44 law Deregulation and directors’
responsibility for workplace risk The phrase ‘red tape’ denotes the irritating bureaucracy that surrounds government regulation and, by implication, unwarranted interference in running a business. However, anyone rejoicing in the Government’s proposals to introduce legislation in 2013 to 'cut red tape' cannot sit back and relax, writes Julie Bond, partner, Manches LLP
Some outdated regulations will go, for example, the quaintly named Locomotives and Waggons (Use of, on Lines and Sidings) Regulations 1906, but the fundamental responsibility for workplace safety created by the Health and Safety at Work Act 1974 (HSWA 1974) is unchanged. So, for example, whilst the old Locomotives regulations, which require anyone who is moving a train after dark to ensure adequate lighting, will disappear, the general obligation to operate trains safely will remain, and the HSWA 1974 could still be breached if an accident occurred as a result of failure to provide adequate lighting. Furthermore, the changes are UK only, and regulations imposed by the EEC are unaffected.
So whilst red tape may be reduced
Retirement: not on agenda
In the 2012 Legal 500 report, it was incorrectly published that managing partner Derek Rodgers has retired from Gardner Leader, a leading law firm in the South East region.
Gardner Leader is pleased to clarify that Derek Rodgers is and remains the managing partner. Rodgers was appointed managing partner in May 2011, taking over from Derek Child who recently retired. Greg Humphreys is partner and head of the commercial team at Gardner Leader.
Rodgers has posted a light-hearted blog on the error and the firm’s expansion plans:
http://www.gardner-
leader.co.uk/blog/reports-of-my- retirement-are-exaggerated/
Gardner Leader was listed as one of the most recommended legal firms in the South East for the fifth year running in this year’s Legal 500. In particular, Gardner Leader, which has offices in Newbury and Thatcham, was recognised for its success in winning a number of new corporate and litigation clients based in London and outside of the Thames Valley area.
www.businessmag.co.uk
in some areas, the responsibilities of senior management have not decreased, as the emphasis shifts from prescriptive regulation to the assessment of genuine workplace risks. The emphasis is now on prevention and preparedness which affects all aspects of a company’s business.
The UK already has amongst the lowest levels of workplace related injuries in Europe, but the public accepts less risk, and, in many ways regulations impose more individual responsibility on company directors in many areas of business operation. Some health and safety offences now attract unlimited fines. Company directors who are convicted of breaches of the HSWA 1974 can be disqualified from being company directors in future and both
companies and directors can be held liable for manslaughter.
Meanwhile, the UK Corporate Governance Code now requires boards of directors to maintain appropriate and effective systems of internal controls to maintain the company’s
investment.This development is not limited to financial matters but brings health and safety issues to the boardroom in the guise of good financial governance, as high fines for health and safety breaches could have a significant effect on the value of a company’s assets, including the value of its brand. Failure to comply with the Code could lead to a non-compliance disclosure in the annual report, potentially attracting unwanted interest from the press, institutional investors and
shareholder activists, and resulting in possible reputational damage.
Compliance thus requires the creation of a corporate risks policy and supervision of its implementation at the most senior level. 'Cutting red tape' merely reflects the fact that these days the law is concerned less with the method by which safety is achieved and more with its effectiveness. You had better make sure that you know what your obligations are, because from here on, it is all down to you.
Details: Julie Bond 01865-813609
julie.bond@
manches.com
Henmans set to combine with Freeth Cartwright in £50 million tie-up
Oxford-based law firm Henmans LLP and the regional heavyweight Freeth Cartwright have agreed to join forces. The integrated Group will have 629 staff including 125 partners, a network of 10 offices nationally and a total revenue approaching £50 million.
Henmans is a leading force in the charity, private client, agricultural services and insurance sectors and has over the past 120 years grown into one of the largest law firms in the Thames Valley.
Freeth Cartwright is a national firm offering a wide range of services to both the commercial and private client sectors. It has offices in Birmingham, Derby, Leicester, London, Manchester, Milton Keynes, Nottingham, Sheffield and Stoke on Trent.
Malcolm Sadler, senior partner at Henmans, said: “This merger presents us with an opportunity to expand our client base across
the country. By combining our resources, Henmans and Freeth Cartwright will become a key player among the UK’s top law firms. This is a very exciting time for Henmans and we very much look forward to the opportunities this merger will provide.”
Peter Smith, chief executive at Freeth Cartwright, said: “This merger is a major step forward for both firms in achieving our long term strategic objectives and strengthens the services we are able to offer our clients. We very much look forward to working together in our project to become a leading national firm.”
As with previous additions to the Freeth Cartwright Group, Henmans will remain a separate entity and will rebrand as Henmans Freeth once the merger has completed.
Henmans is ranked as a first-tier law firm for a number of practice
areas by The Legal 500 and Chambers directories, including commercial property and private client.
Fourteen of the firm’s partners are ranked as ‘leaders in their field’ by Chambers & Partners UK Guide 2013 edition.
Henmans also recently won a prestigious award in the category of “Best for Career Progression” in the Top Employers for Working Families 2011 awards.
Freeth Cartwright LLP currently has 104 partners and directors and a total staff of 500 across the offices. The firm is ranked by The Legal 500 as a ‘Regional Heavyweight’ and is also ranked in first place for a number of categories of work by The Legal 500 and/or Chambers UK Guide, including dispute resolution (Chambers). Forty two of the firm’s lawyers are ranked as leaders in their field by Chambers.
THE BUSINESS MAGAZINE – THAMES VALLEY – NOVEMBER 2012
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