What to watch in 2010

DECEMBER 2009

Goodman Derrick’s departmental teams cast a spotlight on legal issues that will be important in 2010.

Property

Could 2010 see the end of the controversial Home Information Pack?   It has certainly been a matter of debate as to whether HIPs help or hinder the conveyancing process. The Conservatives have confirmed that, if elected, they would scrap Home Information Packs "in a matter of weeks" (although energy performance certificates may well be saved). The key question is whether HIPs would be replaced by a different model, and no doubt the discussions will continue for some time to come.

A Conservative government may also, it is reported, raise the threshold for SDLT to £250,000 in order to help first time buyers. 2010 is shaping up to be a year of change in the property world, so clients and their advisors will need to keep a close eye on political developments. 

Private Client & Charities

The Charity Commission have indicated that the new form of charity called a Charitable Incorporated Organisation (“CIO”), which is a hybrid between a trust and a charity company, should be available as an option for registration at the Charity Commission by the summer of 2010.

Existing charities, which are companies, may wish to take advantage of this new regime in order to lessen the burden of filing annual returns and accounts at Companies House.  In addition, trustees of trusts may find the advantages of limiting their liability attractive.  For more details, contact Ian Bradshaw on ibradshaw@gdlaw.co.uk

Litigation

Expect more 'credit crunch'/recession related claims coming through the pipeline, especially when/if the recession bottoms out and people become more confident about spending on legal costs.

Lord Justice Jackson's report on his review of litigation costs is imminent. However, with the election looming, changes that require legislation to be enacted are unlikely to happen any time soon.

The debate over English libel laws will continue.  It is just possible that some legislative reform could be pushed through before the election, as this would chime well with sections of the press that are campaigning for reform.

Employment

THE AGENCY WORKERS DIRECTIVE (“AWD”)

After a long debate on the need for protection for agency workers, the government’s stated aim is to pass the regulations implementing the AWD by April 2010 and for the new law to be brought into force on 1 October 2011.
The major new rights and obligations concerning agency works are:

1. The provision of the same “basic working and employment conditions” to an agency worker after 12 weeks on assignment, as they would receive if they were recruited directly into the job by the hirer at the beginning of the 12 week qualifying period.

2. The right during an assignment (i.e. from day 1) to be treated no less favourably than a comparable employee in relation to access to canteen or other similar facilities, access to childcare facilities, and the provision of transport services.

3. The right from day one to be given information on and to apply for permanent vacancies in the end user’s business.

THE EQUALITY BILL

After 4 years in the making, the government plans to pass this Bill before the next general election, and it is intended to come into force in October 2010.  It will harmonise and strengthen existing anti-discrimination legislation concerning sex, race, disability, sexual orientation, religion or belief and age, adopting a unified approach where possible. 

RIGHT TO REQUEST TIME OFF FOR TRAINING

Consultation has been completed on the creation of new rights to request time away form work to undertake relevant training once the employee has 26 weeks’ continuous employment.  The procedure for making the request will follow that used for flexible working.  There will be a requirement that the training should improve business performance and productivity.  The employer will be entitled to refuse requests for good business reasons.  The right is expected to be introduced next year.