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Commercial Client Update July 2009

Commercial Client Update
July 2009 

Welcome to our July 2009 newsletter. We hope it is of interest to you. Please do contact us to assist you. We'll try our very best!

Regards,

Your Commercial Team
Fieldings Porter

Tougher regulation for banks and more protection for consumers: the crux of Alistair Darling’s crisis-preventing proposals for the reform of the financial system just announced early this month. So what’s involved in the Chancellor’s latest plans?

Well amongst other things, risk-taking and misconduct in banks and investment houses will be dealt with by reinforced FSA powers; consumer ‘risk alerts’ – like health warnings on tobacco and alcohol – will be slapped on financial products like pensions and mortgages; a bank-funded national money advice line for consumers will be on hand and there will be more rigid controls on small business overdraft charges. The Treasury, FSA and the Bank of England will form a ‘Council for Financial Stability’ to report on arising financial stability risks. Lots to take in for businesses and consumers alike. More info: http://news.bbc.co.uk/1/hi/business/8138705.stm

Feeling better about the future yet? Perhaps these facts and figures will help swell the light at the end of the tunnel: a British Chambers of Commerce survey of 5,600 companies revealed "welcome progress" in confidence levels between April and June and for next year; UK top business lobby organisation the CBI has predicted a return to economical growth of 0.7% and the government has forecast the economy will grow by 1.25%. Getting better all the time? Let’s see.

Now on to this month's news and reports from the legal world.

Legal News

If you are considering the sensitive business of making redundancies then take some time to read through the various stories on our website. One in particular this month details a case concerning age discrimination when selecting candidates for redundancy. Rolls Royce plc argued that their trade union’s length of service criterion amounted to unlawful age discrimination against younger employees. However, the Court decided that the criterion respected the loyalty and experience of the older workforce and protected older employees from being forced onto the labour market at a time when they would find alternative employment hard to find. It’s an interesting read and one that proves the need for taking proper legal advice when contemplating redundancies. If you are, please contact us in strict confidence.

If temporary agency workers make up part of your workforce then it’s time for you to have your say on their equal treatment where basic working conditions are concerned. The Government is currently seeking opinion on the implementation of a new Directive on temporary agency work, which affords agency workers with 12 or more weeks service the same treatment as those who have been recruited directly. The article on our website provides further details together with a link to the consultation document. If you’d like to make your opinions known, you need to do so before 31 July 2009.

If your business deals with gypsum waste like plasterboard and plaster, then you’ll need to know about the changes to the law regarding its disposal which came in on 1 April 2009. Whereas before 1 April any waste containing less than 10% gypsum could be disposed of normally with biodegradable waste, now the rules have changed and anything containing gypsum that cannot be recycled must be deposited in a separate cell with non-biodegradable waste. More details can be found on our website this month and if you need advice specific to your business about environmental law, please get in touch.

YouTube Funny - Spinning Baseball Bat
A friend of ours sent through this link. Have a look, it's pretty amazing. Not sure I'd want to try this with a baseball bat, too much margin for error!
http://www.youtube.com/watch?v=nU9FRRoAA04

The Pipeline Card
Have you heard of the Pipeline Card? This consumer organisation was formed to try and get enough critical mass to go to one of the major petrol retailers and get a discount for anyone carrying a card. It's an interested concept and one that you might want to look at. They have over 500,000 members already.
http://www.pipelinecard.org

Age Discrimination and Selection for Redundancy

In a case that will be of interest to employers considering making redundancies, the Court of Appeal has dismissed, by a two to one majority, Rolls Royce’s appeal against a decision of the High Court ( Rolls Royce plc v Unite the Union ). ... read more ...

Consultation on Implementing the 'Agency Workers Directive'

The Government is seeking views on the implementation into UK law of Directive 2008/104/EC on temporary agency work, usually referred to as the ‘Agency Workers Directive’. This affords agency workers equal treatment with regard to basic... read more ...

Gypsum Waste

Firms dealing with gypsum waste, such as plasterboard and plaster, should be aware of changes to the law regarding its disposal. The disposal of gypsum waste and other waste with a high sulphate content to landfill together with biodegradable waste has been... read more ...