Inquiry launched into court and tribunal fees

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1 when it s a case of personal injury, clinical negligence, employment or business advice Newsletter no.23 September 2015 Welcome to Simpkins and Co s monthly e-newsletter You ve already Clicked here This is a printable A4 version of our newsletter Keeping you up-to-date with the changes in legislation, interesting cases and issues that arise in the following areas of the law; Personal Injury, Clinical Negligence and Employment. We hope you will find it interesting and useful. We ve listened to your feedback and have produced an A4 version of our newsletter which we hope you will find more user friendly if you wish to print it. Inquiry launched into court and tribunal fees The House of Commons Justice Select Committee has launched an inquiry into fees and charges in courts and tribunals. One area that the inquiry will consider is the introduction in 2013 of a fee-charging regime in employment tribunals. The inquiry is seeking information specifically on whether the introduction of tribunal fees has affected access to justice and whether the volume and quality of cases brought has been affected. Their findings will be published later in the year. Meanwhile, the union UNISON s challenge to the fee regime is progressing in the courts. The High Court rejected a second judicial review challenge in December 2014 and UNISON s appeal against that decision was heard by the Court of Appeal in June this year. A reserved judgment is now awaited. Simpkins & Co Solicitors specialise in Employment Law and as members of the Employment Lawyers Association, we regularly advise employees and employers on all areas of this law. In our experience some clients have decided not to pursue their claim, or have been unable to do so, because of the issue fees adding a financial worry at a time when they have lost employment. If you have been affected by employment issues, contact us on or FREEPHONE or visit for a FREE initial consultation.

2 personal injury case study Client awarded 9k in compensation for road traffic accident Miss H was injured in a road traffic accident in Her car was hit from behind by another car, causing her head to hit the steering wheel. She suffered soreness to her head and severe pain in her back and neck, these symptoms persisting for up to 3 months. She was given physiotherapy and osteopathic treatment, had to take painkillers and was signed off from work. Miss H was also unable to take part in any sports for 2 months and could not drive for 2 weeks after the accident. On examination by a specialist, it was considered that the collision had caused soft tissue injuries in the neck and the lower back and that there had been some injuries around the supporting tendons, ligaments and muscles. She has now made a 95% recovery, but with some residual pain still evident in her shoulders. Miss H took an out of court settlement of 9000 in compensation. She said I was very pleased with the amount of compensation I received. At first I wasn t sure that I would be able to make a claim, but after I spoke to Kevin Blake of Simpkins & Co Solicitors, I was assured that I had a very good case. I would recommend anyone in a similar situation to contact Simpkins & Co Solicitors. If you have suffered a personal injury, contact us on or FREEPHONE or visit simpkinsand.co.uk for a FREE initial consultation. Simpkins & Co Solicitors specialise in personal injury claims and are accredited members of the Association of Personal Injury Lawyers.

3 Polish links lead to expansion Simpkins and Co Solicitors is delighted to announce an expansion of our business due to new relationships being generated through a number of Polish business partners. We have joined forces with Polish Business Link and the British Polish Chamber of Commerce (BPCC) to work with Polish business entrepreneurs who are setting up new businesses or are currently operating in the UK. From our offices in Trafalgar Square, London and in Highcliffe, Dorset, we are working with enterprises right across eastern and southern England, and will probably extend this to nationwide in the near future. Principal solicitor Steve Simpkins said, Many Polish business people are establishing some significant sized companies in Britain, and we are able to support them with all aspects of business startup advice, including UK employment law and other important factors. From what began as initial exploratory partnerships, this has really taken off, so much so that we now have two full time Polish members of staff on our team, specifically to support our Polish clients. Agnieszka Bania has recently joined the firm as one of the company s solicitors and will be working with Simpkins and Co s Polish patrons. Originally from Poland, she moved to the UK in 2001, graduated from Bournemouth University in 2007 with a Batchelor of Law (Hons) degree in Business Law, and in 2014 qualified as a Solicitor of the Senior Court. Agnieszka commented, I am really looking forward to the challenges ahead and building up strong relationships with our Polish business network. I will be working within all areas of commercial litigation, plus supporting on business law and employment law as well as personal injury cases. This is a wonderful opportunity for me, and I am going to enjoy splitting my time between the lovely Dorset area and being in the heart of the capital. Conatct Agnieszka on or Agnieszka@simpkinsand.co.uk

4 Going the distance for Spinal Injuries Staff from Simpkins and Co Solicitors will be heading to London next month to participate in the Going the Distance sponsored walk organised by the Spinal Injuries Association (SIA). Principal, Steve Simpkins, and office manager Jacque Aitken will be joining the eight mile walk covering some of London s most iconic and famous bridges and embankment areas. The Spinal Injuries Association (SIA) helps people with spinal cord injuries to rebuild their lives, through all aspects such as advice, help and support, campaigning and healthcare information. It also provides information and guidance on legal matters, and has a number of accredited personal injury lawyers, with Simpkins and Co Solicitors being a Gold partner. Steve Simpkins commented, In our business we see at first hand the severity of some clients injuries and the massive impact it has on all aspects of their lives, and of their families too. Whether it s an industrial or work accident or a road traffic accident, the after effects can be life changing. We do all we can to support the SIA and this fundraising event is a big boost for them. The work they do is amazing and we are delighted to join the challenge and help with the event sponsorship. Proud to be a corporate partner of the Spinal Injuries Association Simpkins and Co specialises in all aspect of personal injury law. We are accredited and senior litigators with the Association of Personal Injury Lawyers (APIL). Anyone wishing to donate or sponsor Steve and Jacque can visit their Just Giving pages: The SIA Going the Distance Challenge takes place on Sunday 20th September For more details visit: page/goingthedistance

5 Harrassment Case Zero-hours worker receives for injury to feelings. A Leeds employment tribunal has awarded for injury to feelings to a waitress on zero-contract hours who was subjected to sex-related harassment. The high award was due to the fact that the claimant was particularly vulnerable due to her young age and fragile mental state. In addition, the employer s inadequate handling of her complaint magnified the effect of the harassment. The claimant (S) was 22 years old and had a history of mental health problems, of which her employer (BH Ltd) was aware. S claimed that from February 2013 she was subjected to harassment by her line manager (N). He frequently asked her about her sex life, touched her on the bottom, kissed her neck, stood closely behind her and simulated sexual intercourse. S complained to another line manager who told her to lodge a written complaint but took no further action. In October 2013 S raised the issue with the general manager (W) and said that she had not wanted to raise the issue earlier as she was worried that her shifts might be reduced. W asked S to lodge a formal grievance. W then conducted an investigation, but did not seek detailed particulars from S and only spent 10 minutes interviewing the main witness to the harassment. N vehemently denied the allegations. In December W wrote to S with the outcome of his investigation, stating that N s behaviour towards her was inappropriate, but provided no further details. N was asked to stop the behaviour in future, but no further action against him was taken, not even a warning. Before S discovered the outcome of this investigation, she lodged an employment tribunal claim against both N and BH Ltd for sexrelated harassment. After receiving this claim, another investigation was conducted by the new HR manager (B) at BH Ltd. N once again denied the allegations. B, having not read the report of the original investigation, found that there was no conclusive evidence to the majority of incidents as it emerged that the main witness had substantially changed their account. S appealed to another manager, who also conducted some investigations, but ultimately rejected the appeal. The tribunal had no hesitation in concluding that the events had occurred in the way that S had described them and that the conduct was unwanted. It considered S to be a credible witness, having given a consistent account throughout. In continued overleaf

6 contrast, N s evidence was vague and contradictory. There was no doubt that S perceived the treatment she received as degrading and violating her dignity and that it was reasonable for her to do so. The complaint of sex discrimination by way of harassment succeeded. BH Ltd could not demonstrate that it had taken all reasonable steps to prevent the harassment and its policies concerning such conduct, had not been implemented. Its investigations had been wholly inadequate and flawed and in particular, no action had been taken against N. In setting the level of the award, the tribunal took into account the fact that S was very vulnerable due to her young age and mental health. Also the harassment was made worse by the abuse of power by S s line manager. This justified setting the award at This case demonstrates that, contrary to popular perception, zero-hours workers do have some employment rights and tribunals will enforce these where there is a genuine claim. If you have been affected by employment issues, contact us on or FREEPHONE or visit for a FREE initial consultation. Simpkins & Co Solicitors specialise in Employment Law and as members of the Employment Lawyers Association, we regularly advise employees and employers on all areas of this law. Simpkins and Co Solicitors only deal in certain areas of the law, the ones we specialise in, which means you get the best advice from the right people. We are specialists in personal injury, employment law, clinical negligence and business advice claims. We are always happy to take enquiries from Bureau advisors or clients. We operate a FREE initial consultation where we can also advise in relation to funding options as we appreciate that clients are often concerned in relation to potential legal costs. Contact us to arrange an initial FREE consultation: FREEPHONE: or from mobiles: The above information and the content of this e-newsletter should never be taken as specific legal advice. If you have a legal problem then please contact Simpkins and Co, Highcliffe, Dorset, on to discuss your issue in detail. Personal Injury Clinical Negligence Employment Law Business Advice Suite 4, Brearley House, 278 Lymington Road, Highcliffe, Christchurch, Dorset BH23 5ET London office: 1 Northumberland Avenue, Trafalgar Square, London WC2N 5BW t: e: info@simpkinsand.co.uk FREEPHONE: or from mobiles: Simpkins & Co are authorised and regulated by the Solicitors Regulation Authority number: Recognised name: Simpkins & Co Members of the Employment Lawyers Association (ELA)