CHARITIES. Case Studies

Transcription

1 CHARITIES Case Studies

2 CHARITIES Supporting our clients when they need us the most Our clients have full access to our Advice Resource Centre. This offers unlimited advice to support them and their businesses through any situation they may face. Our teams of advisors work on a proactive basis, offering advice and guidance to defuse potential situations before they arise, as well as support with all ongoing issues. LEGAL Our expert legal teams work with clients on a daily basis, handling any claims and legal matters that their businesses may face. We pride ourselves on supporting our clients through difficult and sometimes stressful situations, always considering the needs of the business as a whole. & LEGAL Our Advice Resource Centre works seamlessly with our legal teams and when a business faces a situation that requires advice and legal support, our teams work together to resolve the issues quickly and efficiently.

3 As a law firm, rradar supports clients through all advisory and legal situations. We have brought together a selection of case studies to highlight different areas where we help and advise our clients.

4 01 PROTECT & SURVIVE What charities can do when their finances are under threat CLOSE CO-OPERATION, ADVICE AND GUIDANCE - A COMPREHENSIVE RESPONSE The client is a charity that provides support and services to those suffering disabilities. The client received a letter seeking payment of fees, in the sum of about 100,000, for services provided in connection with a return to work support plan initiative. The client contacted rradar in order to get advice and guidance about its options in the circumstances. A substantial volume of material, including the other party s correspondence setting out their position, was passed to rradar for review and analysis. Working in close co-operation with the client, rradar s legal team prepared a full, detailed and comprehensive response. Although this step involved a lot of work and therefore a significant cost, it succeeded in discouraging the claimant from pursuing the client for the outstanding monies. rradar s involvement in the case saved the client a great deal of time, money and stress which would have occurred if they had to resist the claim in court.

5 Charities are in a particular position of trust and need to ensure that they have taken all the steps available to protect their finances and by extension, their staff and service users. What action can be taken when legal action is threatened? Do you have the expertise and resources to defend your organisation if the unexpected happens?

6 02 DATA PROTECTION Keeping it all safe and sound 24/7 ACCESS TO A TEAM OF EXPERTS After the client, a nationally recognised charity, left its commercial premises, it discovered to its horror that a large volume of sensitive documents had been left behind. They were discovered by the subsequent tenant. This was a significant breach of the Data Protection Act rradar s 24/7 advice was crucial as our team of experts advised on and directed urgent recovery action, regaining control of the data. Further advice was given to help mitigate the effect of the breach. We worked in co-operation with the charity on an immediate investigation, as well as delivering revised policies and retraining for staff. rradar organised a forensic analysis of the data to determine what had been included in the breach. With rradar s advice and guidance, a voluntary disclosure was made to the Information Commissioner. rradar also advised on the content of the report that was being compiled, together with an analysis of the implications for the charity. What could have been a very serious incident was handled quickly and effectively, with expert guidance steering the client through their crisis to a successful resolution.

7 Charities hold a special position of trust and a great deal relies on their reputation in the community. Anything that threatens that is a serious issue. Protection from claims, allegations and prosecution is paramount if the charity is to continue its work.

8 03 ACCIDENTS IN CARE Keeping control in a crisis A LIFELINE IN DESPERATE TIMES Our client, a registered charity, provides palliative care to patients. A Hospice nurse administered an overdose of medication to a patient who subsequently died. An investigation by the police, Coroner and Care Quality Commission began. Post mortem examination of the patient suggested that the fatal overdose had caused his death, a conclusion supported by the pathologist. During the investigation, further evidence was produced which caused the pathologist to revise their conclusion. An inquest concluded that the patient had died as a result of bronchopneumonia, a consequence of oesophageal cancer. Throughout the investigation and the inquest we were with our client every step of the way. A lifeline in desperate times, we delivered careful advice and good representation as, also criticised for its internal practices and procedures, our client was vulnerable under the Corporate Manslaughter and Corporate Homicide Act 2007, the nurse was liable for gross negligence manslaughter and other charges were possible under the palliative care regulatory regime. Thanks to the provision of expert guidance, advice and representation at the investigation and inquest stages, the case was closed without a criminal prosecution being brought, thereby saving our client exposure to negative publicity, prolonged stress and the threat of fines or imprisonment.

9 A momentary miscalculation can end up having incalculable consequences and a tragic incident may quickly spiral out of control in an atmosphere of heightened emotions.

10 04 REGULATORY ISSUES How to stay within the rules and what to do if something goes wrong GUIDANCE AND SUPPORT TO HELP YOU IN A CRISIS, LEGAL REPRESENTATION IF THINGS GET WORSE The client was a charitable organisation whose accountant had filed their accounts late in breach of HMRC and Charity Commission rules. The charity s financial director lied to HMRC, blaming the accountant and IT problems, in order to avoid a significant financial penalty and a breach of regulations. The Chief Executive of the charity contacted rradar regarding the breach, which would have be disclosed and a report submitted to HMRC and Charity Commission. rradar s rradarstation provided guidance and support regarding the action that needed to be taken regarding the report and the expert legal team entered into negotiations with the regulator on the charity s behalf. It was felt that the trustees had exercised good practice and were not to blame for what had happened. The accountant was given a final warning and further training on compliance. Thanks to rradar s involvement in the case, the regulator accepted the charity s explanation of events and did not issue sanctions against it.

11 The complex world of regulation and finance can cause problems for charities whose reputations depend on strict compliance. The consequences of getting it wrong can be very serious so how can you stick to the rules and what happens if one of your staff doesn t do so?

12 05 A QUESTION OF TRUST Handling claims and grievances ADVICE AND GUIDANCE, WHATEVER YOUR PROBLEM The client is a charitable organisation. A grievance had been raised against the organisation and one of its trustees. The chair of trustees contacted rradar s rradarstation for guidance and support on the grievance process and how it would affect the trustee s ability to serve the organisation during that period. rradar s advisors provided support and guidance on the client s concerns, as well as advice on how to communicate the message to the wider trustee team. A grievance meeting was held and the client took appropriate action in order to protect themselves and the trustees. Thanks to rradar s involvement, the client was able to confront and take action against a problem that could have had serious consequences for the organisation.

13 A charity relies greatly on the reputation of its staff. If anything threatens that reputation, it can detrimentally affect the organisation and its ability to carry out the work for which it has been created. If you re facing a grievance or other allegation, can you be certain that you are able to defend both yourself and your reputation?

14 06 FAITH, HOPE & CHARITY Defending an organisation against accusations of wrongdoing ADVICE AND GUIDANCE WHEN YOU NEED CLARITY AND ASSURANCE The client was a local charity that contacted rradar for advice about accusations of misreporting and failure to hold proper financial reserves. rradar s expert legal team was able to provide advice, guidance and representation for individual trustees on charity roles and responsibilities, disclosure, reputational management and media interest. rradar s lawyers were also available to assist in investigating and uncovering evidence, building a case that could be put before the Charity Commission for the effective defence of the client. Because of rradar s effective involvement, the trustees were able to protect their positions and ensure they were able to handle the attention that the case generated.

15 When accusations are made against a charity, it is important that a robust defence is mounted. The challenges of assembling evidence, media relations, duties and responsibilities can often be overwhelming. You need expert advice and guidance to steer you through troubled waters and into a safe harbour.

16 07 A BREACH OF TRUST What to do if an employee crosses the line EXPERT GUIDANCE AND ADVICE, HELPING YOU TO HANDLE WHATEVER IS THROWN AT YOU The client is a national counselling charity. A caller was told by a particular counsellor that that the charity was experiencing long waiting times and that they should see the counsellor on a private basis. The employer was greatly perturbed to hear about this. They planned an investigation into the matter. The employer contacted rradar s rradarstation to find out how best to go about this, as well as getting guidance on contacting other individuals to learn if they had been approached in a similar way. rradar was able to answer the client s queries and the investigation started, rradar s advisors providing guidance during the process. Before the investigation had progressed very far, the counsellor admitted the allegations and a disciplinary process began. The employer asked rradar if they should continue the investigation and rradar advised them to do so in case the information was needed. Thanks to rradar s advice and guidance, the employer was able to handle what could potentially have been a very difficult situation.

17 The employer-employee relationship involves a great deal of trust and should that be broken, it can make subsequent events difficult to handle. If you are encounter such a situation, do you have the experience and know-how to handle it without causing yourself more problems?

18 08 HANDLING THE COMPLEXITIES OF TRIBUNAL NEGOTIATIONS Robust representation and knowledgeable negotiation PRODUCING A POSITIVE OUTCOME FOR YOU The client is a national charity which works in conciliation. An employee brought a claim for unfair dismissal and this went to ACAS Early Conciliation. At this stage, the employee said that she was aiming to settle for a considerable amount of money. The client was unwilling to do so, and the case progressed to an Employment Tribunal. On the morning of the tribunal, the employee indicated that she was prepared to settle for a far lower amount, as long as she obtained from the client a particular type of reference that would enable her to continue in the line of work wherein she had been practising. rradar s legal team were able to conduct negotiations between the client and employee which eventually produced a settlement that both sides could agree. Thanks to rradar s legal representation during the settlement negotiations, the client obtained a far better outcome than had initially been feared during the Early Conciliation stage. The client was able to get back to concentrating on the charity.

19 If your business is manufacturing, you will know that there is a vast range of substances involved in the production process. Can you be certain that you are aware of the health and safety implications and how to operate safely and within the requirements of the law?

20 09 ALLEGATIONS OF DISCRIMINATION How to achieve a win for everyone EXPERT ADVICE AND GUIDANCE GIVE YOU THE OPTIONS YOU NEED The client is a charitable organisation. Following several periods of absence due to ill-health, an employee submitted a grievance to the client and to ACAS citing acts of harassment and racial discrimination, which she alleged had exacerbated her ill health. The client contacted rradar to find out how they should handle the grievance. rradar advised that they should wait to see if the employee progressed the matter to an Employment Tribunal claim. If she did, rradar would act for the client. Subsequently, the client received communication from the employee stating that she wanted to drop her claim and return to work. She wanted to reduce her hours and rradar advised the client to get a doctor s report and a request in writing regarding her new schedule. Thanks to rradar s advice and guidance in the case, the client was able to handle the employee s grievance efficiently and swiftly, ensuring that a conclusion satisfactory to everyone was achieved.

21 If an employee alleges discrimination or harassment, it s important that the employer takes steps to resolve the issue before it becomes a full-blown tribunal case. Do you have the experience needed to make sure everything is sorted out and avoid costly legal action?

22 10 TERMS OF REFERENCE Ensuring that an employee leaves with no lasting problems REPRESENTATION, ADVICE AND NEGOTIATION SAVE YOU TIME AND CONSIDERABLE EXPENSE The client is a charitable organisation. A former employee had received a reference which in her opinion was defamatory and had caused her to fail to obtain a new job. She issued a claim against her former employer for a substantial sum. The client contacted rradar, who advised that a much reduced settlement figure should be offered and a new reference provided, subject to approval by the employee. However, the former employee rejected the offer but indicated that she would be happy with a settlement of half what she had originally requested. rradar advised the client to reject the offer and suggest a slightly lower counter-offer. A process of negotiation between rradar and the former employee ensued, that finally led to a figure being accepted by both sides. Thanks to rradar s representation, advice and negotiation, the case was settled for a sum a lot lower than had originally been requested. The case did not end up in court, meaning the client was able to concentrate on their charitable work rather than spend time and money defending their position.

23 References are a staple of the departure process and usually cause no problem. However, what happens if something goes wrong with a reference? Have you got the experience or the knowledge to disentangle yourself from the legal and commercial ramifications?

24 Enquiry Line Crisis Line rradar.com rradar is a UK law firm, operated through separately constituted and regulated legal entities in the Legalosophy group. rradar Limited (company number: ) is a licensed body authorised and regulated by the Solicitors Regulation Authority ( SRA ) under licence number rradar Limited is included on the register maintained by the Financial Conduct Authority ( FCA ) under refearence numbers LS and LS for its respective Hessle and Leeds offices. rradar is licensed to carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. rradar (Scotland) Limited (company number: SC519039) is a licensed body recognised and regulated by the Law Society of Scotland ( LSS ) under licence number rradar (Scotland) Limited is included on the register maintained by the FCA under reference number LSS rradar (Scotland) Limited is also licensed to conduct incidental financial business, allowing it to carry on insurance mediation activity.