New law targets ‘jobsworth culture’
New legislation designed to tackle an “’elf and safety and jobsworth culture” has taken its first steps towards becoming law.
The Social Action, Responsibility and Heroism Bill was introduced in the House of Commons on 12 June and is set to come into force early in 2015.
The Bill has been developed following concerns that people may be put off from taking part in voluntary activities or helping others or helping out in emergencies because they are worried about risk and liability.
The government said it also wanted to make sure that when people such as employers had been taking a responsible approach towards the safety of others during an activity, and something went wrong, the courts would take account of the circumstances.
Justice Secretary Chris Grayling said on 2 June that the Bill was designed to “slay much of the ‘elf and safety’ and jobsworth culture that holds back so much of our society.
“All too often people who are doing the right thing in our society feel constrained by the fear that they are the ones who will end up facing a lawsuit for negligence.
“Take the responsible employer who puts in place proper training for staff, who has sensible safety procedures, and tries to do the right thing. And then someone injures themselves doing something stupid or something that no reasonable person would ever have expected to be a risk. Common sense says that the law should not simply penalise the employer for what has gone wrong.”
The government said that the Bill would not give individuals “licence to take unnecessary risks with people’s safety or leave the injured party without a remedy when the defendant has failed to meet the appropriate standard of care.
“However, it will send a strong signal to reassure people that the courts will consider, in all cases, the wider context of the defendant’s actions before reaching a conclusion on liability.”
Guide set to turn up heat on rogue landlords
The government has launched a new guide for England’s nine million private rented sector tenants to help combat rogue landlords.
The launch of the guide on 10 June by Housing Minister Kris Hopkins came a month after the government confirmed plans to require all letting agents to publish a full tariff of their fees, both on their websites and prominently in their offices, with fines for non-compliance.
Other measures are being brought forward to give magistrates’ courts the power to impose unlimited fines on landlords found guilty of not meeting their responsibilities, such as failing to carry out essential improvement works to a property or continuing to rent out a property which the council has ruled is not fit for habitation.
Mr Hopkins said: “This government is turning up the heat on the small minority of rogue landlords that are not playing by the rules and giving tenants a rough deal.
“The new how to rent guide will give tenants the knowledge they need at their fingertips and help raise the game of landlords who may not know what is expected of them.”
The online guide, which can be accessed here, includes:
- advice and information on tenancy deposit schemes, bill payments and tenancy length
- a checklist of what the landlord must provide to tenants, including gas certificate and deposit paperwork
- information on the requirements of the landlord to maintain the structure of the property and give tenants at least 24 hours’ notice before entering the property
- the legal requirements for landlords and tenants on ending tenancies and returning deposits.
Lawyer body defends members over personal injury reforms
The body that represents solicitors in England and Wales has spoken out following moves to ban solicitors from offering up-front incentives for personal injury claims.
Justice Secretary Chris Grayling announced a package of measures on 7 June designed to tackle insurance fraudsters and dishonest claims and reduce the amount paid out unnecessarily by insurers. They include:
- requiring courts to throw out compensation applications in full where the claimant has been fundamentally dishonest
- plans to ban lawyers from encouraging people to make claims by offering them incentives such as cash or iPads
- reducing questionable whiplash claims by improving medical assessments, ensuring they are only conducted by independent accredited professionals, and setting fixed fees for medical reports this year
- introducing new rules this year to restrict the practice of settling whiplash claims without confirmation of the claimant’s injury.
Law Society chief executive Desmond Hudson said: “The Law Society believes that the tiny fraction of fraudulent claims should be stamped on. It is for the insurers to investigate claims properly and we will support them in doing so. But this should not be at the expense of honest claimants.
“The real concern for the public is that people who suffer injury, whether it is whiplash or something more serious, through no fault of their own are entitled to compensation for their loss. They should never settle a claim until they have seen an independent solicitor. Solicitors should be able to advertise their services like any other part of a modern economy.
“There is no evidence to support suggestions that anyone would launch a spurious legal claim or embark on litigation just because they were being offered a free iPad, just as it is a myth that we live in a compensation culture.
“Whiplash claims are less of a problem of fraud and much more likely to be a problem of exaggeration or an insurance industry approach where it has been easier to pay all claims, pass on the cost to motorists and not challenge improper cases.”
New law targets ‘jobsworth culture’
New legislation designed to tackle an “’elf and safety and jobsworth culture” has taken its first steps towards becoming law.
The Social Action, Responsibility and Heroism Bill was introduced in the House of Commons on 12 June and is set to come into force early in 2015.
The Bill has been developed following concerns that people may be put off from taking part in voluntary activities or helping others or helping out in emergencies because they are worried about risk and liability.
The government said it also wanted to make sure that when people such as employers had been taking a responsible approach towards the safety of others during an activity, and something went wrong, the courts would take account of the circumstances.
Justice Secretary Chris Grayling said on 2 June that the Bill was designed to “slay much of the ‘elf and safety’ and jobsworth culture that holds back so much of our society.
“All too often people who are doing the right thing in our society feel constrained by the fear that they are the ones who will end up facing a lawsuit for negligence.
“Take the responsible employer who puts in place proper training for staff, who has sensible safety procedures, and tries to do the right thing. And then someone injures themselves doing something stupid or something that no reasonable person would ever have expected to be a risk. Common sense says that the law should not simply penalise the employer for what has gone wrong.”
The government said that the Bill would not give individuals “licence to take unnecessary risks with people’s safety or leave the injured party without a remedy when the defendant has failed to meet the appropriate standard of care.
“However, it will send a strong signal to reassure people that the courts will consider, in all cases, the wider context of the defendant’s actions before reaching a conclusion on liability.”
