Ashfords' In House Legal Bulletin - October 2019

This month’s bulletin brings you an update on the recent Court of Appeal case on the Community Infrastructure Levy, a brief guideline on handling modern slavery risk in your supply chain and consideration from the Employment Appeal Tribunal on whether inappropriate behaviour to a colleague of the opposite sex would constitute sexual harassment.

Modern Slavery – How can it be tackled?

Following its introduction in 2015, the Modern Slavery Act (“the Act”) has sought to address trafficking and slavery in the UK. The Act has revamped the criminal offences faced by those directly involved in forced labour but also imposes new legal duties on corporate entities. The difficulty with these duties is they are only the first step in addressing the risk of modern slavery within businesses, and often fail to deliver the real benefits available from a pro-active approach.

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The Court of Appeal considers CIL Regulations for the first time

For the first time, the Court of Appeal has handed down Judgment on the interpretation of the Community Infrastructure Levy Regulations 2010. The issue in the case Giordano v LB Camden [2019] EWCA Civ 1544 related to the interpretation of Regulation 40(7)(ii) which sets out the types of retained floor space that are to be deducted from the chargeable area of a development (i.e. the amount of floorspace on which you can be charged CIL) when calculating the CIL liability of a development.

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Employment Appeal Tribunal holds that inappropriate behaviour to a colleague of the opposite sex will not necessarily constitute sexual harassment

In the Employment Appeal Tribunal (EAT) judgment of Mr Raj v (1) Capita Business Services Limited and (2) Ms Ward, the EAT held that a Claimant, whose female team leader massaged his shoulders at work, had not been subjected to sexual harassment. 

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