Blog
From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
31 May 2017
Guilty pleasures – securing a reduction in sentence for guilty pleas in health & safety cases
It is fair to say that following the introduction of the sentencing guidelines in February 2016 there has not been much ‘good news’ for those who fall to be sentenced for health and safety offences. One year on and the guidelines have led not only to an overall increase in fines, but also, as my colleague Jonathan Grimes recently identified, to a wider range of possible sentencing outcomes reached by different judges in cases involving very similar facts. Robust enforcement from the Health and Safety Executive (HSE) continues, and in the opinion of my colleague Irene McMillan, can be expected to increase in future; in particular for those involved in the running and operation of very large companies.
25 May 2017
The slow death of the criminal standard in professional disciplinary proceedings
“Fairness is a constantly evolving concept. Hawkins J (Memoirs, chapter IV) recalled a defendant convicted of theft at the Old Bailey in the 1840s after a trial which lasted 2 minutes 53 seconds, including a terse jury direction: "Gentlemen, I suppose you have no doubt? I have none". Until 1898 a defendant could not generally testify on his own behalf. Such practices could not bear scrutiny today. But it is important to recognise that standards and perceptions of fairness may change, not only from one century to another but also, sometimes, from one decade to another.” Lord Bingham, R v H, R v C [2004] UKHL 3.
22 May 2017
Is amending the allegation at a late stage always prohibited?
PSA v HCPC & Doree [2017] EWCA Civ 319
17 May 2017
HCPC separates its investigatory and adjudication function by launching the Health and Care Professions Tribunal Service (HCPTS)
What is the HCPTS?
The Health and Care Professions Council (HCPC) is a statutory regulator tasked with, amongst other functions, investigating complaints about registrants from the 16 professions that it regulates and taking appropriate action.
15 May 2017
A ‘deep-seated attitudinal problem’ could be the difference between a suspension and a strike-off
PSA v NMC & Judge [2017] EWHC 817 (Admin)