0800 652 3371

The Art of Negotiation

Negotiation is a key weapon in any lawyer’s arsenal and it’s a part of the job which I really enjoy; engaging in different tactical plays, predicting your opponent’s next moves and the ongoing assessment of the strengths and weaknesses of both your position and that of your opponent.

It was not therefore surprising that my eldest daughter has a flair for negotiations also. What I was surprised at though was how early this negotiation gene kicks in. My daughter is three years old and will negotiate on anything; the number of bedtime stories she needs so that she does not “accidentally” wake up her sister, the number of sweets required if she is to get me an extra pack of wipes from the next room whilst I am mid way through her sister’s nappy change, or her demands for staying still and not producing an ear-splitting scream whilst having her hair brushed.

Negotiation and litigation

When I negotiate settlements of claims, I try to assess mine and my client’s strengths and weaknesses in addition to those of our opponent to see what is likely to be a reasonable settlement position and then look at tactics to achieve or surpass that position. The same applies to non-litigious matters, for example when seeking employee agreement and support for proposed changes in the workplace or to terms and conditions, or retention incentives.

Litigation is something most clients try to avoid wherever possible. If a claim is raised though, claimants will inevitably be seeking as a much monetary compensation as possible, and respondents will be seeking to minimise any such payments - although one should never underestimate the value of non-monetary settlements. I have always been a bit of a maths geek at heart and relish the opportunity to critique an opponent’s Schedule of Loss, which almost invariably contains errors and/or over or under exaggerated figures. Most lawyers shy away from figures where possible, so this generally gives me the upper hand when negotiating the settlement of a claim.

Parenting and bargaining tactics

My daughter is also keenly aware of her strengths and bargaining position. This primarily appears to centre on her ability to scupper my attempts to usher my children along to get them dressed and ready in the morning or to pack up their toys at night. She sadly holds the upper hand in slowing down progress at every turn, whether that’s the onset of amnesia as to where her left shoe has gone, a sudden need to use the toilet, or that she is in agony and can barely move due to a horrendous cut to her hand (which later transpires to be felt tip).

I, like many parents who reside with their pint-sized dictators (beloved children), have done one of the many things we all swore we never would…caved in and used bribery to get things moving.

The downside to caving in to pressure, either from your children or indeed your employees, is that even the most forgetful person will always recount that one occasion where you agreed to their wishes, and once a precedent has been set it can be difficult to break. My daughter’s elephant-like memory has come back to haunt me on a number of occasions with her recounting, “but mummy yesterday (about three weeks ago) you said that if I sat still whilst having my hair brushed that I was being good and you said good girls get treats. I’ve been a good girl today so that means I’m allowed treats, you said so”.

I can’t fault her logic, and as I try to differentiate the two situations and explain why she cannot have treats every time she is good, she stares back at me with a blank expression. Whilst trying to circumvent a forthcoming Percy Pig induced sugar rush, I pull out that one trump card (which again, we all swore we wouldn’t before having children)…my house, my rules!

I would not advise clients to adopt the same tactic at work, though. Instead, contact us and we can explain your options and the attendant risks, and provide advice on how to resolve the issue in an efficient, professional and legally compliant, and/or commercially sound, way!

Agricultural Minimum Wage

The Agricultural Wages (Wales) Order 2019 was made on 6 March 2019 and will come into force on 1 April 2019. This Order replaces, subject to some changes and a transitional provision, the Agricultural Wages (Wales) Order 2018.

It makes provision about the minimum rates of remuneration and other terms and conditions of employment for agricultural workers in Wales.

The Order increases the minimum pay levels for all categories and grades of agricultural workers in Wales by:

  • 2% for workers of Grades 3 to 6, Grade 1 workers of compulsory school age (aged 13-16) and Grade 2 standard workers;
  • 4% for Grade 1 workers aged 16 to 24; and
  • 5% for Grade 1 workers aged 25 and above.

For full details of the Order please click here.

National Minimum Wage rates (which of course are the minimum wage rates outside the agricultural sector in Wales, and the minimum in all sectors in England) are also to increase from 1 April as follows:

  • National Living Wage, age 25+: £8.21 (currently £7.83)
  • Standard adult rate, age 21-24: £7.70 (currently £7.38)
  • Development rate, age 18-20: £6.15 (currently £5.90)
  • Young workers rate, age 16-17: £4.35 (currently £4.20)
  • Apprentice rate: £3.90 (currently £3.70)

The accommodation offset limit (the maximum daily deduction from the National Minimum Wage) will increase to £7.55 (currently £7.00).

Training with SARDA Wales

It’s always hard to tell if the winter causes a rise in the numbers of missing people occupying Search & Rescue Teams, or whether they simply prey on your mind more because of the dark and the cold and the dangers winter can pose to vulnerable people. However, the search dogs are kept busy, whatever the weather and season so, as long as people keep going missing, the dogs and handlers will keep going out to train.

Earlier this year saw SARDA Wales back at Rhyd Ddu where there was an enormous turnout of bodies and handlers, ensuring plenty of variety in the training scenarios.

Hiding in strange places

I trained with the trailing dogs but as the Lowland Open Area dogs were working nearby it meant they could also make use of me. As search dogs are called upon increasingly to look for missing people in semi-urban and urban areas, we have to try to replicate the kind of scenario that could arise, and keeping it fresh and entertaining for the dogs and handlers can often entail the bodies being asked to hide in some strange places.

In my time I have hidden up a tree, in a stream outflow pipe in the forest and, on one memorable occasion in Lancashire, I was asked to sit in a bus stop for six hours, which led to considerable confusion on the part of bus drivers and ensured I didn’t have to share my corner of the bus shelter with anyone, as people were VERY keen to stay away from the apparently crazy lady in the corner.

However, this year was the first time I have hidden in a castle………

X marked the spot

I stuck my hat, which I’d been wearing for half an hour, into a ziplock bag to hand to the search coordinator, and then left my car and keys with him (there being the possibility that my car could be used to acquire my scent from my seat or the steering wheel), and set out past a water treatment plant (all sorts of interesting scent contamination there for dogs), across a field and down along the edge of a river (flowing water will also sometimes “pull” scent off course), into the middle of a field where X marked the spot on my map. It turned out to be a children’s play area in a caravan park that was shut for the season (I should emphasise we always have the landowner’s permission for these exercises).

Wooden castle

Even more specifically, I was to climb into the children’s wooden play castle and hide on the top deck among the turrets. This was to encourage the dogs to think outside the box and persist in trying to locate me, if they could smell me but not see me, when they got to the point where my scent was coming from and the handlers to encourage their dogs into unusual places.

I decided against using the climbing wall as my previous climbing records have entailed a crunched up ankle on two occasions and a cracked set of ribs – admittedly I’d sustained those injuries in the Cairngorms and on far bigger things than this, but I just knew that I would fall off the seven foot high children’s climbing wall, finish up in A&E and, perhaps worse of all, end up with the award at the annual dinner for the stupidest thing done in training. Such things don’t get forgotten about very easily, and social media is merciless!

Down the slide!

Instead I climbed the log-ladder and wriggled through the gap (forgetting I had a rucksack on at first and ending up like A.A Milne’s “Wedged Bear In Great Tightness”), and set about making myself comfortable in the castle’s West Wing. Sadly there were no slits through which I could pour boiling oil or fire arrows to liven up a chilly six hour wait but I noted, with some satisfaction, that the best and easiest way out whenever I needed to get out to reward a dog with a game, was down the slide and I’m not ashamed to say I took every opportunity!

I’d downloaded some TV programmes onto my phone and had full signal, and had even remembered to charge and bring my power pack so I could keep the phone going in the cold. Out came the layers, sleeping bag, flask and snacks and I settled down, wedged into a gap to wait for a dog.

Chloe

My first visitor, after a couple of hours, was trainee search dog Chloe with her handler Dave, who struck on my scent from out of sight and came like a bullet across the field, negotiated one of the wooden ramps to check me out then ran back to Dave to tell him she’d found me and bring him back to me with barking and “shuttling” between us. Playing tug in a confined space with her was entertaining, and at the end of the game she refused to believe I no longer had her toy and returned to the castle a couple of times to stand on me, root about and try to find the toy she was convinced I still had!

Izzy

Not long after came search dog Izzy with Ester – due to a recent injury we could forgive Ester for not climbing into the castle after her dog, but this was my chance to come down the slide and have a really long game with Izzy’s beloved tennis ball, she seems impossible to tire and tore about the field for minutes on end, retrieving and returning the ball. When you’ve been bunched up in a small space for a couple of hours and are a bit chilly it takes some effort to get all your limbs moving and a few minutes of ball-games are exhausting.

Diddi

Having returned to my castle I soon had a visit from the gorgeous 11 month old Diddi, a collie I’d not bodied for before. He seemed to work out where I was easily but, having got into the castle, was then a little unsure about which exit to take, which resulted in a few lively moments of him standing on me to get a better view and trampling across me to check out the various ways out. He gives wonderful cuddles though and loved play-growling with me for control over the tuggy-toy, and it was great to see him coming on from the little puppy doing his obedience test last year.

Skye

Next up was Skye, the trailing dog who found me from the scent on the hat I had left behind, and the trail of scent I had left behind on my walk from the car to the castle. She is a tiny spaniel whose hair on the top of her head goes frizzy on damp days (I feel her pain) and utterly endearing. After her treat of a sachet of dog food I came down the slide once more so we could enjoy a game with her tennis ball on a rope.

Indi

Time for some variety when a Labrador paid me a visit later in the afternoon. Indi has been qualified for a number of years and he seemed to enjoy the hiding spot, once he had worked out that coming up the slide was never going to turn out well! Out I came, down the slide, for a game of tug with him and he reminded me just how strong he is, I had to give up after a few minutes, after being pulled over, as I valued my arms still being in my sockets by the evening!

Facebook hero!

Last but by no means least was Matt, the search dog from the Isle of Man. Matt even has his own Facebook page (incredible – no opposable thumbs but works a smartphone and posts regular updates….. check him out). Matt qualified in July last year and in November had his first find, a person missing on the Isle of Man, after searching several areas in the middle of the night. What I love about Matt is that he works with total intensity but, as soon as the find is made, he puts as much effort into seeking out cuddles from everyone around him as he does into the reward game, and he likes to make sure that everyone is included in the experience!

Eventually, after six hours, I was able to crawl out of the castle with all my kit and creak back on stiff, cold legs to the debrief where it was apparent everyone had had a great day and was really positive about the start to their year.

Magical landscapes

My journey back home meant I could catch a glimpse of the river at Pont Glaslyn, a sight that has always made my insides lurch at the sheer perfection and beauty of it all, drive through magical landscapes of groves of winter trees at Nantmor and catch a glorious sunset over the northern end of Cardigan Bay from high up above Tan y Bwlch, before darkness fell and I could reflect instead on how fortunate I am to have such dogs and scenery on my doorstep.

Maya

I do have to end this blog on a reflective note. Many people reading this will remember I have mentioned Maya in the past, a beautiful collie who belonged to one of the handlers and who would often come bodying with me. Sadly, Maya passed away over the Christmas holiday at a good age, peacefully in her sleep. I missed her being up in the castle with me on Saturday – goodness knows what she would have made of it!

Maya could have me in fits of laughter with her antics – we would take a bottle of bubbles out to play with as she was obsessed with them and would chase them endlessly, no pitta bread was safe with her around, you could plonk your hat on her head and she would walk around wearing it, seemingly oblivious to how ludicrous it all was, and as long as there were “Tree-Rats” (squirrels) the world was a good place for her.

She was an incredible bodying-companion, hot-water bottle and friend and even though my eyes are filling up as I write this I am choosing instead to be delighted and grateful that I knew her and that she chose to be my companion on those days out hiding. So please raise a glass or mug of whatever you have to hand, and toast the world’s very best Body-Buddy, Maya. RIP.

Cervical Cancer Screening Tests

Everyone will be aware that all women and people with a cervix between the age of 25 and 64 should attend for regular cervical screening (a smear test). A smear test checks the health of the cervix and the NHS website states that it is not a test for cancer, it is a test to help prevent cancer. During the screening a swab is taken from the cervix to test a small sample of cells for changes in the cervix. Again, the NHS website states that “finding abnormal changes early means they can be monitored or treated so they do not get a chance to turn into cervical cancer”. Once the swab is taken and sent away, the patient should receive the results by letter within a few weeks.

Over the years there has been a large amount of press coverage regarding the importance of attending for a smear test. There have been numerous examples of sad situations where people have developed terminal cancer and have campaigned during their illnesses to try and raise awareness of the importance of attending for smear tests. You may recall one such example of this undertaken by reality TV star Jade Goody who sadly passed away as a result of terminal cervical cancer on 22 March 2009 at the age of 27.

Numbers hit an all-time low

Unfortunately, despite the press coverage seeking to encourage women to attend for smear tests, recent reports indicate that the number of women having smear tests has hit a 20 year low. In fact, it has been reported that it has slipped to the lowest level since records began in 1995. As a result, this issue has come to the forefront of media attention once again trying to encourage women to attend for smear tests. It is reported that (and we wrote a blog on this very topic in February last year) the main reason women are not attending appears to be due to embarrassment.

For the first time ever, the government is launching a cervical screening advertising campaign. The campaign, which is being run by Public Health England, has avoided the term "smear test" apparently due to concern that it may be putting people off. We understand that adverts will play out on TV, radio and online for eight weeks and that it stresses the screening is basically just a health check for the cervix. The advert reportedly shows a woman being reminded by family members and friends to go for testing.

Celebrity campaigns

In addition to the government’s own campaign, a number of public figures and groups are developing their own campaigns. For example, the regular ITV show Loose Women has started a “Face your Smear” pledge in which they have invited their viewers to go to their website and pledge to go and have their cervical screening check done. This is on the back of their own reports that apparently over 1 in 4 women in the UK are currently overdue their smear test. Celebrities including actress Kym Marsh have also publically spoken out about their own experiences in an effort to encourage people to attend.

Importance of cervical screening

Whilst it is appreciated that it is not the most pleasant way to spend your time, it is very important to get checked and the test could, in fact, pick up changes that can be sorted out long before they become cancerous and life threatening so that must be worth it. We would encourage all women who read this blog to take action and book in if they are overdue their screening. It takes only a few minutes in reality and will be over and done with in no time so you can get on with your day and then hopefully have the reassurance and peace of mind that all is well or, if anything is picked up, it can be sorted out as early as possible before it becomes something scarier.

Please see our other blogs relating to cervical cancer screenings and the delay in detection of cervical cancer.

If you or a loved on have been affected in a similar way to the case above, contact Lanyon Bowdler about making a Cervical Cancer Claim

CICA – Calls for Reform

The Criminal Injuries Compensation Scheme exists to compensate victims of violent crimes. It is administered by the Criminal Injuries Compensation Authority (CICA), whose stated aims include sensitively dealing with applicants, fairly deciding applications and efficiently managing all cases.

However Baroness Newlove, the Victims’ Commissioner for England and Wales, noted recently that “criminal injuries compensation is important in helping vulnerable victims cope and recover from the most brutal of crimes. Yet my review shows that the process of making their claim, which should strengthen victims, can have the opposite effect. The process of claiming is often having a detrimental impact on their wellbeing”. Baroness Newlove has subsequently argued for wholesale reform of the CICA scheme.

Indeed our own experience of representing clients supports Baroness Newlove’s view that the current system is detrimental to clients and adds to the trauma of the violent crime that they have suffered. One of our clients was left with multiple injuries, including a serious brain injury, following an assault. The client has told us, “The assault changed my life and I now suffer from memory difficulties, chronic fatigue and anxiety and panic attacks, among other symptoms. I have tried my best to get back to a normal life, but have found the CICA process to be extremely distressing and stressful. Despite my solicitors repeatedly chasing the CICA and having to make an official complaint, I did not receive even an initial decision from the CICA until many years after the assault. I then had to challenge that decision. Throughout those years, I feel that I have been unable to move on with my life. I was always waiting for the CICA to get back to me or to decide something. I have to continually relive the assault and talk about all the ways that my life is worse rather than being able to concentrate on the good things I do have in my life and the great progress I have made. I feel that the CICA has added to my trauma and negatively affected my ability to recover both psychologically and emotionally from the assault.”

What is the current system?

The CICA system allows for the CICA to make the initial decision. If the applicant is unhappy with this decision, they then need to apply for it to be reviewed. This review is done internally by the CICA. Once that review has been carried out and a final decision reached by the CICA, the applicant will be able to appeal to the First Tier Tribunal, a court, if they are still unhappy.

The CICA is under no statutory obligation to make its decision within a certain timeframe.

What are the current problems?

We often act for victims in these cases and have found the process to be very slow and unnecessarily traumatic for applicants. Even when you meet the criteria, there can still be lengthy delays in obtaining any interim funds from the CICA, which can result in financial hardship for applicants, particularly when they are unable to work due to injuries stemming from the assault.

Until the CICA has made a decision, the case can drag on forever as the applicant currently has no recourse to the court’s system. Statistics published by the CICA for 2017/2018 suggest that on average an applicant will wait 373 days to receive a first decision. In our experience it can be considerably longer than that. If they are unhappy with that decision, they will still have to wait for an internal review process, which, in our experience, often results in a significant delay before they can appeal and appear before a court. There will then be another delay waiting for a judge to give case management directions and then obtaining a hearing date.

It is our experience that even when the CICA is faced with a case where the victim is obviously entitled to receive some level of award, there can still be a significant delay in receiving any funds from the CICA. Applicants are made to feel that they must jump through hoops in order to get what they are already entitled to.

In addition, the rules under the CICA schemes are complex and calculating losses can be a difficult exercise, which is not easy for applicants to do themselves. Current statistics suggest that 60% applicants do not have legal representation, which can make it very hard for them to ensure that they do receive the appropriate level of compensation. In the majority of cases where we are instructed, the initial offer of the CICA is inadequate and a higher award is obtained through review or a subsequent appeal. We had one case where an applicant was offered around £20,000 following a serious brain injury, which concluded on appeal for the maximum of £500,000.

The 2017/2018 statistics also suggest that of the decisions where an applicant is awarded nil compensation by the CICA, a third then go on to receive compensation from the tribunal.

Possible solutions

There are several changes that we would suggest should be made to this process. Applicants should be permitted to apply directly to the First Tier Tribunal if they do not receive a decision from the CICA within 12 months of their initial application. This would allow applicants to take steps to ensure that their case is being dealt with in a timely manner rather than waiting for the CICA.

The internal CICA Review stage should be removed. In our experience it rarely results in an acceptable outcome and usually leads to a delay.

The scheme should include the possibility of Alternative Dispute Resolution either by way of face to face meetings between the CICA case handler and the claimant’s representative or a mediation with the mediator’s fee being paid for by the CICA. Mediation would give the CICA and applicant more control of the process and would avoid the need for a public court hearing, which can be very stressful for the applicant.

There should be a mandatory requirement for the CICA to provide interim payments in cases where the CICA has decided an award at some level will be made. This would help provide financial aid to applicants throughout the lengthy process at the time of most pressing need. This would benefit the applicant’s wellbeing as well as giving them the means to access care, therapy or treatment as required, something which will hopefully reduce their overall level of pain, suffering and/or disability.

Limits on Tribunal Awards and Statutory Payments to Increase from April 2019

Employment Tribunal compensation limits will increase on 6 April 2019.

The maximum amount of a week's pay, used to calculate statutory redundancy payments and various awards including the basic and additional awards for unfair dismissal and awards relating to a failure to provide employees with minimum required written particulars of employment, will rise from £508 to £525.

The cap will rise

As a reminder, where a week’s pay would otherwise be below the maximum limit, in accordance with current case law, employer pension contributions are required to be taken into account when calculating the weekly pay figure.

The maximum compensatory award that applies in most cases of unfair dismissal is an amount equal to the employee’s gross basic annual pay, subject to a cap. This cap will rise from £83,682 to £86,444.

As a reminder, there is no maximum compensatory award where the unfair dismissal relates to the making of a protected disclosure (“whistleblowing”) or the carrying out of certain health and safety activities.

The above increases will apply in relation to dismissals where the effective date of dismissal falls on or after 6 April.

Date of dismissal

Bear in mind that the effective date of dismissal for statutory purposes will be later than the actual date of dismissal in the event that an employee is dismissed with less than the statutory minimum notice, but has not committed gross misconduct or another fundamental breach of the employment contract. Statutory minimum notice is nil until an employee has been employed for a month, then a week until they have been employed for two years, and then is a week for each complete year of service up to a maximum of twelve weeks.

Therefore, for example, if an employee with five or more years’ service was dismissed without notice by reason of redundancy on 4 March and paid in lieu of their entitlement to notice, as the effective date of termination for statutory purposes will fall after 5 April, the cap of £525 will apply to their weekly pay when determining their entitlement to statutory redundancy pay.

However, if the employee had been employed for, say, just four years, the cap of £508 would still apply. This would be the case even if their contractual entitlement to notice would have taken the employment beyond 5 April, had they not been paid in lieu.

2019 Advances in Medicine

Many of you will have seen in the news recently that quadruple amputee Corinne Hutton underwent a double hand transplant on 7 January 2019. This news got me thinking about developments in medicine and also about raising awareness of important medical issues.

It has been reported that Corinne suffered acute pneumonia and sepsis in 2013 and nearly lost her life as a result. Initially she was given a 5% chance of survival. Professor Andrew Hart, Consultant Hand and Plastic Surgeon, reportedly performed the surgery to remove her hands and lower legs in 2013 and her life was saved. Professor Hart was reportedly also involved in the 12 hour hand transplant operation she underwent this year at Leeds General Infirmary.

Since her amputations in 2013, it is reported that Corinne has tirelessly campaigned to help raise awareness of organ and limb donation and she even set up a charity called Finding Your Feet. She now devotes her life to the charity supporting amputees throughout the UK.

Ballroom dancing lessons

In addition to founding this charity, Corinne’s motivation saw her become the first female quadruple amputee to reach the summit of Mount Kilimanjaro, she has climbed Ben Nevis in Scotland, she has abseiled, cycled around the Isle of Arran, took up skiing and ballroom dancing lessons. She has even raised awareness by posing nude, whilst being painted with organs and tissue that are apparently transplantable, to raise awareness.

Her charity has reportedly raised more than £700,000 through fundraising and donations.

Able to move her fingers

Over the years since 2013, doctors had been working to find suitable hands which were a match for Corinne in terms of blood group, skin tone and size. These were finally found and the transplant has now gone ahead. Corinne posted a video from her hospital bed shortly after the operation stating that she could already move her fingers.

Five double hand transplants

Whilst it may seem incredible that such surgery can be carried out, Corinne is not the first. In actual fact the doctor who led the team who performed Corinne’s transplant has already performed five previous double hand transplants in the UK, the first of which was undertaken in 2016. And it must also be recognised that this positive outcome for Corinne would not have been possible without someone selflessly making a decision to be a donor after a tragedy. Corinne has reported through her charity that she will be forever grateful to this unknown family.

Wonderful medical treatment

This story just goes to show how medical treatment really can be incredible and I, for one, enjoyed reading the stories about Corinne and the wonderful medical treatment it appears she has received. This is an uplifting story in a world where many media reports relate to difficulties with healthcare services, and things that have gone so sadly wrong causing people to suffer harm as a result.

It also, I think, raises the importance of prompt treatment when a patient suffers pneumonia and sepsis. In Corinne’s case, her life was saved by treatment for a condition that could, so easily have resulted in her death. She has gone on to achieve many things and raise lots of awareness which is very important.

Driver Wrongly Penalised for Speeding in Telford

I was recently asked to represent X. He had received through the post a NIP (Notice of Intended Prosecution) alleging he had been speeding on the A442 Trench Lock Interchange junction.

As is not uncommon, he was offered a fixed penalty fine and three penalty points on his licence if he accepted the misdemeanour, and consequently he paid up.

However, X, an experienced driver with over 20 years no claims bonus felt that something was not quite right. He contacted me for advice.

Fortunately, X had dashcam footage of the incident.

I spoke to an expert who generated a brief report confirming what we all suspected – X was innocent and that the vehicle seen overtaking him at speed was the person who should have received the NIP.

Upon receipt of this evidence, together with a letter from me, the police withdrew the case against X who was obviously delighted.

X has given me permission to share his story and the dashcam footage, as it is possible other people may have incorrectly been prosecuted for ‘speeding’ at the same junction in Telford and simply paid up as the easier option, when in fact they were innocent.

It also raises possible questions regarding the calibration of that particular camera and other speed cameras in the West Mercia catchment area.

If anybody would like any advice regarding this particular issue or indeed any other motoring law matters, then please get in touch with me, on 07776 184489

Horatio's Garden

Spending time in a beautiful garden is a way many of us love to relax - but how often do we take this for granted? For patients with a spinal cord injury, being able to get out into the garden might seem a far off dream. However, Horatio’s Garden is an inspirational charity which has been set up to create and care for beautiful accessible gardens in Spinal Injury Centres around the country.

Last November, I was thrilled to be able to attend the ground breaking ceremony marking the beginning of work on a garden at The Midlands Centre for Spinal Injuries at the Robert Jones and Agnes Hunt Orthopaedic Hospital in Oswestry.

Patients who have sustained spinal injuries usually need to spend many months in hospital so that they can receive necessary treatment and therapy, and start the rehabilitation process. This can involve prolonged periods of time on bed rest, which must be hugely frustrating and at times claustrophobic. Having the opportunity to go outside again and enjoy the fresh air and wonder of nature is a life affirming experience. Providing accessible gardens gives a fantastic opportunity for patients to rest and relax, to socialise with family, friends and other patients, and to take part in general rehabilitation activities.

I heard about the inspiration behind Horatio’s Garden charity earlier last year when David Chapple, a Spinal Surgeon at Salisbury Hospital, spoke about Horatio’s Garden at our Spinal Injury Conference at The Midlands Centre for Spinal Injures. Horatio’s Garden is named after David’s son, Horatio, who was a volunteer at the Spinal Treatment Centre in Salisbury in his school holidays and who, along with his dad, came up with the idea for a garden at that centre. Tragically Horatio was killed at the age of 17, but based on patient research, which Horatio had carried out, the plans for the first Horatio’s Garden were drawn up. Horatio had even got himself taken around the site in a bed and wheelchair so that he could get the patient’s perspective on what was needed.

Beautiful accessible gardens have now ben created in the Spinal Injuries Centres in Salisbury, Glasgow and Stoke Mandeville, with work now underway for gardens in Oswestry and London. The Oswestry garden is being designed by the award winning Garden Designer, Bunny Guinness (of Gardeners’ Question Time fame). I’m looking forward to seeing the garden develop and am sure it will make a massive difference to the lives and rehabilitation of patients, both physically and mentally.

For more information about how to support this fantastic charity - as a friend, by making a donation or fundraising, by volunteering in one of the gardens, or even just doing some shopping in their online shop – then please check out their website at www.horatiosgarden.org.uk.

Management is More than Just a Job Title

An issue I frequently come across is where an employee, due to creditable performance in their current role, is promoted into a management position without full consideration as to whether this is the best decision for the business or the individual. Has the business considered, for example, alternative ways to reward good service or what, if any, support and guidance will be provided to the employee to enable them to succeed in their new role?

If an employee is successful at their current role, it does not necessarily follow that they will be successful in a management role. If you are seeking to reward good performance and retain your best performing staff, promotion is only one option and it may not always be the most suitable. Rather than encouraging loyalty and retention of your most valued staff members, promoting an employee into management without adequate training or assessment of their suitability for such a position could have the opposite effect.

There are many other ways to reward loyal and good service, and these need not necessarily cost the business additional money.

We can provide bespoke training

If you are minded to promote any particular employee into a management role, I advise that consideration is given to providing them with management training to equip them with the tools required to succeed and to deliver the best for your business. Similarly, you may have managers in post now to whom you do not feel able to delegate certain tasks. If that is the case, you are not fully utilising them and you should consider providing them with suitable training in order to correct this, and free up more senior managers and directors to focus their time and attention on other areas of the business.

We can provide bespoke training, either at your place of work or at one of our offices, for managers, and would-be managers, on a wide range of topics to help them to reach their full potential, such as in relation to identifying and addressing performance or attendance issues, promoting good mental health, handling grievances and whistleblowing, dealing with indiscipline, and anti-bullying and harassment strategies. We can also provide advice and guidance on alternative methods of rewarding good performance and retaining key staff.

Retainer services

In addition, we offer retainer services which, for a fixed fee, would give your managers access to employment law and HR advice and guidance from qualified local solicitors in relation to day to day, and not so day to day, issues that they encounter. This can include the drafting of relevant documents and letters as and when needed, giving you the confidence to allow managers to deal with matters, safe in the knowledge that they have the benefit of specialist advice at their fingertips. And added to this, because employees often chance their arm with claims even when managers have done everything by the book (and because even the best trained managers sometimes make mistakes, or otherwise employment tribunals can make unpredictable decisions) is the availability of the safety net of insurance against employment tribunal claims, settlements and awards.

Please call us to discuss your options in more detail.

Ex-Police Officer Avoids Losing Driving Licence

I read with interest the case of former police officer Adrian Pearce who was sentenced at Basingstoke Magistrates‘ Court on Thursday 3 January by a District Judge.

The case has received widespread coverage in the national press and on social media for the court not disqualifying Pearce for committing a drink driving offence. On closer inspection, whilst an extremely foolish thing to do, there is no evidence of Pearce actually driving, only that he intended to drive having returned on the train from a Christmas party.

Had he not intended to drive, then he would have had a defence in law to the allegation he faced. As there is no evidence of Pearce driving or attempting to drive then a mandatory disqualification does not necessarily follow.

Instead, he pleaded guilty to and was sentenced for being drunk in charge of a motor vehicle.

The Sentencing Guidelines that all courts follow make it clear that for a breath reading of 61, as in this instance, a disqualification is only discretionary. The District Judge, having heard the personal mitigation and the impact a driving ban would have on Pearce’s future employability, quite properly exercised his discretion.

It is not a case of Pearce being treated more leniently because he was a police officer, as I have seen suggested. Each sentencing court should deal with a particular case on its own merits as has happened in this instance.

If the courts are not afforded discretion, then we are heading down a slippery slope……what next?....a mobile phone app for the public to decide on sentence?!

A&E at Christmas

It is well known that Christmas is one of the busiest times of year for Accident and Emergency Departments (A&E) and there are no signs of this changing any time soon. Figures published by NHS England show that 2,003,964 people attended A&E in December 2017 in England.This was an increase compared to December 2016 when there were 1,944,568 attendances and December 2015 when there were 1,867,652 attendances.

It is also well known that NHS staff are under enormous pressure to meet targets and to see all attendees within a four hour window.

This combination can be a recipe for disaster and it is therefore not surprising that there is an increased risk of medical errors happening during this time.

People can be very understanding during the festive season and for this reason many people do not take action in response to these errors, often as they do not want to get anyone into trouble, particularly as the doctor or nurse concerned has given up their Christmas to care for others. However, clinical negligence cases are not about getting anyone into trouble, and whilst their main aim is to obtain compensation for the injured person, there is a wider goal and that is to encourage the NHS to learn from their mistakes and to prevent the same thing from happening again to someone else. Often, the mistakes happen because there just weren’t enough staff (for whatever reason) to cope with the number of patients. Consultations are therefore rushed, staff are distracted and they take their eye off the ball.

Focus of the NHS

However, rather than taking adequate steps to ensure there are sufficient staffing levels to meet the needs of an increased number of patients, the NHS remains focused on encouraging people not to attend A&E except in an emergency.

What is an emergency?

Unfortunately, it is not always clear from this campaign what an “emergency” is and therefore a lot of genuinely sick people risk their lives by not seeking medical attention when they genuinely need it for fear of being branded a nuisance or wasting valuable time.

The dictionary definition of “medical emergency” is ‘a serious and unexpected situation involving illness or injury and requiring immediate action’. According to the NHS, this can include loss of consciousness, an acute confused state, fits that aren’t stopping, chest pain/breathing difficulties, severe bleeding that cannot be stopped, severe allergic reaction, severe burns or scalds.

Seek help!

Anyone who has any of these symptoms should not hesitate to go to their closest A&E as these people are not who the campaign targets.

The campaign targets people who do not fall into the definition of emergency.

In 2014, Cannock Chase Clinical Commissioning Group published ‘the 12 A&E Visits of Christmas’ in a bid to highlight the kinds of things staff are being asked to contend with including broken fingernails and bad hair extensions (you can’t make it up, the full list can be viewed here https://www.cannockchaseccg.nhs.uk/news-events/96-nhs-releases-12-a-e-visits-of-christmas-in-bid-to-deter-unnecessary-visits). As always though, if you are in doubt, dial 111 for advice.

The NHS campaign has been ongoing for a number of years now but the number of people attending hospital isn’t going down and therefore the risk of mistakes remains high. It therefore remains imperative that there are sufficient staffing levels to deal with this.

Therefore, if you’re unfortunate enough to need to attend A&E this Christmas and even more unfortunate enough that something goes wrong, do not hesitate to contact our clinical negligence team for advice. Our hope is that we can work together to encourage positive change from within the NHS to reduce the risk of future mistakes alongside the NHS’ own campaign.

Latest News

08 May 2016

A Mother Talks About the Challenges Faced Due to Cerebral Palsy Following a Birth Injury

Her daughter from Shropshire was diagnosed with Cerebral Palsy following a birth injury, Lanyon Bowdler are working w...

Read More