Redundancy consultation processes: Is it ok to score first and consult later?

It is a well-known tenet of Employment Law, that having a genuine and meaningful consultation with affected staff, at a formative stage and prior to any dismissals taking effect, is a cornerstone of a fair redundancy process. In the case of ADP RPO UK Ltd v De Bank Haycocks, the Court of Appeal found that, …
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Bates Wells advises ThinkSono on its £4.5m fundraise

Bates Wells has advised pioneering ultrasound AI company, ThinkSono, on its £4.5m fundraise from a mix of institutional funds, PE and private wealth. ThinkSono has built the world’s first AI software for deep vein thrombosis (DVT) detection which can improve the clinical pathway significantly. A ThinkSono Guidance exam typically takes less than 15 minutes using …
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The downstream impact of Finch v Surrey County Council, one year on

Last week marked one year since the landmark decision in R (Finch) v Surrey County Council, a challenge to Surrey’s decision to allow the expansion of an onshore oil well site. In its June 2024 judgment, the Supreme Court held that, in its decision, the Council should have weighed “downstream” greenhouse gas emissions. These would …
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Ten things you need to know about the new Code of Fundraising Practice

After three years of consultation and engagement by the Fundraising Regulator on changes to the Code of Fundraising Practice (the ‘Code’), the new draft has now arrived. There will be an implementation period to get ready for it, with the new Code coming into force on 1 November 2025. The existing (2019) version of the …
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Keys with conditions: What you need to know about service occupancies

Service occupancies are a common but often misunderstood arrangement, especially for organisations like charities, schools, care providers and religious institutions that offer housing to employees as part of their job. While convenient in many ways, service occupancies carry significant legal complexity, particularly if the employment relationship ends or changes over time. What is a service …
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Creating a ‘Speak Up’ culture in purpose-driven businesses: The benefits of an effective whistleblowing framework

Bates Wells convenes the Impact Counsels’ Forum, a space for senior counsel working within impact investors, B Corps, and other purpose-driven businesses. The forum discusses the ‘impact angles’ on legal and practical issues faced by in-house legal teams. Recently, the forum explored the benefits of an effective whistleblowing framework and how that can support an …
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Purpose & Impact: your roundup | June

Welcome to your roundup – a monthly selection of news hand-picked to keep you up to date with what’s going on for businesses and investors working to create positive impact. In this roundup you can find out what’s new in the B Corp, social enterprise, and impact investing spaces, amongst others, collated under helpful headings. …
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Kids Company judicial review – winners or losers?

Philip Kirkpatrick reflects on the recent High Court decision on the judicial review case brought against the Charity Commission in relation to its 2022 inquiry report into Kids Company. Many people will have thought that the Kids Company case was all over long ago. Well, it is now, following a recent High Court judgment in …
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Membership bodies – is your governance fit for purpose?

Like all organisations, professional membership bodies and learned societies should regularly review their governance and governing documents to make sure they are up to date and fit for purpose. Some of the key things to think about are: Purposes – are the purposes of your organisation still suitable? You will want to consider whether they …
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A safer life online for children: Ofcom’s call to action

If your organisation hosts online forums or other communities where users can interact online, you may need to take action under Ofcom’s new codes on child safety. Charities advocating for online safety for children and women will also be interested in the implications of these codes, as well as Ofcom’s current consultation on protecting women …
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Setting up in the UK – support for US non-profits

At Bates Wells, we work with a wide range of international organisations, to support you in navigating the English landscape for charities and non-profits. In the face of increasing concerns about the regulatory landscape in the US, we are working with a number of clients to explore their options for maintaining resilience and mitigating risk …
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A new approach to enforcement? Ofqual consults on its Taking Regulatory Action policy

On 20 February 2025, Ofqual opened a consultation on updates to its enforcement policy, “Taking Regulatory Action”, which it proposes to rename “Supporting Compliance and Taking Regulatory Action”. The consultation will close on 15 May 2025. This refresh of Ofqual’s enforcement policy has been long awaited by awarding organisations (“AOs”). Since the existing policy was …
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