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Charity & Social Enterprise News - Issue 23 - August 2017

In this and future versions of CSE News we will be including a client feature discussing the charitable activities of one of our many charity clients.

In this issue, we are delighted to introduce So the Child May Learn – a charity set up by the charity team at Brabners in 2015.

Charity & Social Enterprise News - Issue 23 - August 2017

The recent case of Quan -v- Bray and Others [2017] EWCA Civ 405 examines a situation whereby significant assets donated to a charitable trust became the subject of protracted and complicated matrimonial litigation.

The wife, Li Quan and the husband Stuart Bray met in 1989 in Pennsylvania, USA when they were both studying towards their MBAs. Each worked separately around the world in the early 1990s whilst they were developing their careers.

Charity & Social Enterprise News - Issue 23 - August 2017

The first six months of 2017 has seen a number of tragedies that have brought out the best in communities across the country. Donations made to assist families and charities in the aftermath of the Manchester Arena Attack exceeded £2 million in the first 24 hours and a further example of this level of generosity has been seen in the aftermath of the Grenfell Tower Fire.

Charity & Social Enterprise News - Issue 23 - August 2017

For several years now, the governance of charities has been never been far from the spotlight. The fallout from the Cup Trust case, the crisis in fundraising and the collapse of Kids Company have all contributed to the perception that many charities are poorly governed; charity trustees are passive observers; and overpaid executive teams are running amok.

Employment Law Update 

In the case of MPT Group Ltd v Peel, the High Court held that employees were not under duty to disclose their intention to compete. 

Background facts

The defendants, Mr Peel and Mr Birtwistle were employed by MPT Group Ltd, a leading producer and supplier of mattress machinery, where they held senior positions as a technical manager and technical sales manager respectively until they resigned on 4 August 2016 bringing to an end their employment on 1 September 2016. 

Clarification of tender submissions can be a minefield for contracting authorities. In addition, the growing trend for tender submissions being submitted electronically through a portal, can lead to additional problems such as tender documents not uploading correctly or incorrect documents being uploaded. Even where the tender submission is complete, answers may assume knowledge on the part of the reader that the contracting authority may not have, e.g. because the answer is very technical.

Public Procurement Law Update - July 2017

Employment Law Update 

An employee claiming unfair dismissal on the basis of alleged whistle-blowing can benefit from the following:

In an unsurprising decision, the Employment Appeals Tribunal (EAT) has handed down its judgment in the case of Fulton and another v Bear Scotland Ltd (No.2).

Whilst the decision confirms its previous position, it is a useful reminder that a gap of three months or more in a series of deductions (in this case, underpaid holiday pay) will mean that the Tribunal does not have requisite jurisdiction to hear the claimant’s claim.   

Facts of the Case

We previously wrote about the changes to PSC reporting requirements that were expected because of the UK Government’s commitment to implementing the EU Fourth Money Laundering Directive (Fourth Directive). The Fourth Directive needs to be transposed into UK law by 27 June 2017. With this deadline fast approaching Companies House recently published a press release detailing the additional anti-money laundering measures which will come into force on 26 June 2017.  

Different corporate bodies