## INDUSTRIAL LAW SOCIETY ## **www.industriallawsociety.org.uk** _**Chair Co-ordinator**_ Sarah Fraser Butlin Jean Hughes Cloisters 18 Graysmead 1 Pump Court SIBLE HEDINGHAM TEMPLE Essex C09 3NY London EC4Y 7AA Tel/Fax: 01787 463838 Email: sfb@cloisters.com Email : jean@industriallawsociety.org.uk Tel: 020 7827 4000 Office Hours: 9am to 1pm ## **CHAIR’S REPORT 2022 / 2023** ## **1. Officers and Committee** The Society’s Officers and Committee members were on a two-year tenure since being elected in 2021. They were: **Chair** : Sarah Fraser Butlin **Vice-Chairs** : Anna Beale and Robert Lewis **Treasurer** : Nike Balogun **Secretary:** Rachel Wedderspoon ## **Ordinary Members:** Shubha Banerjee, Iain Birrell, Susan Harris, Andrew James, Omar Khalil, Dr John McMullen, Declan O’Dempsey, Rakesh Patel, Michael Reed, Madeline Stanley, Anita Vadgama and Emma Zarb **Ex-officio regional chairs during 2021 and 2022 have been:** Connie Cliff (Birmingham), Joel Smith (who assisted Dr John McMullen in Leeds), Professor Tonia Novitz and Michael Ford KC (Bristol), Max Winthrop (Newcastle), Clive Day (Nottingham), and Hayley Johnson, Josephine van Lierop and David Martyn (Scotland). ## **Members co-opted onto the Committee in 2021 were:** Ann Kelly. Ex-officio members and co-optees are usually considered by the in-coming Executive Committee at its first meeting and are selected in order to ensure broad representation on the Committee across industry, legal practitioners including the judiciary and academia. I would like to take this opportunity to thank all of the Committee members for their contributions over the last 12 months. ## **2. Membership** In spite of the ongoing challenges in relation to the pandemic, cost of living and consolidation across the sector, membership numbers increased to just under 500. **Honorary President:** Sir Patrick Elias, **Vice-Presidents: Dr Saphié Ashtiany** , Professor Catherine Barnard, Mr D Cockburn Professor Paul Davies KC, The Hon Mrs Justice Eady DBE, Lord Hendy KC, Sir Brian Langstaff, Michael Rubenstein, The Hon Mrs Justice Stacey DBE, Melanie Tether, Lord Justice Underhill **A Registered Charity: No. 292145** Page 2 I have no doubt that the newly elected committee for 2023 to 2025 will continue to develop membership further. ## **3. Principal activities** ## Hybrid Evening Meetings These sessions have been highly successful and the Society remains committed to continuing to offer first-rate meetings on topical subjects, addressed by high calibre speakers, free of charge for our members. 2022/2023 meetings were as follows: April 2022: His Honour Judge James Tayler: _**Reasonable Adjustments, Pitfalls and Possibilities**_ May 2022: Joint Meeting with Bristol Law Centre: Dr Philippa Collins: _**Putting Human Rights to Work: Labour Law, The ECHR and the Employment Relation**_ October 2022: Karen Jackson: _**Menopause: do we need another protected characteristic in the Equality Act 2010?**_ November 2022: Will Winch: _**The Modern Slavery Act: Making Statements**_ December 2022: Lady Justice Simler: _**Identifying the real reason for dismissal: reflections on Kong, Jhuti, and questions of attribution**_ January 2023: Kathleen Healy and Charles Wynn-Evans: _**“TUPE CONTINUED” – a review, recap and a look ahead at key developments relating to TUPE**_ February 2023 Mrs Justice Eady DBE: An _**‘In Conversation’**_ meeting, facilitated by REJ Nike Balogun February 2023: In person only Bristol Meeting: Charles Wynn-Evans, _**“TUPE CONTINUED” – a review, recap and a look ahead at key developments relating to TUPE**_ I would like to take this opportunity to pay special thanks not only to the Society’s guest speakers but also to those who have chaired sessions. 2022 Annual Conference: Downing College, Cambridge The 2022 Annual Conference was hosted at Downing College in Cambridge in hybrid format. Although numbers did not return to pre-pandemic levels, they significantly increased on the previous year with 127 in-person attendees and a much smaller number of additional participants (11) who joined online via zoom. **Honorary President:** Sir Patrick Elias, **Vice-Presidents: Dr Saphié Ashtiany** , Professor Catherine Barnard, Mr D Cockburn Professor Paul Davies KC, The Hon Mrs Justice Eady DBE, Lord Hendy KC, Sir Brian Langstaff, Michael Rubenstein, The Hon Mrs Justice Stacey DBE, Melanie Tether, Lord Justice Underhill **A Registered Charity: No. 292145** Page 3 The Conference was extremely well received and speaker contributions were superb: ## **Panel Session:** _**Sex, gender identity and religion and belief in the workplace**_ . Those sharing the platform were Clare Conaghan, Director, Dearden HR; Ben Cooper KC, Old Square Chambers; and Robin White, Barrister, Old Square Chambers; ## **Plenary Sessions:** _**Algorithms at Work - What if your boss was an algorithm?**_ : Professor Jeremias Adams-Prassl, Magdalen College, Oxford _**Restrictive Covenants:**_ Lady Justice Elisabeth Laing DBE _**Labour Migration in the Post-Brexit UK: Transformation or Evolution:**_ Dr Manoj Dias-Abey, Co-Director at the Centre for Law at Work and Lecturer in Law at the University of Bristol _**The protection of the individual right to strike under Article 11 and in domestic law: the journey to Mercer:**_ Stuart Brittenden, Barrister, Old Square Chambers ## **Workshops** : _**ET procedure: highways and byways**_ : Employment Judge David Massarella _**All things Fire and Rehire**_ : Gavin Mansfield KC, Littleton Chambers; and Neil Todd, Partner, Thompsons Solicitors _**Personal injury claims in an employment context**_ : Will Young, Outer Temple Chambers; _**Simplifying Legal Professional Privilege for Employment Lawyers**_ : Wonu Sanda, Senior Associate, CM Murray LLP; and Michael White, Barrister, 11KBW **After-Dinner Speaker** Victoria Phillips, retired Solicitor and former Head of Employment Rights - Client Relations, Thompsons, Solicitors. I would like to take this opportunity of recording thanks to all of the Society’s Conference speakers and also all those who chaired at the Conference. ## **4** . **Plans for 2023/2024** The Society’s newly elected committee will be considering the future shape of meetings going forwards. Details about further meetings will be circulated soon. Our 2023 Annual Conference will take place at Keble College, Oxford on Friday 8 and Saturday 9 September. Full details will hopefully be circulated in early June. **Honorary President:** Sir Patrick Elias, **Vice-Presidents: Dr Saphié Ashtiany** , Professor Catherine Barnard, Mr D Cockburn Professor Paul Davies KC, The Hon Mrs Justice Eady DBE, Lord Hendy KC, Sir Brian Langstaff, Michael Rubenstein, The Hon Mrs Justice Stacey DBE, Melanie Tether, Lord Justice Underhill **A Registered Charity: No. 292145** Page 4 ## **5** . **Thanks** May I take this opportunity to record thanks to all those who have given their time to contribute to ILS events as speakers, organisers or chairs as well as my thanks to the Committee for their work during the year and the members of the Society for your continued participation and support. ## **6. Announcement** We record the sad passing of Dr John McMullen in 2022. John was a long standing and valued member of the ILS, having been an Executive Committee member for over 30 years. He was instrumental in setting up the Society’s Leeds regional meetings in the late 1990s which he enthusiastically continued to organise, together with other ILS colleagues until the beginning of the covid lock-down. John is much missed by the Society and the wider employment law community. **Sarah Fraser Butlin Chair** **Honorary President:** Sir Patrick Elias, **Vice-Presidents: Dr Saphié Ashtiany** , Professor Catherine Barnard, Mr D Cockburn Professor Paul Davies KC, The Hon Mrs Justice Eady DBE, Lord Hendy KC, Sir Brian Langstaff, Michael Rubenstein, The Hon Mrs Justice Stacey DBE, Melanie Tether, Lord Justice Underhill **A Registered Charity: No. 292145** INDEPE.NDENT EXALIILNER'S REPORT TO THE TRUSTEES OF THE tYDUSTRIAL LAW SOCIETY I report on the accounts of the Socity for the year ended 31 D¢¢ember 2022, which are sel out on pages I to 4. Respectlve responslbllltles of trustees and examlner As the chaTity's Iruslees you are responsible for ihe preparation of the ￿CoUnts. you consider that the audit requirement of section 43121 of the Charities Act 1993 (the Aci) does not apply. It is my responsibility to state, on the basis of procedures specified in the General Directions given by the Charity CommissioneTr under section 43{7Xb) of the Act, whether particular matters have come to my attention. Basls of Independent examlner's report My examination was carried out in accordance with the General Direcrions given by the Chariry Commissioners. An exwniiiaiion includes a review of the accouiiting records kept by rhe charity and a comparison of Ihe 8ccounls presented with those reLords. It also includes consideration of any unusual items or disclosures in the accounts, and seeking explanations from you as tnlslees concerning any such mallers. The pro¢edures undertaken do not provide all the evidence thaf would be required in an audit, and ¢onsequenily I do not express an audit opinion on the view given by the accounts. Independent ex4mlner's $ta¢ement In connection with my exarninalion, no matter has come lo my allenlion: (l ) which gives me reasonable cauyc to belicvc that in any Inaterial respect the requircmenls lo keep ac¢ounling records in uccordmnce with section 41 of the Act and lo prepare accounts which accord with th¢ accouniing reLords and to coinply with the accounting requirements of the Act hav¢ noi been mei or (2) to which, in my opinion, attmtion should be drawn in order to enable a proper UnderSt￿ding of the accounts to be reached. R.D. Ginbey 3 Page Road BOWERS GIFFOIiD Basildon Essex SS13 2HP ACCO NT￿NT, REPORT Tn accordance with instNctions given to us we have prq)ared the atta¢hed Accounts from the records and from infornialion and explanations received from the Treasurer of the Ind[L￿La1 Law Society and we certify that it is in ￿cOrd8n¢¢ therewith. R D Glnbry 3 Page Road BOWERS GIFFORD Basildtsn Ess4Y SS13 2HP THE IliDUSTRIAL LAW SOCIETY STATEMENT OF ASSETS AIYD LIABILITIES AS A T 31ST DECEMBER 2022 2022 2021 ASSETS RETAINED FOR THE CHARITY'S USE Office Equipment at Cost Additions 14,949 iio 14,143 806 15,059 14,949 CASH A&SETS C&sh ai Bank 96,497 94,546 LIABILITIES HMRC Payroll Admin Telephone (incl e-maillbroadban￿Z0Om) Annual Conference knternalional Society for Labour Law Stationery Evening Meeting Bank Charges 653 450 492 225 102 202 96 252 30 145 16 Approved ..Chair THE INDUSTRiAL LAW SOCIETY IIYCOME AND EXPENDITURE ACCOUNT YEAR ENDED 31 DECEMBER 2022 2022 021 COME Subscriptions.. Individual co￿OrAte 28,207 15,665 15,191 28,859 15,510 9,394 Journal Sales Deposit Account Interest 59,063 53,763 LESS EXPENDITURE Postage & Stationery Employment Expenses.. Inc. employer5, Nl Insurancet> Infomation Commissioners Officc Secretarial Expenses Affiliation and ￿dI￿tiOn Fees Bank ch￿ge Printing Telephone (incl e-mail￿ro8dbandlZ0Om) 1,979 Accountancy & Payroll Administration 1.375 Gifts 33 Misc¢llan¢ous EmaiVwebsit¢ development 167 141 29,951 2,C)92 35 30,477 2,616 35 252 2.077 2,215 1.650 1,135 146 1,695 2,905 oup 40,256 41,320 18,807 12,443 SURPLUSI(DEFICID Oli CONFERENCES & EVENING MEETINGS (l6,746) 2.103 (DEFICIT)ISURPLUS FOR THE YEAR THE INDUSTIUAL LAW SOCIETY INCOME AND EXPENDITURE ACCOtfNT YEAR ENDED 31 DECEMBER 2022 2022 2021 ANNUAL CONFERENCE Income 45,975 30,938 Less Expenses Venue hire (incl; AV Aid5) Speakers Poslagc, Printing, Promotion & consumables 44,618 587 23,814 1.025 238 135 45,443 24,974 SURPLUSI(DEFICIT) 532 5,964 SUMMER PARTY (JUNE) Income 3,910 Less Expenses Hire of venue Speaker5 Postage, Printing & Promotion 2,762 2,762 SURPLUSI(DEFICIT) 1,148 THE tNDUSTRIAL LAW SOCIETY INCOME AND EXPENDITURE ACCOUNT YEAR ENDED 31 DECEMBER 2022 2022 2021 PUB QUIZ (DECEMBER 2021) Income 470 Le￿ Expens¢4 Donation to MIND Hirc of venue Speakcrs Postage, Printing & Promotion & consumables 470 SURPLUS/(DEFICIT) (470) EVENING MEETINGS: (ALL CENTRES) Income 1,120 549 Expenscs Hall Hire Spcakers expenses AV Te¢hnician Postage. Printing, Promolion & consumablcs 17,583 588 1,114 2.946 480 421 262 19,547 93 3.940 SURPLUSI(DbFICIT) TOTAL sURPLU￿(DEFRcllT) ON CONFERENCES AYD EVENINC LIIEETLNGS ## INDUSTRIAL LAW SOCIETY ## **www.industriallawsociety.org.uk** _**Chair Co-ordinator**_ Sarah Fraser Butlin Jean Hughes Cloisters 18 Graysmead 1 Pump Court SIBLE HEDINGHAM TEMPLE Essex C09 3NY London EC4Y 7AA Tel/Fax: 01787 463838 Email: sfb@cloisters.com Email : jean@industriallawsociety.org.uk Tel: 020 7827 4000 Office Hours: 9am to 1pm ## **Treasurer’s Report 2022** This year’s report is presented once again accounting for the activities of the Society on a “Receipts and Payments” basis. The Society made a surplus of £2,060 for 2022. ## **Subscription Income** There was a modest decrease of just under 2.5% in Individual subscription income and a small increase of 1% in the Society’s Corporate subscriptions. ## **Sales of the Journal** Sales of the Journal were exceptionally strong in 2022 with £15,191 being received from OUP in respect of profit share scheme. ## **Annual Conference** The Society’s Annual Conference made a small surplus of £532. Conference fees were kept as low as possible by the Society’s Executive Committee who unanimously agreed they should remain at the same rate as they were in 2019 and 2021. (NB In 2020 the Conference was held online only). More venue costs were incurred in terms of bedroom and dining booking fees due to the increase of in-person delegates and a reduction of online participants in 2022 from the previous year. Some £3,105 of income from the Conference is attributable to delegates arriving the evening before the start of the Conference and paying for an additional night’s bed and breakfast. No profit on these costs were made by the Society. The venue’s ‘Hybrid Meeting Package’ on top of lecture room hire resulted in an extra £2,200 in fees to the Society. This amount did not include costs of hire of an additional AV technician for the breakout sessions. As well as the sweepstake monies raised at the banqueting dinner at the Conference, the Society donated £250 to Hope Not Hate, making a total of £500 which was sent to the charity. This sum is recorded under speakers’ expenses. ## **BBQ/Summer Party** Although the 2022 BBQ/Summer Party shows a surplus of some £1,148 a deposit of £2,200 was in fact made in 2020 for the event which was subsequently cancelled in 2021! Once the figures are adjusted to take into account the previous deposit, the BBQ/Summer Party actually made a deficit of £1,052. > **Honorary President:** Sir Patrick Elias, **Vice-Presidents:** Dr Saphié Ashtiany, Professor Catherine Barnard, Mr D Cockburn Professor Paul Davies KC, The Hon Mrs Justice Eady DBE, Lord Hendy KC, Sir Brian Langstaff, Michael Rubenstein, The Hon Mrs Justice Stacey DBE, Melanie Tether, Lord Justice Underhill **A Registered Charity: No. 292145** **-Page 2-** **….Cont/d** **__________________________________________________________________________________** ## **Evening Meetings/Webinars** Costs to the Society for the hybrid sessions substantially increased six-fold in 2022. The deficit of £18,427 was due to a significant increase in venue hire costs, additional sessions taking place and AV technician costs of £1,114. The Society is, however, due a refund of some £1,046 for Evening Meeting venue hire from 2022 and when this is taken into account the deficit is reduced to £17,381. Whilst the Society has sourced a freelance AV technician (as The Law Society does not have webinar equipment in their lecture room and does not have a full-time inhouse technician working for them), their fees are considerably less than was quoted to hire one via The Law Society. The freelance technician the Society has secured sets up the camera and microphone equipment purchased by the Society and will also sit in every evening session to monitor AV feeds etc, to be on hand if needed and fix any AV issues if they arise. While the Society’s Executive Committee are monitoring the viability of these additional costs versus number of in person attendees for each hybrid session, they were, and are, keen to continue with regular hybrid evening meetings so that members have the choice of meeting peers in person, participating in a session and debating and/or exchanging views online or in person as well as enabling attendees to socialise afterwards if they so wish. ## **General Income & Expenditure** The final phase of the rebuild of the Society’s web-site was completed in 2022 at an additional cost of £1,695. As a consequence of the Society changing online Merchants with lower online transaction tariffs in the middle of 2022, bank charges decreased by some 6%. The Society spent £110 on a SumUP card reader so that delegates attending the Annual Conference could buy raffle tickets for the sweepstake at the banqueting dinner by card instead of cash. However, the machine was faulty so we were unable to use it in the end! Increases in insurance premiums, telephone/email/broadband and zoom accounts arose once again from retail price hikes. The co-ordinator was awarded a one-off bonus payment of £600 (gross) in December. Annual pay remains unchanged but the decrease is attributable to the timing of the payments of NI & Tax to HMRC. A wedding gift of some £33 was made to a member of the Society’s Executive Committee. ## **General** Income and expenditure for the year has remained stable which is extremely encouraging in the current difficult climate, whilst the bonus payment from Journal sales has made the difference between profit and loss for the year. The bank balance has remained in good shape and funds have risen to £96,497 and provides a very sound base for future projects. **Nike Balogun Treasurer, ILS** **Honorary President:** Sir Patrick Elias, **Vice-Presidents:** Dr Saphié Ashtiany, Professor Catherine Barnard, Mr D Cockburn Professor Paul Davies KC, The Hon Mrs Justice Eady DBE, Lord Hendy KC, Sir Brian Langstaff, Michael Rubenstein, The Hon Mrs Justice Stacey DBE, Melanie Tether, Lord Justice Underhill **A Registered Charity: No. 292145**