legal spotlight Corporate, commercial and criminal
Prolific. Dynamic. Progressive. Just some of the words that have been used to describe the criminal practice within Eric Robinson Solicitors and while many prefer to keep this area of law in the shadows, the firm’s pride of success in this area of law has led to a respect and following from the corporate world
When David Franklin first joined the criminal team at Eric Robinson Solicitors in 1992, the climate, audience and demand for his expertise was a world away from the present day. Since taking leadership of the department in 2014, it has won prestigious contracts, found an ever-increasing client base within the commercial sector and been rated as ‘exceptional’ in The Legal 500.
“There has always been a crossover between my department and the commercial team, it’s just that, understandably, it is seldom mentioned,” he explains. “Criminal law can affect people in all areas of business – tax returns and accusations of fraud, health and safety issues and motoring offences to name just a few.
“We are regularly called on to negotiate with VAT inspectors. One client had over quarter of a million pounds worth of assets seized, but we were able to get over 75% of it returned almost immediately.
“Another corporate client was facing criminal prosecution after an employee engaged in
construction caused serious damage and claimed it was a result of inadequate health and safety precautions. We proved the accused wasn’t to blame.
“Our representation of business people has grown through word of mouth. People are embarrassed to call in and ask for a ‘criminal’ solicitor, but anyone can have a brush with the law. Seeking advice and legal representation should have no shame attached.”
In addition to these new markets, Franklin secured a prestigious five-year Legal Aid contract across the county of Hampshire and its surrounds, leading to a recruitment drive for new members of staff to join the existing team of 15 and the opening of the firm’s ninth offices in Portsmouth.
“While our reputation goes from strength to strength, allowing our achievements and work to shine, there is a growing recognition and acceptance of the role we play in the business community for which we are very proud.”
Trethowans warns on Pimlico Plumbers verdict implications
As yet another high-profile court case rules in favour of a self-employed worker, Simon Rhodes, senior partner and head of employment at Trethowans explains how the result could have implications on businesses in Hampshire.
A plumber working for Pimlico Plumbers has won a legal battle for working rights in a court ruling at the Court of Appeal. Gary Smith, who was self-employed but worked solely for Pimlico Plumbers for six years, wanted to reduce his working days with the plumbing firm after a heart attack.
The firm refused and Smith claimed that he was dismissed. However, the Court of
Appeal ruled that he was entitled to basic workers’ rights even though they believed that he was technically self-employed.
Simon Rhodes from Trethowans said the result could impact Hampshire businesses in similar situations.
He said: “The people working for you, or providing services personally for you could be an employee, a worker or self-employed. Those are the only legal categories. There are confusingly different definitions of employee depending on which laws you are dealing with, but they are the three main categories.
“Other titles bandied around like zero- hours workers, freelancer and consultant are effectively all nicknames, given for convenience. Those people still have to be either an employee, a worker or self- employed. It matters because each one has different rights, for example, unfair dismissal and redundancy entitlements only apply to employees.
“Employers need to making sure that the reality of the relationship, the documentation and the tax position all line up together. That’s not always easy, but if employers don’t get it right, then one of their people may take them to an employment tribunal to ask for clarification. “Some employees and workers are being treated as self-employed to avoid giving holiday pay or paying the national minimum wage. While that’s the situation, more cases like this are bound to follow.
“At a time when companies are facing a real battle for talent, as well as pressure from consumers to be ethical employers, it’s so important that businesses treat all their staff fairly. Our advice would be to review the status of every person doing work for you and make sure their correct status is very clear in the contract and other documentation you enter into with them.”
THE BUSINESS MAGAZINE – SOLENT & SOUTH COAST – MARCH/APRIL 2017
businessmag.co.uk 11
4, Carlton Crescent Southampton SO15 2EY
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David Franklin
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