics company DRH Collection Limited, other giftware clients and our many jewellery clients in the International Centre. Plenty of exercise as ever for your roving IP lawyer, and more than the one soaking by the rain in the process!
Harrogate still has a local feel to it. It has nothing like the scale or sophistication of Spring Fair or IJL. Unfortunately the poor weather put the dampeners on the celebrated social scene; the PIMMS tent and many outside catering establishments were unused. Whilst the summer fun and gaiety was missing, business continued regardless.
Royds’ client Instant Gifts International commented that Sunday and Monday trading was up on the previous year, and across the show visitor traffic was brisk. Reflecting the continuing economic uncertainty in commerce, at present, requests for legal advice were as much if not more about recovery of debt than protecting intellectual property.
As with other trade shows Harrogate offered free seminars and retail surgeries including a talk by Mike Josypenko of BJ & GI on sourcing from China. Royds are pleased to provide advice and assistance to BJ & GI on international and intellectual property issues.
So not a lot of change then, and typical “up north” weather. Bring on IJL in the “beautiful south” in September!
Royds’ clients were located variously at the different venues representing the diverse mixture of products being show cased, from premier design led gifts company East of India in the design point marquee, to ceramics company DRH Collection Limited, other giftware clients and our many jewellery clients in the International Centre. Plenty of exercise as ever for your roving IP lawyer, and more than the one soaking by the rain in the process!
Harrogate still has a local feel to it. It has nothing like the scale or sophistication of Spring Fair or IJL. Unfortunately the poor weather put the dampeners on the celebrated social scene; the PIMMS tent and many outside catering establishments were unused. Whilst the summer fun and gaiety was missing, business continued regardless.
Royds’ client Instant Gifts International commented that Sunday and Monday trading was up on the previous year, and across the show visitor traffic was brisk. Reflecting the continuing economic uncertainty in commerce, at present, requests for legal advice were as much if not more about recovery of debt than protecting intellectual property.
As with other trade shows Harrogate offered free seminars and retail surgeries including a talk by Mike Josypenko of BJ & GI on sourcing from China. Royds are pleased to provide advice and assistance to BJ & GI on international and intellectual property issues.
So not a lot of change then, and typical “up north” weather. Bring on IJL in the “beautiful south” in September!
Wednesday, 13 July 2011
Royds participates in the Extreme 5 Challenge to raise money for charity: ‘John Wayne and True Grit’ by Fiona Aitken
After months of training (not really), blood (really), sweat (lots) and tears (just a few), two Royds teams completed the Extreme 5 Challenge on Sunday 10th July. The event comprised of a fundraising challenge followed by a relay race involving a 1.5km swim, a 10km kayak, a 40km cycle and a 10km run.
Having left London at silly o’clock on the Sunday morning, Mother Nature was kind and the teams arrived at Willen Lake in Milton Keynes to glorious sunshine. With the fundraising in the bag (more about that later) and four challenges ahead, everyone was quietly focused on their own discipline; presumably picturing the finish, the inevitable glory and trying really very hard to ignore the competition who all somehow seemed to be from the buff, Lycra clad, aerodynamic-cycle-helmet-wearing section of society. Even down to Union jack embossed kayaks (!). It was all just scare tactics surely?
At 9am sharp, swimmers Helen and Fiona tippy-toed into the goose poop infested waters doing their upmost to look glamorous in tight fitting wetsuits and bearing in mind the calls of “keep your mouth shut girls” being the advice from safety conscious HR on dry land (thanks Cheryl). A sharp blow of the horn induced a flurry of splashing from approximately 30 competitors and after receiving a couple of friendly competitive blows to the head each, both Helen and Fiona emerged from the water to tag the kayakers.
It soon became clear Lucy had been given the dodgy wheeled shopping trolley version of a kayak. Once she had finished impressing us all with her 360 spins (of which we note the Union jack embossed crew achieved none), she powered round 10kms – yes 10 kms - of lake. Hats go off to her for this massive effort and all were pleased to hear we were not penalised for returning the paddle with smatterings of blood. She is now known on Carter Lane as ‘Lucy True Grit Hollis’.
Next came 40kms of cycle power as Mark and Jack used every inch of their lawyering logic to avoid being outsmarted by the local youths who had moved the signs meaning the cycle course was slightly different for each competitor. In addition, nimble fingered Mark clearly has been taking notes from McLaren as he fixed a puncture in just six minutes and continued in the race as if nothing had happened. Jack on the other hand got a puncture in the first 20 yards (give me some poetic licence here) yet continued for 2 hours and 16 minutes on a gravel track to complete his section of the race, with no water, long trousers and a completely flat tyre! John Wayne is a big girls blouse compared to Jack; however they now both have a similar gait.
Finally the run. Naomi and Cheryl were up against it due to aforementioned equipment failures – what is it they say about a workman and his tools? But they both flew round, Cheryl heeding her previous advice about keeping her mouth shut and Naomi wishing she had as she swallowed a swarm of flies.
As the sun set on what turned out to be an eventful day, the teams enjoyed a cool beer, a BBQ and that warm fuzzy feeling of achieving something worthy of a mention around the water cooler at work next week.
On a sincere note, however, the teams would like to thank all those who supported the cause as having raised over £400 in aid of Homes in Zimbabwe and Ndoro. 8 members of the Royds fraternity completed all five challenges in a style of their own.
Having left London at silly o’clock on the Sunday morning, Mother Nature was kind and the teams arrived at Willen Lake in Milton Keynes to glorious sunshine. With the fundraising in the bag (more about that later) and four challenges ahead, everyone was quietly focused on their own discipline; presumably picturing the finish, the inevitable glory and trying really very hard to ignore the competition who all somehow seemed to be from the buff, Lycra clad, aerodynamic-cycle-helmet-wearing section of society. Even down to Union jack embossed kayaks (!). It was all just scare tactics surely?
At 9am sharp, swimmers Helen and Fiona tippy-toed into the goose poop infested waters doing their upmost to look glamorous in tight fitting wetsuits and bearing in mind the calls of “keep your mouth shut girls” being the advice from safety conscious HR on dry land (thanks Cheryl). A sharp blow of the horn induced a flurry of splashing from approximately 30 competitors and after receiving a couple of friendly competitive blows to the head each, both Helen and Fiona emerged from the water to tag the kayakers.
It soon became clear Lucy had been given the dodgy wheeled shopping trolley version of a kayak. Once she had finished impressing us all with her 360 spins (of which we note the Union jack embossed crew achieved none), she powered round 10kms – yes 10 kms - of lake. Hats go off to her for this massive effort and all were pleased to hear we were not penalised for returning the paddle with smatterings of blood. She is now known on Carter Lane as ‘Lucy True Grit Hollis’.
Next came 40kms of cycle power as Mark and Jack used every inch of their lawyering logic to avoid being outsmarted by the local youths who had moved the signs meaning the cycle course was slightly different for each competitor. In addition, nimble fingered Mark clearly has been taking notes from McLaren as he fixed a puncture in just six minutes and continued in the race as if nothing had happened. Jack on the other hand got a puncture in the first 20 yards (give me some poetic licence here) yet continued for 2 hours and 16 minutes on a gravel track to complete his section of the race, with no water, long trousers and a completely flat tyre! John Wayne is a big girls blouse compared to Jack; however they now both have a similar gait.
Finally the run. Naomi and Cheryl were up against it due to aforementioned equipment failures – what is it they say about a workman and his tools? But they both flew round, Cheryl heeding her previous advice about keeping her mouth shut and Naomi wishing she had as she swallowed a swarm of flies.
As the sun set on what turned out to be an eventful day, the teams enjoyed a cool beer, a BBQ and that warm fuzzy feeling of achieving something worthy of a mention around the water cooler at work next week.
On a sincere note, however, the teams would like to thank all those who supported the cause as having raised over £400 in aid of Homes in Zimbabwe and Ndoro. 8 members of the Royds fraternity completed all five challenges in a style of their own.
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