On 22 May 2013, the Charity Commission launched a consultation entitled ‘Developing the content of the annual return and information displayed on the register of charities’. Further to the responses published in October 2012 to an earlier consultation, the Charity Commission used the findings to develop the content of the annual return for 2013, and to develop a longer term information strategy for the annual return for 2014 and beyond.
HEIs will frequently encounter obligations requiring the exercise of ‘all reasonable endeavours’ and ‘diligence’, whether in development agreements or otherwise, and this case illustrates circumstances in which the courts will distinguish between the two standards. It also demonstrates the court’s general reluctance to accept a position whereby a developer is able to suspend construction indefinitely owing to financial difficulties, without breaching the contract.
HEIs should note that a protective award is not intended to compensate employees for their loss as a result of the breach, but it is a punitive measure designed to provide a sanction against employers for failing to consult in accordance with the statutory provisions. A tribunal may consider certain mitigating circumstances which could reduce the maximum protective award.
In a recent decision, the Employment Appeal Tribunal (EAT) considered an alleged breach of the duty to make reasonable adjustments in the allocation of teaching requirements for an academic year.
The Enterprise and Regulatory Reform Act 2013 introduces a power to amend the cap on compensation for unfair dismissal.