 July 2008
We have recently commissioned a brand new website which will be launched shortly. The site is being created by the talented team at Fluvius ( www.fluvius.co.uk) who are also an Exeter based Company. Please be sure to come back and see our new and improved site!!
February 2008
ART @ THE RED HOUSE
Atkins Law are pleased to announce the re-opening of our highly successful project "Art @ The Red House" starting with a brand new exhibition by popular artist Hugh Miller.
There will be a private viewing on Thursday 13 March 2008 and The Red House will be open to the Public each Saturday morning between the 22nd March to the 13th June 2008.
Seminar - EMPLOYING MIGRANT WORKERS - July 2007
Michelmores Solicitors in association with Atkins Law will be hosting a free employment law seminar at their offices at Pynes Hill. To reserve your place please email info@atkinslaw.co.uk.
Employing Migrant Workers
Date: 25 July 2007
Time: 4pm - 7pm
Location: Michelmores, Woodwater House, Pynes Hill, Exeter
[link to Multimap]
Cost: Free
Over 40,000 migrant workers are employed in jobs across the South West, filling crucial gaps in the local labour market. The seminar will explore key considerations when employing migrant workers. Experienced speakers will discuss the legalities of recruiting employees from overseas, and leading members of the South West business community will discuss their practical experience of employing migrant workers.
This is designed to be an interactive presentation. Delegate participation will be encouraged, giving you the opportunity to raise questions and discuss topical scenarios with your business peers as well as questioning the guest speakers.
SPEAKERS / TOPICS:
Tim Davies, Associate Solicitor, Michelmores:
Key employment law issues when hiring migrant workers.
Natasha Gya Williams, Immigration Solicitor, Atkins Law Solicitors:
Immigration procedures for recruiting migrant workers.
Nathan Pearce, EU Director, Omega Resource Group:
Practical issues when recruiting employees from overseas.
Zoe Evans, Agincare:
Employing migrant workers for the care sector in Dorset.
Arthur Andrews, Winchester Growers Limited:
Hiring seasonal workforce in the agricultural industry.
Click here for an Application Form
To register for this seminar, please print-out and complete the Application Form and send to:
Merryn Marsh
Woodwater House
Pynes Hill
Exeter
Devon
EX2 5WR
Exeter City F.C. facing high legal costs after second successful defence - February 2007
City law firm, Atkins Law, of St David’s Hill in Exeter is spearheading a claim to recover the costs Exeter City Football Club have spent defending a claim brought against them by the club’s former managing director, Ian Huxham. Atkins Law has now added this week’s win to a series of successfully defended cases for a number of its business clients including the previously heard case Mr Huxham brought against Exeter City last summer.
The Exeter Employment Tribunal found in favour of the Club earlier this week after three days of arguments, taking only two hours to reach their decision. At the last successful defence of the ex MD’s case in the summer of 2005, the Tribunal took almost four weeks to arrive at the same finding.
Despite successfully defending their case twice, the Club is now left with a substantial five figure legal bill which Atkins Law’s head of practice, John Atkins, argues should be for the Lord Chancellor’s Department to meet. The Lord Chancellor’s Department is the government department responsible for the Tribunals Service including the Employment Tribunal.
John Atkins contends that the second hearing was only made necessary because of a mistake on the part of the Tribunal Service where two members of the employees’ panel were appointed to hear the original case. The regulations say that only one member is allowed from the employees’ panel, and one from the employers’.
“We are highly experienced in defending employers in the Employment Tribunal,” said John Atkins but added, “we have never seen anything like this before. In these circumstances, it simply cannot be right that in a Tribunal setting, where costs are very rarely awarded against the losing party, that the Club are left with the very high costs involved in re-running this claim. It was the Tribunal Service’s fault that this case had to be re-heard in the first place”
The Lord Chancellor’s Department’s position so far been is that only the actual costs of the Hearing itself should be claimed. John Atkins points out, however, that Mr Huxham’s representatives have raised a very high number of new queries, objections and evidence. The costs of the Club’s preparation for the new hearing has been therefore pushed up through no fault of the Club.
“All of the correspondence and pre hearing arguments in chief raised by Mr Huxham’s solicitors have had to be dealt with properly. To do otherwise would have seriously prejudiced the club’s interests,” said Mr Atkins. “That they raised the points and issues they did is not at issue here. What is, is that all of this work was made necessary by the Tribunal Service’s error and my argument to the Lord Chancellor’s Department is that in these highly unusual circumstances, they should pay for the entirety of the recently concluded proceedings and not just the advocacy itself which in this case is the lesser part of the club’s final bill.”
The reasons for this week’s decision are still awaited but Mr Huxham, in a statement to the BBC this week, has signalled that this hearing marked the end of his litigation against City as far as he was concerned, and added his best wishes for the Club’s future.
ART @ THE RED HOUSE - September 2006
The 28 September 2006 sees the latest Art Exhibition at one of Exeter’s most innovative new exhibition spaces – The Red House on St David’s Hill.
The Exhibition will commence from 5.30pm onwards, where members of the public will be welcomed and invited to view the new impressive collection of both artwork and sculptural pieces whilst enjoying a glass of wine or two.
The latest collection features the work of Sally Gaden who produces both photographic and print work, Jennie Wilkinson shall be displaying her latest collection of handmade woven rugs whilst Tammy and Tracey Humphreys will present their beautiful collection of in and outdoor sculptural pieces and Judi Morton shall exhibit her sea and landscapes of the Devon coast, these artists have been brought together under the curatorship of Clare Fisher based at Beaford Arts. All of the artists involved in this exhibition are Devon based and well respected artists within the South West community.
The Red House is essentially a Law firm specialising in Employment & Immigration matters but our office space has been transformed into a canvas whereby local artists can showcase their work for a period of four months at a time. The Red House has been successfully renovated with appropriate lighting and hanging systems and is decorated in neutral tones to maximise the artwork on display. The art exhibitions have proved to be very popular with clients and visitors so far, our last launch evening in May saw the sale of over £10, 000 worth of art work.
The main motivation for turning our office space into a gallery was not just to provide a more inspirational pleasant working environment for staff but to help support our local business community and ‘ give a little something back’ to local people. The artwork has made a significant difference to clients who have commented they feel more relaxed, reassured and at home in our office – which can only be a positive thing.
For further information about this exhibition and future events please contact us on 01392 671657 or e mail enquiries@atkinslaw.co.uk.
ASK THE PROFESSIONALS - August 2006
Atkins Law is currently assisting local employers prepare for what is expected to be the most significant change in UK employment Law in recent years.
Within the next few weeks Age Discrimination at work will become unlawful in the UK for the first time, and is certain to represent a massive culture shock for many employers.
The new Age Discrimination law marks the final step of the Government's implementation of the European Equality Directive. It will affect all aspects of employment, including: advertising, recruitment; pay, benefits, employment conditions; redundancy, retirement and dismissals.
The new law will be in force from 1 October 2006 and is predicted to lead to a significant number of employment tribunal claims.
Experience from other countries where Age Discrimination is already unlawful, can give us an idea of how significant this change will be for UK employers. Age Discrimination claims are common in the Republic of Ireland, where it has been unlawful since 1998; and figures from the USA show that in 2004, 17,837 age discrimination claims were filed there.
Don’t get caught out. Atkins Law can help employers avoid falling foul of the new law, so get in touch by telephone 01392 671657, or email enquiries@atkinslaw.co.uk
ART @ THE RED HOUSE - May 2006
4th May 2006 saw the latest Art exhibition launched at Devon’s most innovative new exhibition space when, at 5:30pm, Atkins Law Solicitors opened the doors on a new collection of Art @ The Red House.
This latest impressive collection features work by four outstanding artists, brought together under the curatorship of Clare Fisher of BEAFORD ARTS. Deborah Treliving, Lynn Walters, Rosie Musgrave & Zoe Hyde will take over The Red House, a specially designed space where artworks are integrated into the life of the building, for four months. With lighting, hanging and decoration specifically designed to complement the work space, The Red House provides an inspirational environment for staff and clients during working hours with the building being opened to other visitors at regular viewing evenings and open days.
Art @ The Red House is an integral part of Atkins Law’s commitment to the community it serves, a rolling project which features in the lives of those who work for the practice and in the life of Exeter generally.
For John Atkins, Head of Practice, art is not just for short festivals, but is a part of our every day lives. Commenting from his office, John said:
“Atkins Law’s interaction with our local arts community mirrors closely the depth of our ongoing commitment to our clients, both corporate and individual. This fusion of high quality local arts with the equally solid and innovative legal work we do daily is just another manifestation of the ethos of our firm. We all strive to achieve the highest standards and the difference comes with the tangible success of our exhibiting artists again mirroring the success we achieve our clients daily. I am delighted to welcome such a highly regarded group of artists exhibiting from May in the project.”
Art @ The Red House will feature the work of up to twelve local artists every year and further supporting Devon’s creative community is an integral part of the practice’s longer term thinking. Atkins Law already host the South West Academy of Fine and Applied Arts and further special events during festival periods, including seminars by artists and other events, are currently under discussion. Atkins Law are currently developing a community based annual sculpture competition where local artists can submit designs which will then interpret into finished work. The winning work will feature prominently on a specially designed and built illuminated plinth at the entrance to The Red House for a year. The winning sculptor will, of course, receive full attribution.
This fusion of work and exhibition space has been organised in collaboration with Aune Head Arts and Beaford Arts and is already delivering results, in excess of £3500.00 of work was sold from the last collection.
Further details of current and upcoming exhibitions can be found on our website or contact us at Atkins Law at enquiries@atkinslaw.co.uk or alternatively please telephone 01392 671657.
PICASSO MODEL VISITS ART SHOW
(Exeter Express & Echo 8th May 2006)
Artists made some £10,000 worth of sales within just 30 minutes of their work going on display at a new exhibition in Exeter. Members of the public snapped up prints, carvings, wire work and sculptures following the launch of the work at Atkins Law, in St David's Hill, on Thursday.
The collection featured the works of Zoe Hyde, Rosie Musgrave, Lynn Walters and Deborah Treliving.
Guests included Picasso's former model Sylvette David, now known as Lydia Corbett, who was the inspiration behind more than 40 of Picasso's most well known pieces.
Visitors to the launch were able to view Ms Corbett's own works in a presentation showing throughout the evening in the firm's dedicated conference facilities.
The firm's head of practice, John Atkins, said: "This is a community project and to see the community rally to support some of the region's most talented artists was fantastic.
"I was particularly excited to see Lydia at the event, and to be able to preview her work to our guests."
Atkins Law has made a commitment to the local art community to showcase the work of 12 artists per year.
The exhibition runs until September.
Anyone interested in an invitation to one of the regular public events should contact us at enquiries@atkinslaw.co.uk or telephone 01392 671657.
In December of 2004 Atkins Law financially supported Christian Response to Eastern Euope (CR2EE) in reponse to their plea to help a severely disabled six-year old from Moldova.
Timi had been crippled since birth and had to drag himself around on his elbows. He couldn't leave his home on the top floor of a block of flats without being carried. Treatment for him was not available in Moldova and in time his mother was no longer going to be able to help him. This meant the grim prospect of facing life in an asylum.
CR2EE arranged for Timi to be diagnosed and he was suspected to have a serious neurological complaint, but that his difficulties could be cured with intensive physiotherapy.
The funding provided by Atkins Law enabled Timi to travel to the UK to receive the treatment he needed.
Mr Hugh Scudder of CR2EE has just reported back to Atkins Law on Timi's current situation, and its great news:
'I am pleased to say that Timi is doing very well and when I was with him just prior to Christmas he stood up unaided. This is really quite superb. His parents were overjoyed.
Timi is very keen on doing his exercises and is progressing really well. This is very important, as you know they live in a block of flats where there is no lift. Timi is getting physically too big to carry all the time.
I am extremely grateful to you for the support that you have given and I hope you are delighted in the difference it has made to little Timi.
His life is totally transformed, remember all he could do was crawl on the floor, but now everything has changed and he sees the world totally differently now he is able to stand and walk. His walking should improve quite quickly.'
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ATKINS LAW WELCOMES SOUTH WEST ACADEMY - February 2006.
As a part of its continuing commitment to the year round cultural life of the community in Exeter, Atkins Law is delighted to welcome to its new offices in St David’s Hill the South West Academy of Fine and Applied Arts.
After a long search for a new office in Exeter for the Academy’s administrator, Atkins Law have stepped in to save the charity’s having to move the Academy’s permanent presence out of the City, together its prestigious summer exhibitions, as well as its other high profile events.
John Atkins, Head of practice at Atkins Law, said: “We could not stand by and watch one of the city’s most important arts organisations leave the city. The annual exhibitions organised by the Academy are extremely important events for the city and see many hundreds of visitors coming to the city from all over the country. It would have been a bitter tragedy to see the Academy leave Exeter”.
The Academy’s facilitator, Jed Falby, said “It is our intention to promote the cultural and creative Arts throughout all the South West. The South West Academy can now more truly live up to its name with an office in St David’s Hill, Exeter, with thanks to Atkins Law, a new base at Sterts Arts Centre in Cornwall, and a series of exhibitions planned in the exciting new Galleries at Peninsular Arts at Plymouth University.”
Fiona Baxter starts working from the offices shortly, but any mail for the Academy can be sent to Atkins Law now for collection when Fiona starts work later this month.
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Exeter Means Business - January 2006.
(Atkins Law’s contribution to the Express and Echo’s annual business supplement).
Atkins Law, the specialists in Employment Law and Immigration Law, are growing from strength to strength. – “Business is great, and we are looking for more.”Atkins Law (previously Atkins Public Law) is one of a number of niche firms in Exeter providing specialist legal services, and proving that you do not need to go to London for top quality advice. “By providing specialist services we can ensure the highest quality advice, and guarantee that clients will see someone who really knows what they are talking about.”
Atkins Law has grown significantly during the past 12 months, the workforce has more than doubled and the firm has recently relocated to prestigious new offices at The Red House in St David’s. The firm has also recently dropped the word “public” from its name to reflect its more commercial approach.
The firm remains firmly focussed on maintaining its friendly and approachable atmosphere and it is keen to provide more services to SMEs in Exeter and throughout Devon. “As an SME ourselves, we understand the issues that SMEs in Devon and Exeter face.”Judith Hockin heads up the Immigration Law department, which focuses on business immigration work, such as work permits and highly skilled migrants, helping to bring money and expertise into the region and reverse the flow of skilled workers heading to London or overseas. Akins Law does not undertake any legal aid immigration or asylum work.
Atkins Law is community focussed. Matthew Huddleson, who heads up the EmploymentLaw department, is involved with Exeter Council for Voluntary Service, providing employment law training to its members. The firm also advises local sports clubs including Exeter City Football Club, and Isca Hockey Club.
Head of Practice, John Atkins, is behind a new scheme run in collaboration with Aune Head Arts and the Beaford Centre, entitled “Art at the Red House”, which will see local artists’ work displayed throughout the building. Special viewing evenings and open days at weekends will allow the artists to showcase their work. The first exhibition features the paintings and photographic works of sisters, Clare and Emma Fisher.
There will also be an annual sculpture competition for local artists. The winning design will be commissioned and placed (for one year) on a specially designed plinth at the front doors to the offices.
One other specialist area of law, practiced by Atkins Law, is prison law, through which the firm assists life sentence prisoners through the rehabilitation process.
DISCLAIMER: This document is for general guidance only. All liability is excluded for actions taken or not taken in reliance on these guidelines alone. Specific advice should be obtained in each specific case.
Please contact the Team at Atkins Law
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SPORT, ART AND THE LAW – A UNIQUE BLEND! - January 2006.
On Thursday 19th January 2006, Atkins Law Solicitors, the specialist Employment and Immigration firm, celebrated the opening of its prestigious new offices opposite St David’s Station, Exeter.
The impressive Red House has been beautifully restored to bring one of the city’s landmark buildings back to life. The building provides spacious facilities which help Atkins Law to ensure that their clients are received and cared for with full respect, whatever their circumstances. The creation of space and equipment to suit those who may have disabilities has been an important priority for the firm. Facilities also include a designated and equipped Parent and Child room.
Two of its new sports clients, Exeter City Football Club and ISCA Hockey Club, joined Atkins Law to celebrate the opening of the new premises. Other guests included senior representatives of local businesses, clubs and associations.
Also lending a feeling of real ‘difference’ is the superb display of art at the Red House. As part of their drive to promote the activities of the community, the firm has established significant areas of its premises as a gallery and showcase for local artists of all media and backgrounds, ages and interests. Art at the Red House will feature work from Clare and Emma Fisher during the first part of 2006, with 19th January being the opening day for this exhibition. Atkins Law will also be running a sculpture competition for local artists in the near future.
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Employment Law News
Age Discrimination - The New Age is Here... - September 2006
Employers must ensure that they are prepared for what is expected to be the most significant change in UK employment Law in recent years. From 1 October 2006 Age Discrimination at work will be unlawful, and it is certain to represent a massive culture shock for many employers.
The new Age Discrimination law marks the final step of the Government's implementation of the European Equality Directive. It will affect all aspects of employment, including: advertising, recruitment; pay, benefits, employment conditions; redundancy, retirement and dismissals; and employment references. It is intended to protect the young and the old alike, and it will challenge some of the longest standing and entrenched principles of the UK’s working culture.
The new law is predicted to lead to a significant number of employment tribunal claims. Experience from other countries where Age Discrimination is already unlawful, can give us an idea of how significant this change will be for UK employers. Age Discrimination claims are common in the Republic of Ireland, where it has been unlawful since 1998; and figures from the USA show that in 2004, 17,837 age discrimination claims were filed there.
The new Age Discrimination Law is broadly in line with the more familiar laws relating to race and sex discrimination, but there are some differences between the application of the laws so it is prudent not to simply rely on your experience of the existing laws.
The new law makes it unlawful to directly discriminate on grounds of actual or perceived age (for example, not recruiting someone because they are too old/too young is unlawful).
It is also unlawful to apply a “provision, criterion or practice” that will have a disproportionate adverse effect on one age group as opposed to another (for example, asking for “recent graduates”, will rule out many older workers and is unlawful). This is called “indirect discrimination”.
It is unlawful to harass someone on the grounds of their age (This might include light-hearted jokes and birthday cards as well as more clear-cut harassment).
It is unlawful to victimise someone for attempting to enforce their own rights, or supporting another person’s, in relation to this law.
Why is age discrimination such a big risk for employers? Well, everyone has an age, and everyone can identify people of a different age who have been treated differently from them for whatever reason. The key thing that an employer needs to do is to make sure that the difference of treatment has nothing to do with age (or any other prohibited factor).
Atkins Law can help employers avoid getting caught out by the new law, so get in touch by telephone 01392 671657, or email enquiries@atkinslaw.co.uk
DISCLAIMER: This document is for general guidance only. All liability is excluded for actions taken or not taken in reliance on these guidelines alone. Specific advice should be obtained in each specific case. Please contact Atkins Law on (01392) 671657.
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Bullying In The Workplace - July 2006
Employers who still think that bullying is something that only takes place in the school playground will need to think again. Sure, the bullying which occurs between adults might not be of the same physical nature, or as outwardly abusive, as it typically is between children, but the sophisticated psychological torture which is employed by the adult bully can be far more damaging, potentially resulting in nervous breakdowns that can see employees unable to work for years at a time.
Workplace bullying has become a national problem across the UK, and employers are likely to find it more and more difficult to hide behind the actions of employees as awareness of the problem increases. There have been calls to make workplace bullying unlawful in its own right, although it is questionable as to how that would work in practice.
It is difficult to know whether bullying in the workplace has increased or whether there are simply more people speaking out claiming to having been bullied. Whatever the reason, it has become a hot topic and is being discussed more than ever. It is now thought that nearly 50% of the UK adult population have been or are being bullied in their place of work.
As awareness of the problem grows, and it becomes even more of an issue of political debate, employers will be expected to take pro-active measures to ensure that bullying is not occurring in their workplace. For example considering it as part of regular risk assessments, and implementing preventative measure, just like with any other health and safety risk.
Courts and Tribunals will become less reluctant to find that there has been bullying as it becomes more acceptable to speak out about the problem. While decisions like the recent Deutsche Bank worker being awarded in the region of £800,000 are likely to be rare, they indicate how seriously the Courts are starting to take these matters.
The UK’s culture of hard work and long hours, can only amplify the effect of bullying on employees, and with that in mind it is perhaps no surprise that we in the UK proportionately suffer from the highest levels of stress related illness in Europe.
Despite the fact that “Bullying” is not itself an unlawful act per se, cases of bullying arise in the Employment Tribunal typically as cases of sexual, racial or disability harassment, but also as cases of constructive dismissal. All employers should have an equal opportunities policy in place already, but it is the constructive dismissal cases that are arguably the more difficult to predict and/or avoid.
Atkins Law recently successfully represented a former deputy head teacher of a Plymouth school in relation to her constructive dismissal case against the school that she had worked for. This case received national media attention having been described as the “worst case of bullying” by the HR professional who had originally investigated the employee’s grievance. The Claimant was awarded in the region of £58,000 by the Employment Tribunal, which found that she had indeed been constructively dismissed. The total cost of def |