Resources

Expertise, events, news and updates –
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Bates Wells joins Mediator Locator

Paul Jennings, Rachel Mathieson, and Tim Constable have recently joined Mediator Locator, a new platform that allows parties to quickly be matched with a mediator to support them to resolve their legal issues. Disputes can be time-consuming and costly, with a profound effect on wellbeing, resources and energy. We believe that, where appropriate, focusing on …
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“Be the change you want to see” – Sport England’s bold commitment to environmental sustainability in sport

Sport England has launched its inaugural sustainability strategy, called “Every Move – Sustainability Strategy and Action Plan”. It is aimed at addressing the impact the sport and physical activity sector has on climate change and the impact climate change has on levels of participation in sport.   The Strategy made headlines with the announcement that …
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Infected Blood Inquiry: culture change in our public institutions – is it possible?

Seven years after a public inquiry into the scandal was first announced, last week marked the publication of the final report of the Infected Blood Inquiry (“the Report”). Over thousands of pages the Report collates the harrowing details of the “worst treatment disaster in the history of the NHS” which led to the infection of …
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Protected beliefs in the workplace

The Equality Act 2010 applies to many different life areas that affect B-Corps, particularly as employers and service providers. What can we learn from recent legal cases about how the Act prohibits direct and indirect discrimination, harassment and victimisation relating to philosophical beliefs? The law recognises an increasing number of philosophical beliefs as protected, and …
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Equalities update: consultation on updated NHS constitution reinforcing commitment to “single-sex” wards

The Department of Health and Social Care is currently consulting on proposed changes to the NHS Constitution (“the Constitution”) as part of a 10 year review process set out in the Health Act 2009. The constitution was last updated in 2015. The consultation will run for 8 weeks and closes on 25 June 2024. The …
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Can trustees take parental leave?

Philip Kirkpatrick, Partner in our Charity & Social Enterprise team, discusses the legal issues around trustees taking extended leave, including for parental leave and periods of ill-health, in an article for the Association of Chairs. Responding to a question from Joe Saxton, Chair of the Association of Chairs, Philip concludes that with no statutory rights …
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Working 9 to 5… Can you ask your workforce to return to the office full-time?

It has been reported that Manchester United minority shareholder, Sir Jim Ratcliffe, has told employees they need to return to the office full-time, citing a boost to productivity and reduction in email traffic as his reasons for the move. It is also reported that he told staff they should seek “alternative employment” if they were …
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Charities and investments – the revised investment guidance (CC14)

The Charity Commission published its revised investment guidance for charity trustees (CC14) on 1 August 2023. Now the dust has settled, this article explores how we got here, the key takeaways, and our experience of what charities have been doing in practice. How we got here The Commission was planning changes to its investment guidance …
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Legal Update from the Public Law team: FDA Judicial Review challenge of the Rwanda Act 2024

The Safety of Rwanda (Asylum and Immigration Bill) has now been passed by both Houses of Parliament and received Royal Assent. The Government accepted only limited amendments to the legislation during its passage. Accordingly, the Safety of Rwanda (Asylum and Immigration) Act 2024 (“the Act”) makes a statutory declaration that Rwanda is a “safe” country, which …
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The SLAPP Bill: is enough being done to protect campaigners?

In recent years, we have seen a rise in strategic lawsuits against public participation (SLAPPs) being used to intimidate and silence journalists, charities, and campaigners (SLAPPS claims usually centre on privacy or defamation). These aggressive legal proceedings misuse the litigation process to suppress freedom of expression and discourage public criticism. The introduction of the Strategic …
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Bates Wells’ and Fair Game CIC’s goal to amend the Football Governance Bill

Bates Wells has been working with Fair Game CIC to amend and improve the Football Governance Bill, which will introduce the Independent Football Regulator. This is a once-in-a-generation opportunity to craft a regulatory regime which puts the interests of fans, people and the planet at the heart of footballing governance. The original Bill was lacking …
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Charity Commission inquiries: Top takeaways for charities

What are the key areas of concern being investigated by the Charity Commission at the moment? We have drawn out the top five from the Commission’s statutory inquiry reports for last year and shared some tips for avoiding those issues in your charity. Dominant trustees and CEOs There is nothing wrong with a charity having …
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