Resources

Expertise, events, news and updates –
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Investigations and disclosure of sensitive communications

Investigations often take place where there is an allegation of wrongdoing. They are a crucial process, enabling organisations to establish facts, identify problems, and determine how best to proceed. Carrying out a thorough and fair investigation can enhance an organisation’s credibility and lead to the introduction of new and improved arrangements to help prevent incidents …
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Election campaigning: when the political is personal

“I don’t have to win”, Maurice Saatchi supposedly once said, “I just have to make you lose”. In political advertising, this attitude shows no sign of going out of fashion. Ads attacking political parties and their leaders are commonplace, and in the heat of battle the pleas of the Committee on Standards in Public Life …
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Lessons learned from the judgment on the Michaela School’s “prayer ban”

The Michaela Community Schools Trust has successfully defended its decision to ban prayer rituals for all its pupils as lawful in the High Court. Following this high-profile judgment, the Bates Wells’ Public Law team reflect on the wider implications of the case for pupils, parents and schools. Background R (TTT) v Michaela Community Schools Trust …
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Turbulence ahead: 20 airlines targeted by EU over greenwashing

“If we want responsible consumers, we need to provide them with accurate information … They deserve accurate and scientific answers, not vague or false claims,” EU Commissioner for Values and Transparency, Vera Jourova In their first major coordinated anti-greenwashing enforcement action, the European Commission and EU consumer authorities, prompted by a complaint from the European …
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Assessing the Impact: The EU’s Corporate Sustainability Due Diligence Directive

On 24 May 2024, the Council of the EU has formally adopted the Corporate Sustainability Due Diligence Directive (CSDDD). The directive, which will impose mandatory human rights and environmental due diligence as well as transition plan requirements on companies in scope, has therefore likely cleared its last major hurdle. This marks a big win for …
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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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