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social care - October 2019

25 October 2019

Welcome to our social care newsletter.

Sexual assault in the workplace: opportunity alone is not sufficient connection for vicarious liability

Browne Jacobson LLP were recently instructed by the defendant in a sexual assault claim in which the High Court had to carefully consider the sufficient connection test for vicarious liability to apply.

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More concerns on the horizon for social care services and private providers

In a survey conducted by Unison this summer more than half of our social workers say they are considering leaving the profession for a less stressful position.

Of 1,000 social workers surveyed 55% said they were thinking of quitting their roles.

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Foster carers are not ‘workers’ according to the Employment Tribunal

For anyone who has followed the evolving case law in the social care sector, this title is likely to raise some questions. Most notably, “What about the decision in Armes?”

In a judgment handed down by the Employment Tribunal on 23 July 2019 an appeal by the National Union of Professional Foster Carers (NUPFC) was dismissed.

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Child abuse inquiry – latest recommendations in the accountability and reparations investigation

The Accountability and Reparations investigations of the IICSA has already carried out a large amount of work.

Last month a report with its preliminary recommendations was published.

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Care Quality Commission and health & care regulatory update

Carl May-Smith will provide an update on CQC & Competitions & Markets Authority enforcement, a recent Tribunal decision on the registration of learning disability & autism services and the latest in CQC’s review of restraint, seclusion and segregation.

find out more >

focus on...

Legal updates

Cabinet Office advice for contractual behaviour which is impacted by the Covid-19 emergency

On the 7th May 2020, the Cabinet Office released its guidance on responsible contractual behaviour for both public and private sectors relating to the performance and enforcement of contracts which have been “materially impacted” by the coronavirus.

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COVID-19 for local authorities, arms length bodies and government - 19th May 2020

We are pleased to invite you to our on-demand Covid-19 webinar, where a number of key members of the team, and guest speaker Rose Grogan from 39 Essex, will be providing an update on current issues including the impact of Covid-19 on the NHS, local authorities and Clinical Commissioning Groups (CCGs) and the wellbeing of all employees over the pandemic.

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Legal updates

Deal prospects for 2020: challenges and opportunities

How will the current extraordinary events impact the transactional market? The COVID-19 crisis has certainly created enormous challenges for the deal market.

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Legal updates

Implications of the coronavirus on leisure providers

Due to covid-19 restriction, gyms and leisure centres are temporarily closed to reduce the spread of the disease. Nevertheless, the impact this has on leisure providers is critical due to loss of income and their limited cash reserves.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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