A broadcastable round-up of industry topics,
views and all things Jolliffe.
The last ‘Last Word’ is out!
December 1, 2017
Don't miss the last Last Word of 2017 with the latest employment news on dismissals, fees refund and the Uber landmark case.
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Employment law/HR training courses
November 2, 2017
Do you spend a lot of time addressing staffing issues when this role could be delegated to managers and team leaders, freeing you up to focus on other matters?
Are your managers attempting to address staffing issues without the knowledge required to do so, thereby putting your organisation at risk?
Are you aware that, in some cases, an employer can defend itself against claims relating to the actions of its employees, provided that you’ve trained your employees effectively?
Our employment solicitors at Jolliffe & Co LLP want to work with their clients to equip managers with the skills required to effectively manage employees in any situation, reducing your risk of successful employment tribunal claims and improving workplace culture. We therefore offer cost-effective training courses tailored to the needs and culture of your organisation. Our training courses are either a half or full day depending upon your requirements and can be delivered at your premises in order to reduce time out of the office. We will meet with you prior to developing the training programme to ensure that the training is adapted to your sector and addresses any specific concerns you may have.
Our qualified employment solicitors can offer training on any area of employment law including:
- Employment law updates
- Contracts of employment/employee handbooks
- Redundancy and reorganisations
- Absence management
- Performance management
- Family friendly rights
- Flexible working
- Equality and diversity
- Bullying and harassment
- GDPR for employers
To discuss your training requirements further please contact Elizabeth Judson, Head of Employment, on 01244 310022 or at firstname.lastname@example.org
Jolly good time to talk! We’re recruiting.
October 8, 2017
At Jolliffes we pride ourselves on being that little bit better, being just a little more creative and working just that little bit harder. We are expanding our business and seeking experienced, dedicated, driven lawyers to join us.
We have three immediate vacancies all Chester based, one each in our Litigation Team, our Residential Conveyancing Team and in our Commercial Property Team.
If you are interested and have 5 years or more PQE please contact us at email@example.com
Rest assured all discussions are in the strictest confidence.
Employee investigations in the workplace
October 2, 2017
Do you struggle to find time to investigate employee concerns or allegations of misconduct? Are you concerned that you don’t have the internal resource and expertise required to carry out a comprehensive and fair and objective process? Jolliffe & Co LLP’s employment team can now assist.
Investigating employee misconduct or employee grievances is a key stage in establishing the facts of a situation and also essential for completing a fair formal process and, where appropriate, establishing a fair dismissal. Investigating such matters can be time-consuming and objectivity is key to being able to carry out just the right amount of investigation to be able to reach a reasonable conclusion regarding the events of a situation. If an employer fails to carry out an investigation in a reasonable and comprehensive manner, this can lead to a finding of unfair dismissal or constructive unfair dismissal in cases where a dismissal would otherwise have been fair. Using an external investigator can also assist in ensuring that disgruntled employees feel ‘heard’ in circumstances where they have raised a grievance.
Jolliffes’ employment team can assist you by acting as the appointed investigating officer to deal with a grievance or alleged misconduct which means that you can be certain that the investigation is being carried out reasonably, comprehensively and objectively. The members of our employment team are legally qualified and therefore know exactly how an investigation needs to be carried out in order to stand the best possible chance of defending an employment tribunal claim.
If you do have sufficient resource within your organisation to handle employee investigations internally, but lack the expertise and knowledge required, our employment team can also provide in-house training to managers to equip them with the skills needed to enable them to carry out the role of investigating officer.
If you would like any further information or to discuss your requirements, please contact Elizabeth Judson, Head of Employment on 01244 310022 or email firstname.lastname@example.org
GDPR (General Data Protection Regulation) Training for Employers
September 13, 2017
STOP PRESS: This date is now full but other dates are being arranged. Please contact us for more info.
Legal firm Jolliffe & Co LLP is holding a GDPR training event for employers on Tuesday, 26th September 2017.
The General Data Protection Regulation is scheduled to come into force in May 2018 and will have a significant impact on employers.
It is the most important change in data protection law in twenty years and there is an urgent need for employers and HR professionals to start to prepare for its introduction.
As a result of attending, delegates will understand the implications of GDPR for their organisation, what their obligations are and what steps they need to take now in order to implement the changes successfully.
The interactive and informative training covers:
The impact of the GDPR on employers;
The role of the data protection officer;
Auditing HR data and data processes;
Ensuring that contracts of employment are compliant;
Reviewing data protection policy; and
Auditing third party processes – ensuring compliance from suppliers such as payroll providers, occupational health etc.
The event will be held from 9am to 12.30pm on Tuesday 26th
September at Jolliffes' head office, 6 St John Street, Chester, CH1 1DA and costs £100 + VAT for the first delegate and £75 + VAT for each additional delegate.
Places can be booked by emailing email@example.com
or ringing 01244 310022.
Cheshire Cheese Company Goes for Gold
August 22, 2017
Jolliffes has completed the multi-million pound sale of Cheshire cheesemaker FJ Need (Foods) to the owner of the Kerrygold brand.
FJ Need (Foods), which was founded by John Need in 1973, has signed an agreement to be acquired by Ornua for an undisclosed sum. The family-run business includes a cheese cutting, grating and slicing facility, two cheese brands and the distribution fleet.
Nantwich-based FJ Need, which owns the Spinneyfields brand, supplies dairy products such as grated cheese, diced cheese, sliced cheese, block cheese, speciality cheese, butter and yoghurt to the manufacturing, foodservice and wholesale sectors. Its cheese production facility currently produces 16,000 tonnes per year.
Ornua, the Dublin-headquartered owner of brands such as Kerrygold, Shannongold and Pilgrims Choice, has supplied Irish cheese to FJ Need for many years and the acquisition is expected to strengthen this important supply channel.
Ornua believes that there is significant potential to expand this capacity to take advantage of the growing foodservice market for cheese ingredients both in the UK and international markets. This potential to expand into new sectors, including leveraging Ornua's existing export routes to market, is a key benefit of the transaction identified by the buyer.
Legal firm Jolliffe & Co LLP advised the sellers. Simon Williams, Partner and Head of Corporate and Commercial for Jolliffe & Co LLP, led the Jolliffes team and was assisted by Chantel Clague, Tom Newman, and legal tax specialist William Ngan who joined the Jolliffes commercial team in November. The transaction also involved Huw Thomas and Joe Fletcher-Hunt from the commercial property team and Head of Employment Elizabeth Judson.
Simon Williams commented; “This was a fantastic transaction for FJ Need and was extremely complex in certain areas. We worked around the clock for a number of weeks to ensure the transaction got over the line successfully and within very tight timescales. This is another example of the type of quality transaction that Jolliffes carries out. We are delighted for Paul and Tracey Need and wish them every success.”
Paul Need, Managing Director of FJ Need added; “Jolliffes really helped us through the whole process to make it as easy as possible and anticipate the best options for us. They worked through some complex issues, especially as it was an international sale. I would like to thank the team for all their hard work, late nights and dedication to getting the best deal for us from a number of options. It was important to us that they understood the nature of our business and that we are a true family firm. Jolliffes did, they became part of our team.”
Kevin Lane, chief executive of Ornua, said; "We are buying an excellent family dairy business which allows us to significantly strengthen our presence in the UK ingredients sector. The complementary nature of our customer bases and the potential to further scale the business makes this a strong fit for Ornua. We are looking forward to working to grow the business in the coming years."
Millennials in the workplace – adapt or die?
August 18, 2017
Millennials (defined as those born between 1984 and 2000) have been getting a bad press recently, particularly in relation to their behaviour in the workplace. HR professionals are coming across new challenges when dealing with concerns and grievances from disgruntled Millennials which are of a different nature to that which we have historically seen in the workplace. Is this bad press warranted? Should we be training Millennials to come into line with long-established work-place practices? Alternatively, can we learn something from Millennials? Do workplaces need to adapt to the requirements of Millennials to survive?
Author and motivational speaker, Simon Sinek, suggests that Millennials have been told that they can have everything they want in life and that, in the real world of work, they discover that they’re not special, that they can’t have whatever they want and that this is a huge knock to self-esteem. He suggests that due to phone activity, adolescents are learning that they get their ‘kicks’ from their phones and that this is addictive due to the ensuing dopamine release. They are therefore not learning to form deep and meaningful relationships with friends and don’t have suitable coping mechanisms for dealing with stress. Millennials have grown up in a world of instant gratification and therefore are not patient enough to understand that job satisfaction and meaningful relationships take time to build, leading to a lack of joy and fulfilment. He concludes that putting Millennials in a corporate environment, where businesses care more about numbers and the short-term gain than people isn’t helping them learn these new skills and overcome the need for instant gratification. They blame themselves for this leading to further issues. He deems that the solution is good leadership and that it’s the employer’s responsibility to work extra hard to build their confidence and create social skills – forming trust with slow, steady consistency.
Crystal Kadakia, speaker, author and thought-leader for millennial and multigenerational workshops, paints a different picture. She believes that Millennials are misunderstood, that the belief that they are lazy and entitled is incorrect. She states that Millennials are driven by ‘You Only Live Once’ (YOLO), have an entrepreneurial spirit which is enabled by technology, that they don’t want to waste their time doing things that they don’t enjoy and that businesses need to capture their spirit to attract them. She believes that they are looking for flexibility and location-free work and that they need to be able to clearly see how they can make an impact on improving productivity to be motivated. She deems the solution to be to engage the entrepreneurial spirit of Millennials and to provide them with a challenging and flexible working environment which is conducive to creative thinking. She feels that if such steps aren’t taken, there is a risk of Millennial employees engaging in a ‘side hustle’ (setting up their own business).
Hadyn Shaw, an author and expert in generational differences, adds a slightly different slant and suggests that it is emerging adulthood that it the issue, not Millennials per se, and that businesses need to adapt to this. He explains that the reason for the lack of engagement of Millennials is due to adulthood being entered into in an individual’s late 20s and therefore these employees have freedom, change and choice that baby boomers and generation Xers did not have at that stage of life. They have fewer financial ties and responsibilities, they can change their mind about things and they can move around fairly easily due to the breadth of opportunities now available, and made more accessible, by technology. He concludes that the reason Millennials are not engaged is therefore due to their life stage and that businesses need to understand, listen and adapt rather than try to fix.
In conclusion, it would seem unhelpful and even risky for employers to not attempt to understand and adapt to Millennials and it’s likely that Millennials, who have grown up in a very different world to baby boomers and generation Xers, can add significant value to the workplace. A workplace that shifts its working practices to attract and retain Millennials is likely to be well-placed in the future. However, the skills required to do this are not new. Trust is key to creating a good workplace culture, as it has always been, and this starts with communication and understanding. With the right leadership, businesses can take the best of the structured environment which has proven beneficial in traditional workplace cultures and modernise it in a way that embraces the entrepreneurial spirit and creativity of Millennials.
For further advice on adapting employment policies and practices to support the employment of Millennials, or on any other aspect of employment law, contact Elizabeth Judson, Head of Employment on 01244 310022 or at firstname.lastname@example.org.
Supreme Court holds Tribunal fees to be unlawful
July 26, 2017
The Supreme Court in R (on the application of UNISON) v Lord Chancellor has declared employment tribunal and employment appeal tribunal (‘EAT’) fees to be unlawful. The lawfulness of the Fees Order was challenged by UNISON, supported by the Equality and Human Rights Commission.
The Employment Tribunals and the Employment Appeal Tribunal Fees Order introduced a new fees regime from 29 July 2013. Under the Fees Order, employment tribunal claimants and EAT appellants are liable to pay a fee in order to bring and pursue claims and appeals, unless they qualify for a fee remission. UNISON sought judicial review and a quashing of the Fees Order. The Supreme Court has now upheld UNISON’s challenge.
Lord Reed concluded that the Fees Order would be unlawful if there was a ‘real risk’ that it would effectively prevent persons from having access to justice. It would also be unlawful if the degree of intrusion goes beyond what is justified by the objectives of the relevant provision. Lord Reed went onto state that the Fees Order did effectively prevent access to justice. The evidence showed that the fees were not set at a level that everyone could afford including: the drop in the number of claims; the recent estimate that 10% of claimants did not bring proceedings because they would not afford the fees; and the impact on claimants in low to middle incomes. Lord Reed also concluded that fees were not justified as a necessary intrusion on the right of access to courts. The Government had not produced evidence to show why the fees had been set at the level they had, and had falsely assumed that the higher the fee, the higher the revenue. The Government had not shown that fees met the other objectives for their introduction, such as deterring weak claims and incentivising earlier settlements.
Lady Hale also held that the Fees Order was indirectly discriminatory against those with a protected characteristic. The parties accepted that the Fees Order had a disparate impact on women and Lady Hale concluded that the treatment was not justified.
As of today, fees cease to be payable for such claims and fees paid in the past must be reimbursed. The long-term impact of this decision is that the Supreme Court has made it clear that it endorses the fundamental public importance of access to justice.
Speak to us on 01244 310022
or email email@example.com
for more information.
Simon appointed to trustees of North West Air Ambulance
July 24, 2017
Simon Williams, Partner and Head of Corporate and Commercial for Jolliffe & Co LLP has been appointed to the board of trustees at the North West Air Ambulance Charity.
He is a Legal 500 recommended lawyer and has been an equity partner at Jolliffes for four years. His new role with North West Air Ambulance Charity will oversee the strategy and growth of the service.
“I'm delighted to be taking up the post of trustee and hope to raise awareness of this wonderful service that saves so many lives,” he said.
“Not enough people realise that the North West Air Ambulance is a charity and it is my intention to spread the word far and wide.”
Established in 1999, the North West Air Ambulance Charity covers 5,500 sq miles across Greater Manchester, Cheshire, Merseyside, Lancashire and Cumbria, which have a combined population of eight million. It carries out over 2,000 missions a year.
Simon Williams added: “We need to raise in excess of £8m a year to survive and rely almost entirely on donations from the general public. Despite what people may think we do not receive any day to day government or National Lottery funding. Our supporters are wonderful but we constantly need more in order to help provide our life-saving service.”
North West’s most successful men share advice
June 16, 2017
Our very own Simon Williams was asked to share his life lessons and advice in The Cheshire Magazine's June edition.