Homeowners urged to get ‘move ready’ as pressure grows 

In a housing market where mortgage rates can shift on global headlines and property chains remain painfully fragile, homeowners are being urged to get “move ready” before putting their property on the market or starting their property search.

The call comes as the property sector pushes for faster and more streamlined conveyancing amid wider economic uncertainty. Major lenders and property businesses are investing in digital systems designed to reduce delays, cut fall-through rates and speed up transactions.

A government-backed open property coalition is working to accelerate the digitisation of homebuying, while Nationwide recently became the first lender to accept e-signatures.  Lloyds is among the latest to announce an initiative focused on gathering key information earlier in the process and improving how data is shared between parties.

Conveyancing specialists say these changes reflect growing recognition that the traditional homebuying process can be frustratingly slow, particularly at a time when buyers and sellers are watching mortgage rates and household costs closely.

Recent geopolitical tensions, including concerns over oil prices and global market stability, have added to uncertainty.  Alongside, the spring and summer months traditionally see increased activity in the housing market, which can place additional pressure on all parties involved in a chain.

A significant proportion of property transactions fall through before completion, often because issues emerge late in the process. Missing documents, delays obtaining searches, identity checks or uncertainty around funding can all create hold-ups.

“With ongoing worries about inflation, interest rates and the wider global economy, many

buyers and sellers want greater certainty and fewer roadblocks when they move,” said Dawn Cherry, property law specialist with Rotherham Town-based Firm Oxley & Coward Solicitors LLP. “There’s a growing recognition that those who are better prepared are more likely to avoid delays later in the transaction, which is leading to more ‘vetting’ of potential buyers and sellers before agreeing to a sale or purchase.”

Many organisations across the property sector are working collaboratively to modernise the process through greater use of digital technology, earlier verification checks and improved information sharing.  However, lawyers stress that technology alone is unlikely to solve every problem.

“Digital improvements are welcome and can certainly help reduce duplication and administrative delays,” Dawn Cherry explained. “But preparation remains key. Sellers who gather documents early, so paperwork is ready before a buyer is found, and who respond promptly to enquiries and potential issues, are generally in a much stronger position.”

Buyers can also help avoid unnecessary delays by ensuring mortgage agreements are in place, having proof of funds readily available and instructing their solicitor and dealing with identity verification at an early stage.

“It’s welcome that we are seeing these moves towards making moving home smoother and less stressful,” added Dawn Cherry. “The government promised a homebuying ‘shake up’ last October but for now, to avoid hiccups along the way, proactive steps early on are the best option.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Double jeopardy of digital asset inheritance planning amid probate delays

Hidden digital assets and mounting interest on inheritance tax bills are creating a costly double risk for families dealing with estates following the death of a loved one, as probate delays continue to impact thousands across England and Wales, adding further stress and financial pressure.

Recent figures from the Ministry of Justice (MoJ) show that more than 2,000 probate applications in England and Wales took over a year to be granted by the Ministry in the 12 months to April 2025. While the MoJ says many applications are now being processed by them more quickly, a significant backlog remains, and complex estates can still face lengthy delays.

Government guidance says the application should take up to 16 weeks, but data shows 203 cases had taken the MoJ between 21 and 23 months to complete in 2024-25, up from 88 in 2020-2021, and 9,480 cases took more than six months to clear the Ministry in 2024-25.

A grant of probate is required before executors can finalise a deceased person’s estate, including accessing bank accounts or selling property held in their sole name. Until this is issued, assets are effectively frozen.

Delays can have serious financial consequences. Inheritance tax is usually due within six months of death, after which interest begins to accrue, currently at 7.75 per cent. This means that even where delays are outside the control of executors, estates can face mounting costs.

“There are some ways that executors can take the initiative if they face delays on their application for probate to be granted,” said Chris Shaw, a specialist in later life planning with Rotherham-based solicitors Oxley & Coward Solicitors LLP. “Banks will release funds for tax payments directly to HMRC, so an estimate of inheritance tax could be paid on account.  Unfortunately, that won’t help if the estate is largely tied up in non-cash assets such as property.”

Alongside, legal experts warn that the growing complexity of modern estates – particularly the rise in digital assets – may further complicate the process if not properly planned for.

Digital assets can include anything from online bank accounts and investment platforms to cryptocurrency, email accounts, cloud storage, photographs, subscriptions and social media profiles. While some may hold financial value, others carry significant sentimental importance.

However, unlike physical assets, digital accounts can be difficult to identify and access if no record exists.

“Many people simply don’t think about their digital footprint when writing a will,” explained Chris Shaw. “But if executors don’t know an account exists, it may never be dealt with. That means money, or memories, could be lost.

“Equally, if they know it exists but can’t access it, this can cause delays at a time when the estate needs to be administered efficiently to avoid potential penalties. When you consider that late payment of a £250,000 tax liability could cost almost £20,000 in penalty interest over a 12-month period, it’s really worth keeping track of assets so executors are well informed.”

A key issue is that access to many digital assets depends on login details or security keys. This is particularly relevant for cryptocurrency, where losing access credentials can mean the asset is permanently inaccessible.

Experts recommend keeping an up-to-date inventory of digital assets, alongside clear instructions on how they should be handled. This information should be stored securely, with executors made aware of where to find it.

Chris Shaw added: “Even the most mundane matters can cause complications. Utility accounts, online shopping profiles and subscription services may continue to incur charges until they are identified and closed.  Equally, care may be needed before closing all accounts, as devices such as phones and laptops may hold important documents or information needed to administer the estate.”

Social media accounts can also present challenges, with families needing to decide whether to close or memorialise profiles in line with the deceased’s wishes.  Establishing legacy contacts with platforms in advance, as part of estate planning, can help families overcome some problems in dealing with service providers to access a loved ones’ digital assets.

More broadly, simplifying financial affairs during your lifetime – for example by consolidating accounts and keeping clear records – can help reduce the administrative burden on those dealing with your estate.

“With further changes on the horizon, including personal pension pots being brought into the scope of inheritance tax, estates are set to become even more complex in future,” explained Chris Shaw.

“Taking steps now to ensure your will fully reflects both your physical and digital assets could help executors navigate the probate process more efficiently, minimise delays and reduce the risk of unnecessary costs at an already difficult time.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Confusion as Companies House rolls out identity checks for directors 

Company directors are being urged to familiarise themselves with new identity verification requirements being introduced by Companies House, as confusion is reported around how and when the checks must be completed.

The new rules form part of the Economic Crime and Corporate Transparency Act 2023, a major reform aimed at tackling fraud and improving transparency in the UK’s corporate register. Under the changes, company directors and those appointed as people with significant control (PSCs) will need to verify their identity before certain actions or filings can be made at Companies House.

The verification process began rolling out on 18th November 2025, but this marked the start of a 12-month transition period rather than a single deadline, something that has led to uncertainty among many directors.

“Most people understand the reasoning behind the changes and are happy to comply,” said Miss Amy Cusworth, a specialist in company law with Rotherham-based Oxley & Coward Solicitors. “But in practice we are finding that many directors are unclear about exactly what they need to do, how to do it, and when.”

One of the most common misunderstandings, particularly for sole directors, is that identity verification is a single step.  In reality, the system operates in two stages.

First, individuals must verify their identity using the Companies House verification service through GOV.UK One login, or via an authorised agent such as an accountant or solicitor. Once this is completed, they receive a unique 11-character personal code which confirms their identity.

Then, the code must then be submitted to Companies House to link the verified identity to each directorship or PSC role the individual holds, which is undertaken via the company’s annual confirmation statement process.

“You only need to verify your identity once,” Miss Amy Cusworth explained. “But your personal code must then be provided for each company role you hold, for example if you are both a director and the PSC for a company, or a director for different companies, so that Companies House can connect the verification to the correct records.”

Further confusion has arisen because the timing of verification varies depending on an individual’s role.  A director who has been newly appointed since 18th November 2025 must be validated before their appointment is filed with Companies House.

For existing directors, it must be completed before the company submits its next confirmation statement.

For directors who are also PSCs in the same company, the verification window is linked to the company’s annual confirmation statement date. In that case, individuals have a 14-day period starting the day after the confirmation statement date to provide their personal code as PSC.

But PSCs who are not directors must instead complete verification during the first 14 days of their birth month and new PSCs added to a company’s register must provide their verification details when first added to the register or within 14 days of receiving a so-called ‘direction letter’ sent by Companies House after the appointment.

Some users have also reported difficulties navigating the digital process, particularly where the identity verification app involved in the digital validation process interacts with the GOV.UK website.

Added Miss Amy Cusworth: “Despite the teething problems, directors will have to get their heads around the process and comply with these new rules which are fundamental to future company administration.

“Ultimately the aim is to ensure that the people behind UK companies are properly identified.  For most legitimate businesses it should simply become another routine compliance task, but it is worth checking the details early, so you do not get caught out by the timing, in particular for any PSC.

“The one thing you cannot do is ignore these identity verification requirements, as you may be committing an offence and be subject to a financial penalty or fine. There will also be a note added to your name on the public register.”

Directors and PSCs can check their specific identity verification deadlines by logging into the public register for Companies House and there is online guidance on timings for when you need to verify.

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Does the Employment Rights Bill scare you? Oxley & Coward simplify some of the main changes in their interview with the Barnsley & Rotherham Chamber of Commerce.

What the YouTube video here

Chancellor’s seeks stability in turbulent times

On the stump with the Spring Statement as government chases stability and growth

Chancellor Rachel Reeves delivered a punchy Spring Statement, flagging the importance of stability at home amidst growing global uncertainty.  Intended as an opportunity to shine a light on improved forecasts, global politics showed how it can intrude on even the most carefully framed domestic narrative, with the sudden escalation of hostilities in the Middle East over the weekend forcing a recalibration of tone.

The Chancellor instead started with the turbulence of an increasingly dangerous world, thanking the armed forces and highlighting the immediate concern of conflict in the region raising the prospect of higher oil and gas prices.  The knock-on effects for inflation, household bills and business input costs, are a material risk sitting largely beyond domestic fiscal control.

But turning to the latest forecast from the Office for Budget Responsibility (OBR) the Chancellor was bullish, as she announced an improvement in the UK’s fiscal position compared with the autumn statement.  Borrowing this year is projected to be nearly £18 billion lower than previously expected, and its lowest level in six years, falling below the G7 average for the first time in more than two decades.

At each prediction, Reeves flipped from fiscal statement to stump speech as she attributed the success of the government’s policies by comparison with the former Tory government and plans laid out by the Reform and Green parties.

Headroom against the government’s fiscal stability rule has widened to almost £24 billion, while debt interest spending next year is expected to be around £4 billion lower than forecast in the autumn.

On the wider economy, the OBR forecasts that GDP per capita will grow by 5.6% over the course of the Parliament, an upward revision to earlier expectations.

As in last year’s Spring Statement, there were no immediate tax changes, with Reeves flagging the importance of stability through a single, annual review each autumn, to avoid an additional period of speculation and uncertainty.

Said commercial expert Miss Amy Cusworth of Rotherham town solicitors Oxley & Coward Solicitors LLP: “There were no big tax announcements, but ongoing fiscal drag, and the gradual restriction of reliefs already scheduled, mean the taxation picture continues to shift.

“Pundits again predicted revision to inheritance tax, and many anticipated a shift on R&D reliefs for business or on student loan arrangements, and while there’s no change for the present, these issues are less about ‘if’, and more about ‘when’.  Action should be considered around succession and inheritance tax planning, timing of capital expenditure and any review of remuneration or profit extraction strategies for business owners.”

Miss Amy Cusworth: “Everyone recognises the need to use annual allowances, such as for ISA’s, Capital Gains Tax or annual pension contributions, but there are also opportunities around gifting assets, setting up trusts or investigating the value of life insurance to offset future inheritance tax, all of which could materially impact future outcomes.”

The full Spring Statement is available here and the OBR statement here

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

What Does a Conveyancer Do?

As the UK marks National Conveyancing Month in March, it is a timely opportunity to highlight the vital role conveyancers play in buying and selling property. Purchasing or selling a home in England and Wales involves far more than agreeing on a price and collecting the keys. A conveyancer plays a central role in ensuring the transaction is legally sound, properly documented, and completed without unnecessary risk or delay. From conducting legal checks and managing contracts to handling funds and registering ownership, your conveyancer protects your interests at every stage of the process.

Buying or selling property in England and Wales can seem deceptively straightforward from the outside. Once an offer is accepted, many buyers and sellers assume it is simply a matter of waiting until completion. In reality, a significant amount of legal and administrative work takes place behind the scenes. Your conveyancer manages the process from start to finish, ensuring that ownership is transferred correctly and that there are no hidden issues that could cause problems later.

Carrying Out Legal Checks and Due Diligence

One of the most important parts of a conveyancer’s role is investigating the property and its legal status. For buyers, this involves conducting a series of searches and checks to identify issues that may affect the property’s value, use, or future saleability.

These typically include:

• Local authority searches, which reveal matters such as planning permissions, building regulations, proposed road schemes, and enforcement notices.
• Environmental searches, which highlight risks such as flooding, subsidence, or contaminated land.
• Water and drainage searches, confirming whether the property is connected to mains services and who is responsible for drainage.

Your conveyancer will also review the title documents held by HM Land Registry to confirm ownership, boundaries, rights of access, and any restrictions or covenants affecting the property. For sellers, this stage involves providing accurate information and responding to enquiries raised by the buyer’s conveyancer.

Managing Contracts and Legal Documentation

Conveyancers are responsible for drafting, reviewing, and negotiating the contract for sale. This ensures that the legal documentation reflects the parties’ agreement and that appropriate protections are in place.

For buyers, this means checking that the contract accurately describes the property, the purchase price, and any special conditions. For sellers, this means ensuring obligations are clear and achievable. Once both parties are satisfied, the conveyancers handle the exchange of contracts, which makes the property transaction in England and Wales legally binding.

Handling Money and Financial Arrangements

Property transactions involve significant sums of money, and conveyancers play a key role in ensuring they are managed safely and correctly. They liaise with mortgage lenders, review mortgage offers, and ensure that funds are available when required.

A conveyancer will also:

• Calculate any Stamp Duty Land Tax due
• Arrange payment to HM Revenue and Customs
• Receive and transfer completion funds between parties

On completion day, your conveyancer ensures that the purchase price is paid, any existing mortgages are redeemed, and the transaction completes in accordance with the contract.

Acting as the Central Point of Contact

A conveyancer coordinates communication among all parties involved in the transaction. This usually includes buyers, sellers, estate agents, mortgage lenders, and other solicitors or conveyancers in the chain.

They keep the transaction moving, explain legal issues in plain English, and provide updates so clients understand where things stand. This coordination is particularly important when there is a chain of linked transactions or when issues must be resolved promptly.

Completion and Registration

Completion is the final legal step in the transaction. Your conveyancer oversees the release of funds, confirms completion, and ensures the keys are handed over to the buyer.

After completion, the conveyancer registers the change of ownership with HM Land Registry and ensures that any mortgage is properly recorded. This step is essential because legal ownership is not fully updated until registration is complete.

Who Can Act as a Conveyancer?

In England and Wales, conveyancing work can be carried out by:

• Solicitors who specialise in property law
• Chartered legal executives with property expertise
• Licensed conveyancers, who focus exclusively on property transactions

Whichever route is chosen, the conveyancer must be properly regulated and experienced in residential property transactions.

Why Instruct a Conveyancer?

A conveyancer does far more than process paperwork. They identify risks, protect your legal position, and guide you through a process that can otherwise be stressful and confusing. Whether you are buying your first home or selling an existing property, professional advice can help avoid delays, unexpected costs, and legal complications.

If you are planning to buy or sell a property in England and Wales, it is sensible to speak to your solicitor or conveyancer at an early stage to understand the process and obtain advice tailored to your circumstances.

Inheritance Act Claims and Letters of Wishes: Managing Risk in Estate Planning

Even a carefully drafted will does not always bring matters to an end. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to the court for financial provision if a will or the intestacy rules fail to make reasonable provision for them. One practical way to reduce the risk of disputes is to use a well-thought-out Letter of Wishes. This article explains how the 1975 Act works, who can bring a claim, and how Letters of Wishes can help provide clarity and context after death.

When a will is not the end of the story

Many people assume that once a valid will is in place, their estate will be distributed exactly as they intended. In reality, that is not always the case. UK law recognises that strict adherence to a will can sometimes produce unfair outcomes, particularly where someone was financially dependent on the deceased or where family circumstances are complex.

The Inheritance (Provision for Family and Dependants) Act 1975 addresses this. It allows the court to step in and adjust how an estate is distributed in certain circumstances. Understanding how the Act operates and how tools such as Letters of Wishes fit into estate planning can help reduce uncertainty and the risk of disputes.

What is the Inheritance (Provision for Family and Dependants) Act 1975?

The 1975 Act applies in England and Wales. It allows eligible individuals to apply to the court for financial provision from an estate if the will, or the intestacy rules, fail to make “reasonable financial provision” for them.

Importantly, the Act can apply whether or not the deceased left a will. This means that even a professionally prepared Will can still be challenged if someone falls within a qualifying category and can demonstrate that reasonable provision has not been made.

Who can make a claim and on what basis?

Not everyone can challenge a will under the 1975 Act. The right to apply is limited to specific categories of people, including spouses, civil partners, former spouses or civil partners who have not remarried, long-term cohabitants, children, those treated as children of the family, and people who were being financially maintained by the deceased.

The court also distinguishes between different types of claimants. A surviving spouse or civil partner can ask for provision that is reasonable in all the circumstances, whereas other applicants are limited to what is reasonable for their maintenance.

Time limits and practical risks for estates

One of the most critical practical points under the 1975 Act is timing. Claims must usually be issued within six months of the Grant of Probate or Letters of Administration being issued. While the court does have discretion to allow late claims, this should never be relied upon.

This time limit creates risk for executors and beneficiaries alike. Executors who distribute an estate too quickly may expose themselves to personal liability, while beneficiaries may face uncertainty if a claim is intimated late in the process.

What is a Letter of Wishes?

A Letter of Wishes is a separate, informal document that sits alongside a will. Unlike a will, it is not legally binding. Instead, it explains the rationale for certain decisions and provides guidance to executors or trustees on how to exercise discretion.

Because a Letter of Wishes does not have to meet the strict formalities of a will, it can be updated more easily. It can include personal or sensitive explanations that a testator may not wish to include in the will itself.

How Letters of Wishes can help in Inheritance Act claims

Although a Letter of Wishes cannot prevent someone from bringing a claim under the 1975 Act, it can still be highly influential. Courts often seek to understand why a testator made particular choices, especially when a close family member has been excluded or left a smaller share.

A well-drafted Letter of Wishes can demonstrate that potential claimants were considered, explain the background to family relationships, and show that decisions were deliberate rather than accidental or unfair. This context can be critical in blended families or where financial provision has already been made during the testator’s lifetime.

What a Letter of Wishes should, and should not, include

For a Letter of Wishes to be effective, it needs to be clear, specific and kept up to date. It should explain decisions calmly and rationally, address any foreseeable disputes, and reflect the testator’s circumstances at the time it was written.

What it should not do is attempt to rewrite the will, make unrealistic demands, or include inflammatory language. An outdated or poorly drafted Letter of Wishes can sometimes do more harm than good.

Limitations and common misunderstandings

It is important to be clear about what Letters of Wishes can and cannot achieve. They do not override a will, they do not bind the court, and they cannot block a claim under the 1975 Act. They are a supporting tool, not a substitute for proper estate planning.

Relying on informal documents alone, without considering the legal risks created by family circumstances or financial dependency, can leave estates exposed to challenge.

Final thoughts: planning for people, not just assets

Estate planning is about more than deciding who gets what. It is about recognising relationships, managing expectations, and reducing the risk of conflict after death. Understanding how the Inheritance (Provision for Family and Dependants) Act 1975 works, and using tools such as Letters of Wishes thoughtfully, can help bring clarity and reassurance for everyone involved.

Regularly reviewing wills and supporting documents as circumstances change remains one of the most effective ways to avoid disputes and protect those you care about.

Planning for the Future: What to Include in a UK Shareholders’ Agreement

A shareholders’ agreement is one of those documents that often feels unnecessary at the outset, when everyone involved is aligned and optimistic about the future. In practice, it can be one of the most important documents a company ever puts in place. A well-drafted agreement sets clear ground rules for how the company is run, how decisions are made, and what happens when circumstances change.

This article examines the key provisions typically included in a UK shareholders’ agreement and explains why they matter.

The role of a shareholders’ agreement

A shareholders’ agreement is a private contract between some or all of a company’s shareholders. It sits alongside the company’s Articles of Association and addresses matters that are often too detailed, too commercial, or too sensitive to include in the Articles. Its purpose is to provide clarity, manage expectations, and reduce the scope for disputes as the business grows or changes.

Company management and governance

Most agreements begin by addressing how the company is managed and how key decisions are made.

Decision-making provisions typically distinguish between matters the board can handle and those that require shareholder approval. Reserved matters often include issuing new shares, selling major assets, borrowing above agreed limits, or changing the nature of the business. It is common for these decisions to require a higher voting threshold, such as a supermajority, rather than a simple majority.

The agreement will also set out how directors are appointed and removed, whether particular shareholders are entitled to nominate a director, and how board seats are allocated. It will often cover director remuneration, service contracts, and decision-making at board level to ensure transparency and consistency.

Share ownership and transfer of shares

Rules governing share ownership and transfers are at the heart of most shareholders’ agreements.

Restrictions on transfers are used to prevent shares from being sold to third parties without the consent of the existing shareholders. Pre-emption rights are fundamental, giving existing shareholders the first opportunity to purchase shares offered for sale or newly issued, helping to prevent unwanted dilution or changes in control.

Drag-along and tag-along rights are also common. Drag-along provisions allow the majority shareholders to compel minority shareholders to sell their shares on the same terms as the company’s sale. Tag-along rights protect minority shareholders by enabling them to join a sale and exit on equivalent terms.

Leaver provisions address what happens when a shareholder leaves the business due to resignation, retirement, death, illness, or insolvency. These clauses often distinguish between good leavers and bad leavers, with different valuation outcomes depending on the circumstances. Closely linked to this are valuation mechanisms, which set out how shares will be valued in various scenarios, helping to avoid disputes at a difficult time.

Financial arrangements

Financial provisions help ensure that everyone understands how the company will be funded and how returns are distributed.

Funding clauses set out how additional capital will be raised, whether shareholders are obliged to contribute, and what happens if someone cannot or will not do so. Dividend policy provisions specify when profits may be distributed and whether profits are likely to be retained for growth.

In some companies, particularly those with external investment, liquidation preference clauses may be included. These clauses determine who is paid first and in what order if the company is sold or wound up.

Protecting shareholders

A shareholders’ agreement often includes specific protections for minority shareholders. These may include veto rights over certain key decisions, enhanced voting rights, or additional consent requirements to prevent unfair prejudice.

Information rights are another essential protection. These provisions ensure that shareholders receive regular financial information, management accounts, and updates on the company’s performance, even if they are not involved in day-to-day management.

Restrictive covenants

Restrictive covenants are designed to protect the business if a shareholder becomes involved with a competing venture. Non-compete and non-solicit clauses may apply during a shareholder’s ownership and for a defined period after the shareholder exits. These clauses must be carefully drafted to ensure they are reasonable and enforceable under UK law.

Dealing with disputes and deadlock

Even with the best intentions, disagreements can arise. Deadlock provisions are critical when shareholdings are evenly split. These clauses set out mechanisms for resolving impasses, such as escalation procedures, mediation, or structured buy-out options.

Many agreements include alternative dispute resolution clauses that require mediation or arbitration before court proceedings can begin. This can save time, reduce costs, and prevent damage to business relationships.

Why taking the time matters

A well-structured shareholders’ agreement can prevent disputes before they arise, protect investments, and provide a clear framework for addressing exits and unexpected events. It allows shareholders to agree the rules of engagement while relationships are strong, rather than trying to resolve issues in the heat of a dispute.

Because every business and shareholder group is different, shareholders’ agreements should be tailored to the specific company and its objectives. Anyone considering putting one in place or reviewing an existing agreement should consult their solicitor to ensure the document accurately reflects their interests and is consistent with the company’s Articles of Association.

Understanding Court of Protection Applications in England and Wales

When someone can no longer make decisions for themselves and has not put a Lasting Power of Attorney in place, the Court of Protection can step in. Applications to the Court of Protection allow decisions to be made about a person’s finances, property, health or welfare, either on an ongoing basis through a deputyship or for a specific, one-off issue. This article explains what the Court of Protection does, when an application may be needed, and what the application process entails.

What is the Court of Protection?

The Court of Protection is a specialist court in England and Wales. It makes decisions for adults aged 16 and over who lack the mental capacity to make certain decisions for themselves. Mental capacity is assessed in accordance with the Mental Capacity Act 2005, which sets out the legal framework for decision-making on behalf of vulnerable adults.

The Court’s role is not to take control unnecessarily, but to ensure that decisions are made lawfully, proportionately, and in the individual’s best interests. The person at the centre of proceedings is referred to as “P” in court documents.

When might an application be necessary?

An application to the Court of Protection is usually a last resort. In many cases, it can be avoided if the individual made a valid Lasting Power of Attorney while they still had capacity. Where no such arrangements exist, the Court can step in to provide authority and clarity.

Applications are commonly made where decisions are required about:

• Mental capacity, for example, where there is disagreement about whether P can make a particular decision.
• Property and financial affairs, such as managing bank accounts, paying bills, or selling a property.
• Health and welfare, although these deputyships are less common and usually limited to specific circumstances.
• One-off decisions, including statutory wills, large gifts, or authority to complete a particular transaction.
• Urgent or emergency situations, such as time-sensitive medical treatment or safeguarding concerns.
• Disputes, where family members or professionals cannot agree on what is in P’s best interests.

Who can apply to the Court of Protection?

Anyone aged 18 or older can apply to be a deputy, although most applicants are close family members or trusted friends. In some cases, particularly where finances are complex or there are disputes, a professional deputy, such as a solicitor, may be appointed.

Whoever applies must be suitable for the role and willing to take on the responsibilities that come with acting under the Court’s authority.

The application process explained

Applying to the Court of Protection involves several formal stages and can take several months from start to finish.

Preparing the application

The application begins with completing the relevant court forms. These usually include:

• COP1, the main application form.
• COP3, a capacity assessment completed by a medical professional or other suitably qualified person.
• COP4, the deputy’s declaration, confirming their understanding of the role and duties.

For property and financial affairs applications, additional financial information is required using COP1A, which details P’s assets, income, and liabilities.

Submitting the application and paying the fee

Once the forms are completed, they are submitted to the Court, along with the application fee. The fee is currently around £400, although fee reductions or exemptions may be available, depending on P’s financial circumstances.

Notifying P and others

After the Court issues the application, the applicant must formally notify P and at least three other people with an interest in P’s welfare. This is a key safeguard, allowing those notified to raise concerns or objections within a set period, usually 14 days.

Court consideration and possible hearings

Once the notification period has passed, the Court reviews the application. In straightforward cases, a decision may be made on the papers. If there are objections, complex issues, or disputes, the Court may request further information or schedule a hearing.

The court order and security bond

If the application is approved, the Court issues an order setting out what the deputy is authorised to do. Before the order becomes final, the deputy may be required to arrange a security bond. This serves as insurance to protect P’s finances against misuse or mismanagement.

Responsibilities after appointment

Once appointed, a deputy must always act in P’s best interests and within the limits of the Court order. The Office of the Public Guardian supervises deputies and must submit annual reports explaining their decisions and how P’s money or welfare has been managed.

The role carries significant legal responsibility, and deputies can be held accountable if they fail to fulfil their duties.

Why legal advice is often essential

Court of Protection applications are detailed, document-heavy, and tightly regulated. Errors or omissions can lead to delays, additional costs, or the application being refused. For that reason, many applicants choose to work with a solicitor experienced in Court of Protection matters.

A solicitor can advise on whether an application is necessary, help prepare the paperwork, manage the notification process, and guide deputies on their ongoing responsibilities. If you are considering an application, speaking to your solicitor at an early stage can clarify the process and make it more manageable.

Employment Rights Act is a call to action for employers 

A new year, a new employment framework: what employers need to know about the Employment Rights Act passed by parliament in December 2025.

By Amy Cusworth, employment lawyer at Rotherham-based Oxley & Coward Solicitors LLP.

The start of 2026 brings with it a significant shift in the UK employment landscape, following the passage of the Employment Rights Act 2025. After months of parliamentary ping-pong between the House of Commons and the House of Lords, the legislation finally received Royal Assent in December, marking one of the most substantial updates to workplace rights in a generation.

And for employers, the message is clear: while most of the changes will be phased in over the next two years, early awareness and preparation will be critical. The Act is designed to modernise employment protections, improve job security and strengthen enforcement – but it also introduces new compliance obligations and, potentially, a higher risk of disputes if processes are not robust.

A phased rollout, not an overnight change

Although the Act is now law, most of its provisions will not take effect immediately. The government has committed to a phased implementation programme, with most reforms coming into force on standard April or October commencement dates.

Key early changes include the repeal of the Strikes (Minimum Service Levels) Act 2023 and parts of the Trade Union Act 2016, which took effect shortly after Royal Assent. Other measures, including day-one statutory sick pay and paternity leave, and the launch of the new Fair Work Agency, are expected from April this year.

One of the most closely watched reforms, however, will not take effect until 1 January 2027: the reduction of the qualifying period for unfair dismissal claims from two years to six months. The government has also confirmed that the current cap on unfair dismissal compensation will be removed.

Unfair dismissal: earlier exposure for employers

The change to unfair dismissal rights represents a meaningful shift in risk management for employers. While the government stepped back from making unfair dismissal a day-one right, a six-month qualifying period still significantly shortens the window during which employers can terminate employment without the risk of a claim.

Combined with the removal of the compensation cap and the extension of the time limit for bringing Employment Tribunal claims from three months to six months, employers may see an increase in both the volume and value of claims. This is particularly relevant given the existing backlog within the tribunal system, with such matters likely to remain unresolved for long periods.

For businesses, this places greater emphasis on consistent performance management, clear documentation, and fair procedures right from the start, through probationary periods and beyond.

Opening up to trade union engagement and tighter redundancy consultation

Stronger collective redundancy rights will see the introduction of tighter requirements on consultation.  Another area that will require close attention from employers is the Act’s extension of trade union rights and engagement. The new framework lowers barriers to union access and strengthens protections for union activity, meaning employers may need to be more proactive in how they manage relationships with recognised unions and how they respond to requests for engagement.

Even where a workforce has historically had limited union involvement, organisations will need to ensure managers understand the new rights introduced by the Act, handle communications carefully, and apply policies consistently, as missteps in this area are likely to attract scrutiny once the reforms are fully in force.

Zero-hours contracts, flexibility and guaranteed hours

The Act also targets what the government describes as historic one-sided flexibility on the part of employers, with new rights for workers on zero-hours contracts, including access to guaranteed hours, reasonable notice of shifts and compensation for short-notice cancellations. Similar protections will apply to agency workers.

These measures are intended to provide greater security for workers, and employers in sectors that rely heavily on flexible staffing – such as hospitality, retail and logistics – will need to review workforce models carefully to ensure compliance without undermining operational needs.

Family-friendly rights and workplace protections

A number of reforms expand existing family-friendly and wellbeing protections.  For Statutory Sick Pay, the Lower Earnings Limit and the waiting period have been removed.  Paternity leave and unpaid parental leave will become day-one rights, and a new right to unpaid bereavement leave will be introduced, including for pregnancy loss before 24 weeks.

The Act also strengthens protections aimed at improving gender equality in the workplace. Large employers will be required to produce action plans setting out how they are addressing gender pay gaps and supporting staff through menopause, signalling a more structured and transparent approach to equality issues. Alongside this, new safeguards will limit dismissal for pregnant employees, those on maternity leave, and for at least six months after returning to work, except in defined circumstances, meaning employers will need to focus on fair treatment and careful decision-making during employee key life stages.

There are also stronger protections around harassment, requiring employers to take “all reasonable steps”, rather than simply “reasonable steps”, to prevent sexual harassment, including harassment by third parties. This change is likely to increase expectations around training, policies and workplace culture.

Enforcement and the Fair Work Agency

Another significant development is the creation of the Fair Work Agency, which will bring together enforcement of the National Minimum Wage, holiday pay, agency rules and labour exploitation. The Agency will have expanded powers, including the ability to bring tribunal claims on behalf of workers and impose civil penalties.

For employers, this signals a more proactive enforcement environment and reinforces the importance of compliance across pay, working time and contractual arrangements.

Planning ahead

Business reaction to the Employment Rights Act has been mixed, with concerns around cost, administration and flexibility needing to be balanced against the government’s aim of creating a more secure and productive workforce. What is clear, however, is that the scale of change warrants early engagement.

This is not a single reform but a package of changes that will reshape how employers manage risk, people and processes over the next few years. The phased timetable gives businesses breathing space, but those that wait until changes are live may find themselves on the back foot.

As 2026 begins, the priority for employers is to move on from the speculation and headlines of last year, towards a structured view of what the Act requires, when changes will take effect, and how policies, procedures and management practices should be reviewed in readiness.

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Love in later life and the inheritance tax trap

January is traditionally a busy month for family lawyers, a time when couples often resolve to start the new year by breaking up, but it’s a pattern no longer confined to younger couples. Divorce among over-60s – often referred to as silver splitters – has become an established trend, reflecting longer lives and changing expectations in later life.

Figures from the Office of National Statistics (ONS) show that divorces amongst those aged 65+ increased by 46% between 2004 and 2014.  And while ONS no longer tracks the ages of divorcing couples, recent research by Legal & General shows that one in three divorces now involve somebody over the age of 50.

But relationships in older age are not just about separation and endings, they are also about the opportunity for new beginnings, and for many that means living with a new partner.

The latest ONS figures highlight just how widespread cohabitation has become. Around 22.7% of couples in England and Wales were cohabiting in 2022, up from 19.7% a decade earlier, while the proportion of people who are married or in a civil partnership has fallen below 50%.

Increasingly, lawyers are seeing couples who have chosen to live together rather than marry, sometimes for many years, without fully appreciating how differently the law treats them, particularly when it comes to inheritance tax and financial protection on death.

Explained inheritance specialist Hollie Smith of Oxley & Coward Solicitors LLP: “What many couples don’t appreciate is that the law draws a sharp distinction between spouses and cohabiting partners when it comes to inheritance. There is no such thing as a ‘common law spouse’ for tax purposes and the financial impact can be huge for the survivor in a couple.”

Under current rules, assets left to a husband, wife or civil partner pass free of inheritance tax, regardless of value. By contrast, an unmarried partner may face a 40% tax charge on anything above the £325,000 nil-rate band. For homeowners and long-term partners, that can translate into a significant and unexpected bill at an already difficult time.

Alongside tax, pension entitlements can also differ, with some occupational schemes paying survivor benefits only to spouses or civil partners.

The issue often only comes to light at a late stage, sometimes when one partner is seriously ill and for some it may mean a rushed, last-minute wedding, with figures showing a steep rise in so-called ‘deathbed marriages’.  The General Registrar’s Office recorded 836 such licences in the 12 months to end of June 2025, a 49 per cent increase on the 561 permits issued ten years earlier in the year to June 2015.

“While marriage is not the right choice for everyone, having a full understanding of the legal and tax consequences of cohabitation is essential, particularly for older couples with property, savings or pensions, and potentially two sets of children each looking to their inheritance,” added Hollie Smith.

“It’s about planning. Whether married, cohabiting or recently separated, taking early advice on wills, estate planning and financial protection can help couples avoid unpleasant surprises and ensure that personal choices don’t carry unintended tax consequences later on, which may be particularly hard on the survivor.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Dilapidations Explained: What Commercial Tenants and Landlords Need to Know

Dilapidations are a common source of dispute at the end of a commercial lease. They can involve significant sums of money and often come as an unwelcome surprise to tenants who believed they had left a property in reasonable condition. Understanding what dilapidations cover and how claims are assessed is essential for both landlords and tenants navigating the end of a lease.

At their core, dilapidations are about whether a tenant has complied with their lease obligations regarding the property’s physical condition. What a landlord can legitimately claim, and what a tenant is required to put right or pay for, depends almost entirely on the wording of the lease.

What Are Dilapidations?

Dilapidations are breaches of a tenant’s repairing, decorating, reinstatement, or statutory compliance obligations under a commercial lease. These breaches are usually identified when a lease is nearing its end or has already expired, although interim claims can sometimes be made during the term.

A landlord may either require the works to be carried out by the tenant before the lease ends or recover the cost of carrying out those works themselves once the tenant has vacated.

Repair Obligations Under the Lease

Most commercial leases require the tenant to keep the property in repair. The extent of that obligation can vary widely. Some leases impose a full repairing obligation, meaning the tenant must put the property into good repair and keep it in good repair, regardless of its condition at the start of the lease. Others limit the obligation by reference to the property’s initial condition.

Repair does not only relate to major structural issues. It can also include worn flooring, damaged ceilings, broken fixtures, defective services, or deterioration due to lack of maintenance. Whether something constitutes disrepair rather than fair wear and tear is often a key point of dispute.

Redecoration Requirements

Commercial leases commonly require tenants to redecorate the property at specified intervals and again at the end of the lease. These obligations may apply only to internal areas or extend to external areas of the building, depending on the lease terms.

Failure to carry out required redecoration works can form part of a dilapidations claim, even if the property is otherwise in reasonable condition.

Reinstatement of Alterations

Tenants frequently carry out alterations to suit their business needs, such as installing partition walls, additional cabling, signage, or kitchen facilities. Leases often require the tenant to reinstate the property to its original layout at the end of the tenancy.

Where alterations were carried out under a licence for alterations, that document will usually set out specific reinstatement obligations. If reinstatement is required but not carried out, the landlord may include the cost of those works in a dilapidations claim.

Compliance With Statutory Requirements

Many leases place the responsibility on the tenant to ensure the property complies with relevant statutory requirements throughout the term. This can include obligations relating to fire safety, asbestos management, electrical testing and other health and safety regulations.

If compliance has not been maintained, remedial works or investigations may be included in a dilapidations schedule, even if the tenant was unaware of the issue during occupation.

The Dilapidations Process in Practice

The process typically begins with the landlord or their surveyor preparing a schedule of dilapidations. This document sets out the alleged breaches of the lease and identifies the remedial works required and may also include estimated costs.

If the tenant fails to complete the works before the lease ends, the landlord may pursue a monetary claim for damages. This is often referred to as a quantified demand and may include the cost of the works, professional fees, and, in some cases, loss of rent.

Limits on a Landlord’s Claim

The law places an essential restriction on dilapidations claims for disrepair. Under section 18(1) of the Landlord and Tenant Act 1927, damages are capped at the amount by which the disrepair has reduced the value of the landlord’s interest in the property.

This means a landlord cannot automatically recover the full cost of repairs if the works would not increase the property’s value. For example, where a building is to be redeveloped or substantially altered, the impact of disrepair on value may be minimal.

The Importance of a Schedule of Condition

One of the most effective ways for tenants to limit dilapidations exposure is to agree a schedule of condition at the start of the lease. This is usually a photographic record of the property’s condition at the commencement of the lease.

When properly incorporated into the lease, a schedule of condition can limit the tenant’s repairing obligations, so the tenant is not required to put the property into a better condition than it was at the outset.

Managing Risk and Avoiding Disputes

Dilapidations are highly technical and often require both legal and surveying expertise. Early engagement, careful review of lease obligations and realistic negotiation can make a significant difference to the outcome.

Whether acting as a landlord or a tenant, obtaining advice from a solicitor at an early stage can clarify obligations, assess risk, and avoid unnecessary costs and disputes as a lease comes to an end

Flexible Working Requests: A Guide for Employers and Employees

Flexible working has become a key part of the employment landscape. Both employers and employees benefit when work arrangements accommodate personal commitments, operational requirements, and evolving workplace norms. This article details the statutory process for flexible working requests in the UK, outlines what both parties need to do, and highlights best practices to ensure success.

What is a statutory flexible working request?

A statutory flexible working request is a formal application by an employee to alter their contract concerning when, where, or how much they work (for example, changing hours, times, or the location of work). According to ACAS guidance, flexible working encompasses arrangements such as part-time work, working from home, job-sharing, compressed hours, or hybrid working.

From 6 April 2024, all employees can make a statutory request from their first day of work. There is no longer a required minimum period of service before they can make a request.

Employees may now make up to two such requests in any 12-month period.

How to make a statutory request

Employees wishing to make a statutory request should meet the requirements to ensure the request is valid and correctly processed. The following steps outline what both employees (and employers) need to understand.

1. Submit a formal written request

The employee must submit the request in writing (by email or letter). It should be clearly titled as a “statutory request for flexible working.”

2. Include key information

The request should contain at least the following:

• The date of the request.
• A clear statement of the change you are seeking (for example, change in hours, start/finish times or place of work).
• The date on which you would like the requested change to take effect.
• If you have submitted a previous statutory flexible working request to this employer, the date of that request.

3. Check eligibility

Since April 2024, the right has been available from the first day of employment. You may only submit one live request at a time (i.e., you cannot submit a second before the first has been addressed), and you are limited to two requests in a 12-month period.

4. Suggested good practice

While not strictly necessary, it is advisable for an employee to:

• State the reason why the change is being requested (for example, family commitments, health or commuting issues).
• Consider and outline the impact of the change on your role and the employer and suggest how any disruption could be managed. Even though you are no longer legally required to specify the business impact, doing so may support your case.
• Submit the request with reasonable notice to ensure proper consideration.

Employer’s process for dealing with a request

1. Review the request

Once a statutory request is received, the employer must handle it in a “reasonable manner” in accordance with the Employment Rights Act 1996 and the updated ACAS Code of Practice.

2. Consultation and decision

If the employer intends to refuse the request, the law now requires them to consult with the employee before making a decision.

The employer must notify the employee of the decision – whether to accept, reject (with reasons) or propose an alternative arrangement. The decision period is within two months of the request date (unless both parties agree to extend).

If the request is accepted, the employer should send written confirmation, set the start date of the new arrangement, and update the employment contract with the new terms within 28 days of the agreement.

3. Valid business reasons for refusal

An employer may only refuse a statutory request based on one or more of the eight permitted business grounds outlined in legislation and the ACAS Code. These include:

• The burden of additional costs
• The inability to reorganise work amongst existing staff
• The inability to recruit additional staff
• A detrimental impact on quality or performance
• A detrimental effect on the employer’s ability to meet customer demand
• Insufficient work for the periods proposed
• Planned structural changes to the business.

When refusing, the employer should clearly state the business reason(s) in writing and inform the employee of their right to appeal (if an internal appeal process exists). The employer must demonstrate that the request has been properly considered — employment tribunals will consider whether the ACAS Code was followed.

Informal (non-statutory) requests

Even if the employee is not eligible to make a statutory request (for example, because they are not classified as an “employee” under employment law), they can still request flexible working informally. In such cases, the employer is not strictly obliged to follow the statutory procedure or to give business-justified reasons, but good practice suggests that they should give proper consideration.

Rights and protections for employees

• Employees have the right from their first day of employment to make a statutory flexible working request.
• An employer must not subject the employee to a detriment or dismiss them because they have made (or proposed to make) a statutory request.
• Where a request relates to a disability or caring responsibility, the employer’s obligations under the Equality Act 2010 may also apply.

Why flexible working matters

From an employer’s perspective, being receptive to flexible working can bring a variety of advantages: improved recruitment and retention, increased employee engagement, greater inclusivity, and a better work-life balance for staff.

For employees, having the opportunity to work flexibly can reduce commuting time, support caring responsibilities, improve well-being, and enable a better balance between work and other life commitments. The key is for the arrangement to be workable for both parties.

Practical tips for employers and employees

For employees:

• Submit your request early and include all necessary details (date, change sought, start date, previous requests).
• Consider how you frame the request so that it demonstrates awareness of business needs (even though you are not strictly required to include the business impact).
• Keep a record of the request and any responses.
• Get ready for a meeting where your employer might want to discuss the request.
• If the request is refused, review the reason provided and whether it complies with the permitted business grounds. Consider whether you have grounds for an appeal or further discussion.

For employers:

• Ensure you have a clear and accessible flexible working policy and procedure, even though informal arrangements are allowed.
• Respond to statutory requests within two months or agree to any extension with the employee in writing.
• If you plan to refuse, conduct a consultation meeting with the employee before reaching a decision.
• If rejecting a request, clearly outline the business reason(s) in writing and inform the employee of any internal appeal process.
• Record the decision, update contracts if applicable, and communicate clearly whether an arrangement is accepted (in full or in part) or refused.
• Follow the ACAS Code of Practice in spirit – tribunals may consider whether the employer adhered to the Code.

Reaching the Right Balance

The statutory right to request flexible working is now more accessible than ever, thanks to the changes introduced in April 2024. Employees can make a request from day one, may submit up to two requests a year, but can only have one active request at a time. Employers must act reasonably and promptly, consult with the employee before refusing, and provide genuine business reasons if they reject the request.

By approaching flexible working requests constructively and collaboratively, both employers and employees can reach agreements that promote productivity, flexibility, and well-being. For more detailed guidance, check out the ACAS Code of Practice on requests for flexible working and the official government guidance on requesting flexible working.

Mince pies and the minimum wage 

As Christmas and New Year approaches, many firms will rely on additional seasonal staff for shops, warehouses, hospitality outlets and delivery services, but employers must not overlook meeting minimum wage rates and holiday pay obligations.

Those working ‘Christmas jobs’ – including part-time, temporary and zero-hours workers – are legally entitled to the same minimum hourly rates and holiday entitlements as other employees.

Under the Working Time Regulations 1998 (as updated), almost all workers must receive 5.6 weeks’ paid holiday a year, even if they work only seasonally, part-time, or irregular hours.  Holiday pay for those with irregular hours or part-year contracts should now be calculated using the 12.07% accrual method or, if using rolled-up holiday pay that has been in place from April 2024, clearly identified on the payslip.

That is especially important at this time of year: the extra shifts, longer working hours, and deductions for uniform or unsocial-hours premiums increase the risk of inadvertently slipping below the minimum wage or under-estimating holiday pay.

Nearly 500 employers were recently fined more than £10 million for failing to pay the National Minimum Wage and £6 million put back into the pockets of workers following a crackdown as part of the Government’s Plan for Change, and an open hotline for reporting underpayments to HMRC.

Said Amy Cusworth, employment lawyer at Rotherham-based Oxley & Coward Solicitors LLP:  “Seasonal staff can be a major boost to business, but only if the basics are handled correctly.  Now is the time for employers to double check pay, holiday entitlements and paperwork before the festive rush turns into a new year compliance headache.  The naming and shaming of 500 employers recently, including many high street names, shows the reputational damage involved in failing to make the right calculations.”

Checklist for employers

• review pay rates and contract terms to ensure they meet or exceed minimum wage requirements for all hours worked (including overtime, training, opening/closing time and unpaid work)
• audit holiday entitlement and pay calculations for irregular-hours or part-year staff, ensuring holiday pay is not simply built into an hourly rate unless properly documented
• ensure payslips clearly show holiday pay separately (especially if using rolled-up holiday pay)
• ensure payroll software is up to date and applying the latest rates of tax and national insurance
• understand that failure to comply can trigger HMRC enforcement action, including penalty payments and the requirement to pay all arrears owed

National Living Wage and National Minimum wage rates 2025

National Living Wage (21 and over)   £12.21

18 to 20                                               £10.00

Under 18                                              £7.55

Apprentice                                          £7.55

Amy Cusworth added: “Christmas comes but once a year, as the saying goes, and seasonal staff may come and go, but statutory pay rules don’t take a holiday, and employers need to keep them firmly in the calendar all year round.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Employee References – What Is the Law?

In the UK, employers are generally not obliged to provide a reference for a former employee. However, if they choose to do so, they must ensure the reference is fair, accurate, and not misleading. Employers can face legal consequences if they include false or discriminatory information. This article explains when references should be given, what they should contain, and the rights both employers and employees have under UK law.

References remain a key part of the recruitment process, providing potential employers with insight into a candidate’s previous employment and performance. However, many people are unaware of the legal position regarding job references in the UK. Can a previous employer refuse to provide one? What must a reference include, and what can be omitted?

The law offers a clear framework to safeguard both employers and employees when references are written or requested. Guidance from ACAS and GOV.UK details the key obligations, exceptions, and rights involved.

Are Employers Legally Required to Provide a Reference?

In most cases, employers are not legally required to give a reference. They are only obliged to do so if:

• The employment contract, staff handbook, or another written agreement specifies that a reference will be provided; or
• The role is within a regulated industry, such as financial services, where specific rules require references for compliance and fitness checks.

For most other roles, providing a reference is voluntary. However, once an employer agrees to give one, they have a legal duty to ensure the contents are true, fair, and accurate.

What a Reference Can and Cannot Include

Employers can decide how much information to share, from a basic factual reference to a more comprehensive account of performance and conduct.

A factual reference usually confirms employment dates, job title, and, sometimes, the reason for leaving. A detailed reference might include information about skills, abilities, or attitude.

However, there are legal restrictions on what can be included:

• Accuracy: Each statement must be correct and backed by evidence.
• Fairness: Opinions should be fair and grounded in documented facts.
• Non-discrimination: References must not include or be influenced by information about protected characteristics such as age, sex, disability, race, religion or sexual orientation.
• Spent convictions: Employers are not permitted to disclose spent criminal convictions under the Rehabilitation of Offenders Act 1974. However, there are specific exempt roles (for example, certain safeguarding or regulated positions) where spent convictions can still be requested and disclosed.
• Sensitive information: Absences due to maternity, paternity, sickness, or disability-related adjustments should only be mentioned if objectively relevant to the role and lawfully processed under data protection law.

References are typically marked as confidential and should only be sent to the designated recipient.

When Employers Might Face Legal Action

Employers who offer misleading or false references may face various legal consequences:

• Negligent misstatement: If an inaccurate reference results in the employee suffering financial loss, such as losing a job offer, they may claim damages.
• Defamation: if a reference includes false and damaging statements made with malice, the employee may pursue a defamation claim.
• Breach of contract: If a contract or settlement agreement guarantees a reference and one is not given, this could lead to a breach of contract claim.
• Discrimination: References that disclose or depend on discriminatory factors might lead to an employment tribunal claim under the Equality Act 2010.

Employers are therefore encouraged to maintain records that substantiate the contents of any reference they supply.

What Are an Employee’s Rights?

Employees have rights under both data protection and employment law.

• Access to information: Under data protection law, individuals have the right to request access to their personal data. This may include copies of references held by the employer receiving the personal information, though not always from the referee.
• Right to challenge: If a reference is inaccurate or unfair, an employee may request it to be reviewed and corrected.
• Legal recourse: If a job offer is withdrawn due to a misleading reference, the individual may be able to pursue legal action depending on the circumstances.

Best Practice for Employers

Although references are not always compulsory, employers should adhere to best practices to prevent disputes.

• Have a clear written policy regarding providing references.
• Keep references concise and factual unless otherwise agreed.
• Train managers and HR personnel on the legal boundaries of what can be communicated.
• Maintain evidence to support any statements regarding performance or conduct.
• Mark references as private and confidential.

Following these steps helps safeguard both the business and the employee from unnecessary conflict.

A Fair and Lawful Approach

References are a crucial element of recruitment but can also pose legal risks if not handled properly. While there is no overall legal obligation to provide them, any reference given must be accurate, fair, and free from discrimination. Both employers and employees benefit from understanding their rights and obligations in this area.

Mind the energy gap: commercial landlords face a closing window on EPC compliance

A chilly draught is blowing through the commercial property market, as tightening EPC rules mean landlords must seal the gaps in energy performance before key deadlines shut them out of future lettings.

Under current proposals, the minimum EPC (Energy Performance Certificate) rating for commercial properties is set to increase from E to B, with legal prohibitions on letting non-compliant buildings.

For many landlords, this will demand significant investment and forward planning to avoid regulatory penalties or stranded assets.

What’s changing and what’s at stake

The Minimum Energy Efficiency Standards – MEES – set performance requirements for properties to be legally let in England and Wales. The aim is to improve the energy efficiency of the nation’s building stock and help the UK reach its net zero targets.

Since April 2023, landlords of non-domestic let property must ensure their building has at least an EPC of E, even when there has been no renewal or assignment of the lease.  Without an exemption, buildings rated F or G may already be categorised as substandard.

And those standards are expected to tighten. While the original timetable to increase from EPC rating E to C in 2027, then to B in 2030, has been pushed back, the Department for Energy Security and Net Zero (DESNZ) is expected to confirm new deadlines by the end of 2025.

Commercial property lawyer Sue Richmond-Sterry at Rotherham–based Oxley & Coward Solicitors LLP explained:  “While we’re waiting to hear from DESNZ, it is unclear whether the interim milestone of EPC C will remain part of the framework, but EPC B does remain projected as the future benchmark and will most likely be required between 2030 and 2035.

“It may seem a long way away, but these changes carry real financial and operational implications, as a large proportion of commercial stock could fail to meet the new standards, without urgent upgrading.

“Reports suggest up to 70% of commercial floor space in England and Wales is currently rated C or below, putting an estimated £700 billion of assets at risk of becoming underused or unlettable.”

A range of MEES exemptions may be available, but each has tight conditions. These include situations where upgrades are not economically viable within a seven-year “payback” period; where all reasonable improvements have already been carried out; where required works would damage the building; or where third-party consent, such as from a tenant or lender, is refused.

Landlords should also be aware that exemptions under MEES are not permanent or transferable.  Any exemption registered on the PRS Exemptions Register lapses automatically when the building changes ownership. This means that a buyer cannot rely on the previous landlord’s exemption, but new landlords can apply for a six-month temporary exemption while they make improvements or register a further valid exemption.

“These deadlines aren’t far off,” added Sue Richmons-Sterry. “Landlords need to treat these EPC changes as a core risk to their assets. Delay equals expense—and potential loss of rental income. The time to act is now.”

Pull out box:

What landlords should do now

1. Audit your portfolio

Identify which assets are at risk (D, E, F, G rated) and prioritise those requiring upgrades.

1. Plan improvements early

Heating systems, insulation, glazing, lighting, building controls, and renewable energy will all be key levers.

1. Check and register exemptions

Some properties may qualify for valid exemptions (e.g. due to cost or structural constraints). These must be registered to be relied upon.

1. Document decision-making

Keep clear records of assessments, cost-benefit analyses, and upgrade plans. These may prove crucial in defending against enforcement action or negotiating leases.

1. Revisit lease drafting & landlord rights

Ensure leases give landlords power to carry out upgrades or require tenant cooperation where needed.

1. Monitor policy developments

The Government is consulting on further reforms to the Energy Performance of Buildings (EPB) regime.

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Leaving Charitable Gifts in Your Will

Leaving a charitable gift in your will is an easy, impactful way to support causes you care about. Whether it’s a fixed sum, a specific item, or a share of your residuary estate, legacy giving can create a lasting difference — and it can be tax-efficient. Gifts to UK-qualifying charities are usually exempt from Inheritance Tax (IHT).

Ways to leave a gift to charity

• Pecuniary gift: a specified sum of money to a named charity.
• Specific gift: a particular item (e.g. property, jewellery, artwork, shares).
• Residuary gift: all or a percentage/share of your residuary estate (what remains after other gifts, debts and expenses).

You can combine gift types and benefit more than one charity. If you want your executors to choose (or choose from a list), ask your solicitor to draft a clear charitable power with a fallback to protect tax relief.

Identifying charities correctly

Avoid confusion by using the charity’s full name, registered address, and registration number. Include a successor/similar charity clause so the gift can still be applied if your chosen charity merges or ceases. (Courts can apply the cy-près doctrine where the original purposes can’t be carried out.)

Inheritance Tax benefits

Gifts to UK-qualifying charities are IHT-exempt. If you leave 10% or more of the baseline/net estate to charity, the IHT rate on the remainder may reduce to 36%. Because the 10% test can be technical (and may be applied to components of the estate), ask your solicitor to word the clause to ‘meet the 10% test’ and model the effect using HMRC’s reduced-rate calculator.

Ensuring your will is valid

Your will must be in writing, signed by you, and witnessed by two people who are not beneficiaries (nor their spouse/civil partner). If your circumstances change, you can make a new will or add a properly executed codicil.

Practical steps and professional advice

• Be specific: make your instructions clear.
• Keep records: tell your executors where the will is stored.
• Appoint executors: people you trust (family, friends or professionals).
• Seek advice: a solicitor can ensure the will is valid, gifts are identified properly, and clauses are tax efficient.

Optional planning tool: Within 2 years of death, beneficiaries may use a Deed of Variation to redirect part of an inheritance to charity; HMRC requires notification to the charity for IHT treatment.

Conclusion

Leaving a charitable legacy lets you support the organisations that matter to you and can reduce your estate’s IHT. For best results, take advice so your will is clear, valid and tax efficient.

What Happens to Your Digital Assets After Death?

In today’s world, our lives are becoming more connected online. From email accounts and social media to online banking, photos, and cryptoassets, our digital footprint can be both financially valuable and personally meaningful. Yet many people neglect these assets when planning for the future. Without suitable arrangements, families and executors can encounter significant difficulties in accessing or managing them.

What Counts as a Digital Asset?

Digital assets refer to any type of electronic data stored on devices or online platforms. Typical examples include:

• Email accounts and cloud storage
• Social media profiles (Facebook, Instagram, LinkedIn, X, and others)
• Online banking, investment and shopping accounts
• Music, film and e-book libraries
• Photos and videos stored on personal devices or online services
• Cryptoassets such as cryptocurrencies and NFTs

Because technology develops rapidly, new kinds of digital assets are likely to emerge, making regular estate planning reviews essential.

Why They Matter in Estate Planning

Unlike physical property, which can be locked away, digital assets are protected by passwords, encryption, and multi-factor authentication. Without prior planning, executors or family members may be unable to access them. This can lead to the loss of sentimental items, such as photographs, or even significant financial value when cryptoassets are involved.

Recording and Managing Your Wishes

To simplify matters, it is wise to:

• Create an inventory of digital assets, including login details and access methods, stored securely.
• Nominate a trusted person to handle your digital estate, sometimes called a “digital executor.”
• Set out your intentions clearly, such as whether accounts should be closed, transferred, or memorialised.
• Address cryptoassets specifically, ensuring private keys and wallet details are passed on safely.

These steps can be included in your will (and, for lifetime incapacity only, in a Lasting Power of Attorney). An LPA ends on death; afterwards, your executors act. Some providers will still restrict access regardless of your documents, so plan to use their bereavement tools.

Access Challenges and Jurisdictional Issues

Even with thorough planning, practical challenges can occur. Many online platforms are global, meaning different legal systems might apply depending on where data is stored. However, if the correct credentials are available, your nominated person should generally be able to act in accordance with your wishes. Executors should use the platform’s formal process with proof of authority (e.g., Grant of Probate/Letters of Administration).

How Online Platforms Respond

Various providers adopt different approaches:

• Facebook and Instagram enable accounts to be “memorialised”, and Facebook allows users to appoint a legacy contact.
• LinkedIn, X (Twitter), and Snapchat do not provide memorialisation services, but accounts can usually be closed upon request.
• Google (including YouTube) offers an “Inactive Account Manager” tool that lets users decide who can access their accounts after a period of inactivity.

These options highlight the importance of taking action in your lifetime to establish preferences.

Planning Your Digital Legacy

Planning ahead for your digital assets ensures that your online presence and valuable data are managed according to your wishes. Just as with property or financial accounts, clear instructions can avoid confusion, disputes, or unnecessary loss.

When you carry out estate planning, it is important to consider not just physical possessions but also your digital footprint. Seeking professional legal advice can help you ensure that your wishes are properly documented, and your digital assets are managed with care.

Notice – Disruption to the phone lines

On Tuesday the 7th October 2025 callers to the Firm may find there is some disruption to the phone lines due to the installation of a new phoneline system. We expect there may be a short period of outage and should you be unable to connect to the Firm through the phoneline we would suggest that you either try to phone later in the day or please feel free to email us as fee earners will have access to their mobile phone.

Freehold vs Leasehold: Understanding the Difference

When buying a home in England, one of the first things you will come across is whether the property is being sold as freehold or leasehold. These terms describe the type of ownership you are acquiring and carry significant differences for homeowners.

What is Freehold?

If you purchase a freehold property, you own both the building and the land it stands on outright. Your ownership is not limited by time, and you are responsible for the upkeep of the property and the land.

Freehold is generally considered the most straightforward form of ownership, as there is no landlord or ground rent to pay. Most houses in England are sold as freehold, although there are exceptions.

What is Leasehold?

A leasehold property means you own the right to live in the property for a fixed number of years, decades, or even centuries (leases are commonly granted for 99, 125, or 999 years). The land itself remains owned by the freeholder or landlord.

As a leaseholder, you may be required to pay:

• Ground rent (though reforms are phasing out new ground rents for most residential leases),
• Service charges and maintenance fees for shared spaces such as hallways, gardens, or lifts,
• Contributions to major works like roof repairs or external decoration.

Flats are almost always sold as leasehold because of the shared nature of the building. Some houses were historically sold as leasehold, but this practice has been widely criticised and since 2019 most new-build houses cannot legally be sold on a leasehold basis (with limited exceptions).

Key Differences Between Freehold and Leasehold

The distinction between freehold and leasehold can have long-term implications for property owners.

• Ownership: Freehold gives you permanent ownership of the land and property. Leasehold grants ownership for a fixed term only.
• Costs: Leaseholders may face ongoing costs such as ground rent, service charges, and fees for extending their lease. Freeholders are responsible for the entire cost of maintaining the property.
• Control: Freeholders have complete control over their property (subject to planning laws). Leaseholders may also require permission from the freeholder for alterations.
• Expiry: Leasehold ownership reduces in value as the lease term shortens. Extending a lease can be expensive, particularly if the remaining term is less than 80 years.

Recent Reforms

The law relating to leasehold is evolving. The Leasehold Reform (Ground Rent) Act 2022 abolished ground rent for most new residential long leases. Existing leaseholders may still have to pay ground rent unless they extend or vary their lease. The Leasehold and Freehold Reform Act 2024 (not yet fully in force) is expected to make it easier and cheaper to extend leases (standardising them to 990 years and abolishing marriage value) or buy the freehold, as well as increasing service charge transparency

Which is Better?

Buyers often prefer freehold because it avoids ongoing costs and restrictions. However, leasehold is common with flats and may be the only available option in some areas. The “better” choice depends on your circumstances, and, in the case of a lease, its terms and how long is left on it. Different rules apply in Scotland and Northern Ireland, where leasehold ownership is uncommon or has been abolished.

Final Thoughts

Whether you are considering a freehold or leasehold property, it is essential to understand the implications of each before committing to a purchase. A solicitor can explain your rights and responsibilities, help you review the terms of a lease, and advise on any risks.

DIY Probate in England – Understanding the Risks

When someone dies, their estate (property, money and possessions) usually needs to be administered through a legal process known as probate. In England and Wales, probate is the procedure by which the deceased’s will is proven in court and the executors are given authority to distribute the estate. If there is no will, a similar process applies through “letters of administration”.

Although many people instruct solicitors to deal with probate, individuals can apply directly through the courts. This is often referred to as “DIY probate”. While it may seem like a way to save costs, there are several risks that anyone considering this route should be aware of.

What is Probate?

Probate is the official confirmation that a will is valid and that the named executors can deal with the estate. Without a grant of probate (or letters of administration if there is no will), banks, building societies and other institutions will not usually release funds or transfer property.

The law governing probate primarily comes from the Non-Contentious Probate Rules 1987 and the Administration of Estates Act 1925. Applications are made to the HMCTS Probate Service (online in most cases, or by post where required). If the estate is worth over £5,000, the HMCTS application fee is £300; there’s no fee at £5,000 or less.

Why Some People Attempt DIY Probate

There are two main reasons people try to handle probate themselves:

• Cost – those attempting DIY probate seek to avoid paying professional fees.
• Simplicity – In straightforward estates, some executors believe they can manage the process without professional support.

However, even apparently simple estates can have hidden complications.

The Risks of DIY Probate

1. Misunderstanding Inheritance Tax

Executors are personally liable for ensuring inheritance tax (IHT) is calculated and paid correctly. Mistakes can result in penalties and interest being charged by HMRC. Complex rules apply, including allowances, reliefs, and exemptions.

2. Misinterpreting the Will

Legal terminology in wills is not always straightforward. Executors may misunderstand the provisions, leading to incorrect distribution of assets or disputes among beneficiaries.

3. Failing to Identify All Assets and Debts

Executors must ensure that all assets are collected, and all debts are paid before distributing the estate. Overlooking debts or paying beneficiaries too early can make an executor personally liable.

4. Problems with Property

Where the estate includes property, there can be complications such as mortgages, jointly owned property, or an unclear title. These issues often require legal expertise to resolve.

5. Disputes Between Beneficiaries

DIY probate can increase the risk of disputes if beneficiaries feel the estate is being mishandled. Executors can be taken to court for breach of duty.

6. Executor’s Personal Liability

Executors carry significant personal responsibilities. Errors in tax, distribution or administration can result in financial liability, even if the mistakes were unintentional.

When DIY Probate May Be Less Risky

DIY probate might be manageable where:

• The estate is small, and all cash balances are under each institution’s probate threshold (check with each bank/building society)
• There is no property.
• There are a few beneficiaries, all of whom agree on the process.
• There are no tax liabilities or foreign assets.

Even in these cases, care should be taken to follow official guidance.

Balancing Cost and Risk

While solicitors’ fees can seem significant, they can save time, reduce stress and protect executors from costly mistakes. A solicitor can also deal with HMRC and the Probate Registry on your behalf and ensure that the estate is administered in accordance with the law.

Final Thoughts

Probate is a necessary legal process that should not be taken lightly. DIY probate is possible, but the risks can outweigh the savings if the estate is anything other than very simple. Executors should think carefully about whether they have the time, knowledge, and confidence to handle the process themselves.

If you are facing probate, it is always advisable to seek independent legal advice to ensure that the estate is dealt with correctly and to protect yourself from personal liability.

Are you worried about your assets being used for care fees in the future?

Over recent years, fees for care have increased significantly making each person worry about how their assets will be used to pay for their care in the future.

Currently, the average weekly cost of a residential care home is £900 per week. This could mean spending around £47,000 per year just on care fees!

With the majority of people working until the retirement age of 66, it is becoming increasingly more important to protect the assets you have worked hard for from being dwindled away in care fees as you get older. Due to the rising cost of care fees, you can expect your assets to quickly depreciate leaving you with a fraction of what you have accumulated during your working life.

If your property is your biggest asset, you should consider protecting this from being used for care fees in the future. However, it is important to appreciate that if you do need care, it will need to be paid for. Each year, the council has less money than needed to provide for the local area and therefore the money used on care is slowly reducing over time. Having some capital behind you means that you will be able to choose where you are looked after.

Is there a way we can protect our Property from Care Fees?

Yes. At Oxley and Coward, we have a wealth of experience in advising our clients on the best way to protect their property for the future. This often includes a ‘Property Protection Trust’ which we would include within your Will. This is also recommended if you have previously been married as a protection from sideways disinheritance. Keep an eye out for our next blog about this!

What is a ‘Property Protection Trust’ and how does it work?

A property protection trust is a type of trust included within a couple’s Wills to protect a share of your property from being used for care fees in the future. The trust ensures that when the first of you passes away, your share of the property is ringfenced within the trust in the event the survivor goes into care later in life. This ensures your chosen beneficiaries will always benefit from at least half the value of your property, even if you went into care.  The survivor will still own their half which can be used to fund their own care, if necessary.

Does this affect how you live in the property?

No. An amendment may be necessary within your title deeds to change the way you own the property to ‘tenants in common’ rather than ‘joint tenants’. This ensures that your respective share of the property can be placed within the trust on your death and not automatically be transferred to the survivor. However, this does not affect the day to day running of the property and you will not notice a difference while you are alive. You are still able to move properties and downsize if you wish, the trust will just follow any respective properties you owned.

What happens if I don’t do this?

If you wish to discuss the protection of your property further or would like any further advice, please contact our office to arrange a free appointment with one of our legal advisors who would be happy to help.

How to Adopt a Child in the UK: A Step-by-Step Guide for Prospective Parents

Adoption is a life-changing decision — one that brings lasting rewards for both children and adoptive families. In the UK, the adoption process is designed to ensure that children are placed in safe, loving homes that meet their long-term needs. Whether you’re starting to explore the idea or ready to take your first step, this guide explains how the process works and what to expect along the way.

What is Adoption?

Adoption is a legal process that permanently transfers parental responsibility from a child’s birth parents to their adoptive parents. Once an Adoption Order is made, the child becomes a full legal member of the adoptive family, with the same rights as a birth child.

Who Can Adopt?

You can apply to adopt a child in the UK if you are:

• Over 21 years old;
• A UK resident, or domiciled in the UK, Channel Islands or Isle of Man. You must be habitually resident in the UK for at least 12 months before applying for an Adoption Order.

You can adopt regardless of whether you’re single, married, in a civil partnership, cohabiting, or part of the LGBTQ+ community. You don’t need to own your home or be wealthy. What matters most is your ability to provide a stable, nurturing environment.

The Adoption Process: An Overview

Adoption in the UK typically follows a structured two-stage process, which usually takes around six months from initial enquiry to approval. Here’s how it works:

1. Initial Enquiry

Your journey begins by contacting a registered adoption agency. This could be your local authority or a voluntary adoption agency such as Barnardo’s or Adoption UK. They’ll provide basic information and help you understand what’s involved.

2. Initial Assessment / Registration of Interest

If you decide to proceed, you’ll submit a formal Registration of Interest form. The agency will carry out initial checks, including:

• A Disclosure and Barring Service (DBS) check
• References from friends and family
• A medical assessment by your GP
• A home visit and interview

3. Stage One – Preparation and Training

This stage usually lasts around two months. You’ll attend training sessions, complete preparation work, and begin compiling your personal portfolio. The agency will assess your lifestyle, background, support network, and motivations for adopting.

4. Stage Two – Full Assessment

Lasting around four months, this is a more in-depth look at your suitability to adopt. A social worker will work with you to compile a Prospective Adopter’s Report (PAR), which includes detailed information about your life and what you can offer a child.

5. Adoption Panel and Approval

Once the assessment is complete, the report goes to an independent Adoption Panel. They’ll review your application and make a recommendation to the agency’s decision-maker, who then confirms your approval as an adopter.

6. Matching with a Child

Once approved, the agency will help find a child or children whose needs align with your strengths as a family. You’ll be given complete background information before meeting the child, followed by a period of introductions.

7. Placement and Legal Adoption

After a successful match, the child will move in with you under a placement arrangement. After a few months, you can apply to the court for an Adoption Order, which gives you full legal parental responsibility. Some families may also explore fostering for adoption, where children are placed early with approved adopters under temporary fostering arrangements while court decisions are pending.

Post-Adoption Support

Support doesn’t stop once the child moves in. Local authorities and voluntary agencies offer a range of post-adoption services, including:

• Counselling and therapeutic support
• Support groups for adoptive families
• Advice on parenting and education
• Financial support in some cases

Final Thoughts

Adoption is a carefully managed process that puts the needs of children first. It requires commitment, patience, and openness — but for many families, it becomes one of the most rewarding journeys of their lives. If you’re considering adoption, reaching out to a local agency is the best place to start.

Want to Learn More?

For further information or to start your adoption journey, you can visit:

• GOV.UK – Child adoption
• First4Adoption
• Barnardo’s Adoption
• Adoption UK

Unfair Dismissal – Understanding Your Rights and Responsibilities

Being dismissed from a job is never easy, but it can be especially distressing if you believe the decision was unjust. In the UK, employment law provides protection to ensure dismissals are carried out fairly and for valid reasons. This protection is known as unfair dismissal.

Unfair dismissal occurs when an employer terminates an employee’s contract without a fair reason or fails to follow a proper process. It’s not just about why someone is dismissed, it’s also about how the decision is made. Both the reason and the method must meet legal standards.

What makes a dismissal unfair?

Several key elements determine whether a dismissal is unfair.

1. Lack of a fair reason

Employers must have a genuine and legally recognised reason to dismiss an employee. These include:

• Misconduct (e.g. theft, repeated lateness, assaulting or abusing other employees)
• Poor performance or lack of capability
• Redundancy (e.g. the position you hold is no longer required by the business)
• Statutory restrictions (e.g. loss of licence or regulatory approval required for the job)
• Some other substantial reason (e.g. company restructuring)

These five reasons are the only potentially fair categories under UK law, but their interpretation by tribunals can be broad. If no valid reason is given, the dismissal may be challenged as being unfair.

2. Failure to follow a fair procedure

Even when a fair reason exists, the employer must follow a proper process. This includes investigating the issue, providing warnings or improvement opportunities where appropriate, holding a formal meeting, and giving the employee a chance to respond. The ACAS Code of Practice on Disciplinary and Grievance Procedures offers guidance on how this should be done.

3. Automatically unfair reasons

Some reasons for dismissal are always unfair, regardless of how long the employee has worked or the procedures followed. These include being dismissed for:

• Being pregnant or on maternity leave
• Requesting flexible working
• Whistleblowing (reporting wrongdoing)
• Participating in official industrial action
• Asserting a statutory right (such as the right to minimum wage or holiday pay)

In such cases, an employee doesn’t need any qualifying period to bring a claim.

4. The qualifying period

Currently, for most claims of unfair dismissal, employees must have been continuously employed by their employer for at least two years. However, this requirement doesn’t apply in cases of automatic unfair dismissal or discrimination.

What might count as unfair dismissal?

Some common examples include:

• Terminating an employee’s contract for raising health and safety concerns
• Dismissing someone due to pregnancy or maternity leave
• Letting an employee go because they took part in lawful industrial action
• Failing to follow a proper disciplinary process before dismissal for performance issues

These situations can give rise to a claim at an Employment Tribunal.

Constructive dismissal

Constructive dismissal may be considered a form of unfair dismissal. Constructive dismissal occurs when an employee feels forced to resign because their employer has seriously breached the terms of their employment contract. This could involve a single serious incident or a pattern of behaviour that makes the working environment intolerable. Common examples include not being paid, being bullied or harassed, or having duties changed without consultation. The employee must resign soon after the breach and clearly state that this is the reason for their departure.

What happens if a dismissal appears to be unfair?

If an employee believes they have been unfairly dismissed, they can make a claim to an Employment Tribunal. Before doing so, they must first undergo Early Conciliation with ACAS, which provides an opportunity to resolve the matter without going to court.

If the tribunal finds in the employee’s favour, it may:

• Order reinstatement (return to the job)
• Order re-engagement (a similar role)
• Award compensation (based on factors like loss of earnings)

The maximum compensation is typically capped, although there are exceptions for whistleblowing or dismissals related to discrimination or other protected grounds. More guidance can be found on the GOV.UK website.

Why it matters

The law governing unfair dismissal helps ensure that people are not dismissed arbitrarily or without the proper procedures being followed. For employers, it serves as a reminder to follow clear and lawful procedures. For employees, it provides a route to challenge decisions that feel unjust.

If you’re facing dismissal—or considering dismissing a staff member—it’s essential to seek professional advice before taking any action. The cost of getting it wrong can be high, both financially and in terms of reputation.

When the summer break leads to breaking point

New guidance highlights the risks of covert recordings as family pressures peak and more couples turn to divorce during school holidays

With the school holidays around the corner, family solicitors often brace themselves for a seasonal spike in divorce enquiries.

It’s a well-established pattern: for couples whose relationship is already under strain, as disrupted routines over summer can push things to breaking point through the demands of extra childcare and cost-of-living pressures combined with more time spent together. But while separation can be emotionally fraught, recent changes to divorce law in England and Wales are helping couples to navigate this life stage more constructively. Since the introduction of the Divorce, Dissolution and Separation Act 2020, couples no longer need to assign blame to end their marriage.

That’s because the law now allows for no-fault divorce, meaning there’s no longer any requirement to prove wrongdoing, such as adultery or unreasonable behaviour, or to wait for a prolonged separation. Instead, one or both parties can apply for divorce with a simple statement that the marriage has irretrievably broken down. This change has removed much of the tension from the process and created a more neutral framework for discussion, particularly where children are involved.

“It’s a significant step forward,” said Liam Gray, a family law expert at Rotherham-based Firm Oxley & Coward Solicitors LLP.  “Divorce is already a challenging time. The previous system encouraged a blame game, which could inflame conflict unnecessarily. Now, we can help couples focus on finding solutions, especially where child arrangements or financial matters need to be resolved.”

But even in a no-fault environment, tensions can still run high – and one area that’s come under the spotlight is the use of covert recordings in family proceedings.

New guidance published by the Family Justice Council warns against secretly recording ex-partners or children as part of a custody dispute. While such recordings may be well-intentioned, the courts are cautious about privacy violations and the potential for recordings to mislead or cause emotional harm.

“Covert recordings often backfire,” added Liam Gray. “They can undermine trust, damage your case, and even amount to harassment. If you have concerns, raise them through your mediator or lawyer for them to explore, not through a hidden smartphone mic.”

Instead, experts recommend a focus on clarity, openness and child-centred solutions which professionals believe is more achievable under the reformed divorce framework.

“Whether the decision to divorce comes in the wake of a difficult summer or has been building for some time, early advice can make all the difference. With the right support, it’s possible to move on in a way that minimises conflict and protects everyone involved, especially children.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Oxley & Coward to Exhibit at the Chamber Means Business Expo 2025

Oxley and Coward Solicitors LLP  is delighted to announce that we’ll be exhibiting at the upcoming Chamber Means Business 2025 Exhibition. Chamber Means Business will once again take place at the RUFC New York Stadium in Rotherham on Thursday, 18th September 2025.

Oxley and Coward will be at stand 25 and our team will be on hand to guide you through the services and products we’ll be showcasing on the day.

Hosted by Barnsley & Rotherham Chamber of Commerce, the expo brings together businesses throughout the wider South Yorkshire area to network, showcase their products and services, and crucially make those important business connections.

The event represents one of the largest gatherings of businesses in the Barnsley and Rotherham region. We’ll be joined by over 70 businesses exhibiting at the sold-out event with hundreds of visitors and delegates expected on the day.

Carrie Sudbury, Chief Executive of Barnsley & Rotherham Chamber said, “As someone deeply passionate about business growth and community connections within Barnsley and Rotherham, I couldn’t be more thrilled for the return of the Chamber Means Business Expo 2025.”

“It’s not just an event; it’s a showcase of the business community of Barnsley, Rotherham and South Yorkshire. This is your chance to make those new meaningful connections, spark exciting partnerships, and see what is in store from our region’s leading businesses.

“I hope you will join me at the AESSEAL New York Stadium on September 18th for a fantastic day of networking.”

Chamber Means Business is a free-to-attend event for all visitors regardless of any affiliation to the Chamber. So, we would encourage all our customers, suppliers, and clients to join us on the day and make the most of the opportunity to talk to our team face-to-face and discover what we can do for your business.

We can’t wait to see you there, so come visit us at stand 25!

Register for FREE at www.chambermeansbusiness.co.uk

Family Court Hearings – What Are These and When Do They Apply?

When relationships break down, it’s not always possible to sort everything out between yourselves, especially regarding children or finances. In situations like this, the family courts in England and Wales provide a structured way to resolve disputes fairly and with the child’s welfare at the centre of everything. But what exactly are family court hearings, what do they deal with, and when might you find yourself involved in one? Let’s take a closer look.

What Do Family Court Hearings Cover?

Family court hearings address a range of issues, broadly split into two categories: private law matters and public law matters.

Private Law Matters

Private law matters usually arise when individuals — often parents — can’t agree between themselves.

• Child Arrangements: One of the most common reasons for attending family court is to determine where a child will live and how much time they’ll spend with each parent. These cases often arise after separation or divorce and can also cover contact arrangements with wider family members, such as grandparents.
• Financial Issues: Divorce and separation don’t just affect family life — they also involve working out how to divide finances, property, and debts. When couples can’t agree on how to split everything, the court can step in and make a legally binding decision.
• Other Family Disputes: Not all family court matters involve parents. Sometimes other family members, like grandparents or guardians, seek permission to be involved in a child’s life, and a court hearing may be necessary.

Public Law Matters

Public law cases differ because they involve a local authority stepping in to protect a child’s welfare.

• Local Authority Intervention: If social services are worried about a child’s safety, perhaps because of concerns around neglect, abuse, or domestic violence, they can apply to the court to take action.
• Care Orders: A care order places a child under the local authority’s care, either temporarily or permanently, if it’s deemed that they cannot safely remain at home.
• Emergency Protection Orders: When a child needs immediate protection, the court can issue an Emergency Protection Order to remove the child from a dangerous situation quickly.

In all these cases, the court’s primary aim is to ensure the best outcome for the child, even if that means making difficult decisions.

When Do Family Court Hearings Apply?

Family court hearings are generally a last resort, used when there’s no other way to resolve issues. They might apply:

• After an application is made: Someone must formally apply to the court for a specific order, whether that’s a parent, another family member, or a local authority.
• When agreements cannot be reached: Many families are encouraged to use mediation first to avoid the stress and expense of court proceedings. However, a hearing may be necessary if discussions break down or fail altogether.
• When a child’s welfare is at risk: If there are serious concerns about a child’s safety, for example, fears of abuse or neglect, a court hearing can be urgently arranged to make protective decisions.
• Following the First Hearing Dispute Resolution Appointment (FHDRA): After an application is filed, the court often arranges an FHDRA to help parties identify the key issues and, ideally, reach an agreement without a full trial.
• After fact-finding hearings: In complex cases, particularly where there are serious allegations (such as domestic violence), a fact-finding hearing may be held to determine what happened before decisions are made about the child’s future.
• At final hearings: If no agreement can be reached earlier, the case goes to a final hearing, where both sides present their evidence and arguments, and the judge makes a binding decision.

Key Terms You Might Encounter

Understanding some of the standard legal terms can help make the process feel less overwhelming:

• First Hearing Dispute Resolution Appointment (FHDRA): This is a preliminary hearing designed to explore whether an agreement is possible and identify what issues remain.
• Fact-Finding Hearing: A hearing focused solely on establishing key facts, particularly when serious allegations have been made.
• Final Hearing: This is the last stage of court proceedings, during which a judge hears evidence and makes a final decision.
• Child Arrangements Order: A court order deciding who a child will live with, spend time with, or otherwise have contact with.
• Prohibited Steps Order: An order preventing a parent from carrying out specific actions concerning a child, such as taking the child abroad without the other parent’s permission.
• Emergency Protection Order: An urgent order to protect a child from immediate harm.
• Supervision Order: A less intrusive order where a child stays with their family, but the local authority supervises their welfare.
• Care Order: An order placing a child under the long-term care of the local authority, often after serious concerns about their well-being.
• Cafcass: The Children and Family Court Advisory and Support Service – a key organisation that advises the court on what arrangements would be in the child’s best interests. Cafcass officers often meet with parents and children during the court process.

Final Thoughts

While family court hearings can feel daunting, they exist to ensure that the best and fairest decisions are made when it’s not possible to agree privately. Whether it’s about making safe and suitable arrangements for children or working through financial disputes, the court aims to support families in difficult times, always keeping the child’s welfare at the heart of every decision.

Need Advice About a Family Court Hearing?

If you’re facing a family court hearing or need advice on your situation, having the right support is essential. Contact your solicitor today to find out how we can assist you.

Risky routes to parenthood as UK surrogacy reforms stall

Nollywood drama Baby Farm is proving a hit on Netflix, sitting among the UK’s top ten most-watched programmes. Its dark portrayal of coercive surrogacy arrangements on unsuspecting young Nigerian women may be fictional, but the risks it highlights are far from fantasy for real-life couples pursuing parenthood through overseas surrogacy.

Once the preserve of international celebrities like reality star Kim Kardashian, footballer Cristiano Ronaldo and Emily in Paris actress Lily Collins, surrogacy has become a growing route to parenthood for many in the UK.  And while this is now a far more common path for couples facing fertility issues, same-sex partners, and solo parents, legal protections have not kept pace, especially when the surrogacy arrangement takes place overseas.

And with long-awaited government reforms to UK surrogacy law now firmly on the back burner, experts are warning of the risks for would-be parents pursuing overseas arrangements and urging early advice to avoid heartbreak and legal confusion.

Commercial surrogacy remains banned in the UK and British law recognises the birth mother as the child’s legal parent, making the legal situation fraught with difficulty, especially in international cases.

Even if the intended parents are biologically related to the child, they must apply to the family court for a parental order after birth, transferring legal parenthood from the surrogate. The process can be complex and in overseas cases risks around citizenship, immigration status, and differing legal interpretations can significantly complicate matters.

The Department of Health warns prospective parents about the risks of international surrogacy – including legal, ethical and health complications – but prospective parents are flying in the face of the guidance, which has no binding force. As a result, family courts are seeing rising numbers of such cases, and legal commentators suggest that growing backlogs could make outcomes even slower and more uncertain.

The number of British couples making overseas surrogacy-related parental order applications doubled from around 150 to more than 300 per year between 2018 and 2024.  The highest numbers involved surrogates in the USA with other countries regularly featuring including Ukraine, Georgia, and nations across Africa and South America.

“This is an area where emotions run high, but the law moves slowly,” said Miss Millie McConnell, a specialist in family law at Oxley & Coward Solicitors LLP. “The current legislation was drafted 40 years ago and predates modern family structures and global surrogacy markets.  Without legal clarity from the outset, parents can find themselves in distressing limbo, unable to bring a child home or assert their legal rights.”

The current legal framework prohibits lawyers from advising on or assisting with the creation of surrogacy agreements as they are not legally enforceable in the UK, but solicitors can offer legal advice regarding the application for a parental order, which is necessary to transfer legal parenthood.  The Law Commission of England and Wales completed a three-year review in 2023 and published a draft bill proposing wide-ranging reform, including a new pathway that would allow intended parents to become legal parents at birth. But ministers recently confirmed the bill would not progress in the current parliamentary session.

Campaigners and judges alike are warning of the dangers in not tackling this legislative update.  A recent High Court case saw two British women in their 60s criticised for arranging commercial surrogacy using donor embryos, raising concerns about exploitation and child welfare. While the parental order was granted, the judge expressed concerns that the two Ukrainian women used as surrogates were “being exploited for commercial gain”.

Sir Andrew McFarlane, President of the Family Division, condemned the “self-centred” approach in this and similar cases, saying it risked reducing surrogates to a commercial commodity and children to a “product”.

In another recent High Court case, the intended parents separated before applying for a parental order, leading the judge, Mrs Justice Theis, to criticise the couple for taking “risks to pursue their own wish to have a child rather than confront the harsh reality of what they were doing and the consequences”.

Millie McConnell added: “For some, surrogacy may seem the only way to build a family, but it’s not a decision to make lightly.  Before going abroad or entering into any arrangement, you should get detailed legal advice, not just on the surrogacy process, but on immigration, parental rights and the welfare of the child.

“Until the law catches up, it’s up to individuals to proceed with caution — and to remember that the child’s best interests should be at the heart of every decision.”

Surrogacy Arrangements Act 1985

Human Fertilisation and Embryology Act 2008

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Why good sense may make for better neighbours than good fences  

The well-worn saying “good fences make good neighbours” is often trotted out during boundary disputes, to reinforce the value of clear dividing lines between properties.  But when Robert Frost popularised the saying in his poem Mending Wall, he was challenging this instinct for barriers – suggesting they can create division where none is needed.

And that’s a useful reminder in boundary disputes, where it’s often one neighbour’s rigid view of where the dividing line should be that sets things off. When tensions rise, a measured approach – rather than digging in, literally or legally – can make all the difference.

Whether it’s a hedge, a fence or a garden path at the centre of the row, legal proceedings can quickly escalate. Not only are boundary disputes notoriously complex to resolve, but they can sour neighbourly relations and lead to significant costs. The courts have emphasised that when it comes to defending your patch, staying calm and knowing when to step back could be the best approach.

Two recent cases fought all the way to the highest courts have highlighted the challenges around long-term use of land when it leads to a dispute over rightful ownership.

In the latest decision, the Supreme Court clarified how the law should apply when the legal boundary has shifted from its original position. The case concerned a modest strip of land, just 1.4 metres at its widest point, yet the legal battle was fought across three different courts before final resolution.

A previous owner had put up a fence and planted a hedge along what he understood to be the boundary between the two properties.  This included a small strip of land belonging to next door, but the error was left unchallenged until almost two decades later, by which time the subsequent owner had built an extension with a footprint that included the small patch of ground.

In situations where someone occupies land without permission, they may be able to claim adverse possession and apply to the Land Registry to be registered as the legal owner. Under the Land Registration Act 2002, this is possible after ten years of possession, where the occupier reasonably believes they own the land.

The central issue in this case was whether that ten-year period of belief had to be the ten years immediately before the application – or whether it could be any ten-year period during the time the land was possessed. The Supreme Court confirmed that it did not need to be the most recent ten years, opening the door for more successful claims where the belief in ownership changed over time.

Meanwhile, another long-running case saw court costs hit £300,000 by the time the case was heard in the Court of Appeal.  Again, the case involved a narrow strip of land – this time a small stream which ran between the properties, and which was fenced in by a new homeowner after they moved in.

Long-standing neighbours argued they were entitled to register the stream as their own because they had used it without challenge for a significant period before the new homeowner arrived and while the lower courts ruled against them, they were successful on appeal.  The Court of Appeal’s decision found that even though the land had not been formally claimed, squatters’ rights had been established long before the property title was first registered in 2003 after the Land Registration Act 2002 came into force.

“These cases proved a costly reminder that property deeds are not always conclusive proof of the extent of ownership, because long term possession may affect those rights,” said Miss Amy Cusworth, dispute resolution specialist at Rotherham-based Firm, Oxley & Coward Solicitors LLP.

They added: “When disputes arise, it’s vital to seek early legal advice and to consider alternative dispute resolution methods, such as mediation. Tempers often run high in boundary cases, but aggressive tactics rarely pay off and can make things worse.

“While mediation may not suit every situation, it’s often quicker, cheaper and less damaging than going to court, particularly when you’ll be seeing your neighbour over the garden fence for years to come.”

As for prevention, a thorough review of property deeds, title plans and boundaries – particularly when buying or selling a property – can reduce the risk of dispute later. For those with shared access or unclear boundary features, a formal agreement or updated Land Registry plan can also be a wise investment.

“Once you’re in a legal battle over your borders, even the narrowest sliver of land can come at a high price,” added Miss Amy Cusworth: “It’s also worth remembering that any dispute with a neighbour, including over boundaries, must be declared when selling a property.  Failing to do so could lead to legal action from a buyer later down the line, so even if tensions ease, any dispute can have lasting implications.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Make time for time off

Why employers should keep an eye on unused holiday

With summer in full swing, now’s the perfect time for employers to take stock – not just of who’s on holiday, but of who isn’t.

Despite the sunshine, many employees are staying chained to their desks. According to research by HR professionals, just 35% of UK workers had used their full holiday entitlement last year, and 17% left more than five days unused at year-end. While business continuity may seem secure for now, the long-term risks of holiday hoarding can impact employee wellbeing, productivity and legal compliance.

Whether it’s staff shortages, unspoken expectations, or a fear of falling behind, these barriers are keeping employees from taking the rest they’re entitled to. And with 57% of workers admitting to logging in while away, time off isn’t always time out.

And while the proposed legal right for workers to “switch off” from work was dropped from the Employment Rights Bill currently going through Parliament, the issue hasn’t disappeared altogether. The government has confirmed it will be revisited through a new statutory Code of Practice in a move that suggests formal expectations around out-of-hours contact, and uninterrupted leave could still be on the horizon for employers.

“Employers should be proactive in encouraging their teams to take leave throughout the year,” explained employment law expert  Miss Amy Cusworth of Rotherham town solicitors Oxley & Coward Solicitors LLP. “Not only does this help avoid a year-end holiday backlog, it also protects against the legal and wellbeing risks associated with burnout and chronic overwork.”

Under the Working Time Regulations 1998, most workers are entitled to 5.6 weeks of paid holiday each year, equivalent to 28 days for a full-time, five-day-per-week employee. This includes bank holidays, unless employers choose to offer them on top.

Crucially, statutory leave is a “use it or lose it” entitlement. It can only be carried forward in limited situations, such as when a worker has been unable to take leave due to long-term sickness or statutory leave, such as maternity leave. Otherwise, any untaken leave may be lost at the end of the holiday year unless an employer has agreed to allow additional carryover in a written contract or policy.

That’s why it’s vital to maintain clear and up-to-date holiday policies. Employers should ensure workers understand how much holiday they’re entitled to, when it can be taken, and what happens if it isn’t.

Beyond the legal duty, promoting regular breaks is also good business. Studies show rested staff are more motivated, less likely to take sick leave, and better equipped to deal with pressure and workload.

“Creating a culture where time off is expected — not discouraged — starts from the top,” added Miss Amy Cusworth. “Make it easy to book, make it clear it’s encouraged, and make sure people genuinely switch off when they go.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Diversity Survey 2025 Report

Diversity Survey 2025 Report

Cohabiting couples face legal blind spots as reform drags on

With cohabiting couples now the fastest-growing family type in the UK, many believe they have similar legal protections to married couples – especially after long relationships or where there are children involved. But the reality can come as a shock when those relationships end.

Despite ongoing pressure from legal and policy bodies, meaningful reform still lags behind. In the meantime, the risks for cohabiting couples remain high, particularly with the persistent myth of the ‘common law marriage’.

Explained Liam Gray, a family law specialist at Oxley & Coward Solicitors LLP, based in Rotherham: “There is no such thing in England and Wales and couples who live together without marrying or entering a civil partnership need to be aware they do not have the same legal rights or financial claims.

“That means if a cohabiting couple separates, whether they share children or not, there is no automatic right to the protections that marriage brings – such as maintenance, a share of property, pensions or other assets – regardless of how long a couple have been together.”

The number of cohabiting couples has more than doubled over the past 25 years and now exceeds 3.5 million households according to the latest figures from the Office for National Statistics, but the law has not kept pace with societal change.  While the Law Commission has long advocated for reform to introduce basic financial protections for cohabiting couples who have children or have lived together for a significant period, successive governments have failed to legislate.

In 2022, the Women and Equalities Committee called for urgent action to address the lack of legal protection, and the Labour Party has expressed support for cohabitation reform, but no clear timeline has been set beyond saying a formal consultation will be issued this year ‘to build public consensus on what cohabitation reform should look like’.

“It’s a persistent legal blind spot,” added Liam Gray.  “Cohabiting couples often build long, committed lives together – even raising children or buying homes – but have no automatic legal safety net if things go wrong. Until reforms catch up, couples should get advice early to avoid the risk of unfair outcomes if the worst happens and relationships breakdown.

“For now, the safest approach for cohabiting couples is to act as though there will be no legal safety net – and put the necessary agreements in place. That way, if the worst happens, the outcome doesn’t depend on a legal system still catching up with modern family life.”

Until legal reform happens, the best protection is preparation. Legal experts recommend a few key steps:

• Create a cohabitation agreement: This sets out how property, finances and responsibilities will be handled during the relationship and in the event it ends.
• Sign a declaration of trust: Where a property is jointly owned, this clarifies who owns what share.
• Make a will: Cohabiting partners do not automatically inherit under intestacy laws.
• Consider parental rights: Unmarried fathers are only automatically granted parental responsibility if named on the birth certificate. Legal advice can help clarify child arrangements and support.

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Neuroinclusion in the workplace

With a varied workforce, businesses in the UK need to provide inclusive policies and practices. One key area that must be addressed is neuroinclusion. Neuroinclusion in the workplace is the practice of supporting and valuing employees with different learning, thinking and processing styles. These are sometimes called neurodivergent conditions and include autism, ADHD, dyslexia and other conditions.

Having policies and practices in place can benefit both the employees and the organisation. The aim is to create an environment where everyone can thrive.

What are the benefits of Neuroinclusion?

There are several benefits of neuroinclusion for the organisation:

Better problem solving

Different and diverse cognitive styles can help teams look at and solve complex and complicated problems differently. Some neurodivergent people see connections that others can’t, leading to more straightforward solutions to complex problems.

Enhanced innovation

Neurodivergent people can bring a different perspective to any problem or challenge, leading to more creative solutions.

Improved decision-making

Different perspectives can help clarify the decision-making process and lead to more informed decisions.

Increased productivity

Some teams containing neurodivergent people can be more productive than others. This may be because those neurodivergent employees are more focused and make fewer errors.

These are many benefits an organisation will likely experience when employing neurodivergent employees.

How can you create a neuroinclusive workplace?

Before employing neurodivergent employees, you must have policies to cater to their inclusion. There are five key areas you must address.

Manager Training

It is essential to ensure all managers understand how to support all employees, including those with neurodiversity. This involves educating managers on the benefits of engaging and working with neurodiverse employees and how best to integrate them into teams and the wider workforce.

Raise Awareness

Increase awareness amongst employees about neurodiversity and how it can benefit them, their teams and the organisation. This involves education and clarification of misconceptions employees may have about neurodiverse people. Ensure information is freely available to all employees and create an atmosphere of inclusivity.

Implement reasonable adjustments

Organisations must accommodate different learning styles and communications preferences when integrating neurodiverse employees into the workforce to ensure everyone benefits. Employers need to be open-minded about the ways their employees prefer to work.

Create a neurodivergent policy

Establish additional guidelines for supporting neurodivergent employees to ensure no discrimination in the workforce. Ensure the organisation’s commitment to neuroinclusion and any steps taken to create an inclusive environment.

Review Recruitment

Having put in place policies and practices to support employees, neurodivergent or not, ensure recruitment policies are clear. Any job descriptions and application processes must be inclusive and accessible.

Understanding and meeting the challenges of a neuroinclusive workplace

When organisations understand the benefits of engaging neurodivergent employees and meet the challenge of integrating them into a neuroinclusive workplace, they will have taken the first step to improving problem solving, decision-making and productivity.

An Oxford University Guide on “How to Create a Neuroinclusive Workplace” is a good place for organisations to begin their journey.

Sending the wrong signal

The hidden dangers of private messaging at work

By Miss Amy Cusworth,  lawyer with Oxley & Coward Solicitors LLP.

Explosion emojis. Decisions about military strikes taking place via a chat group. A journalist accidentally included in high-level war strategy planning. It sounds like a far-fetched plot for a political satire – but it was a real-world breach that unfolded with the kind of ease that should worry every organisation.

The now-infamous ‘Signalgate’ leak saw senior White House officials in the US using Signal, an encrypted messaging app, to discuss potential airstrikes in Yemen. The group chat had been set up by President Trump’s national security adviser Michael Waltz, who inadvertently invited a reporter to join, in a slip-up that has since been attributed to an ‘auto-suggest’ option from his iPhone.

In a cautionary tale of what can go wrong when direct messaging apps blur the lines between personal and professional use, Signalgate raises fundamental questions for any organisation about security, transparency, and confidentiality.

The problem isn’t limited to Signal. The UK’s COVID-19 Inquiry has revealed extensive use of WhatsApp among government ministers for day-to-day decision-making. It’s part of a broader shift in how we communicate — one that accelerated rapidly during the pandemic, when the need for quick, remote connection often trumped concerns about data security or governance.

Originally designed for private conversations, encrypted messaging platforms swiftly became embedded in everyday working life. The appeal is obvious: instant, informal, and always to hand.

But their use introduces a spectrum of risks — from data breaches and non-compliance to employee rights and serious reputational damage.

In many organisations, adoption of these tools was organic and even welcomed as a practical lifeline. Familiar platforms helped people stay connected through lockdowns,  but also ushered in a new informality in language and tone. One need only glance at the emojis exchanged during the Signalgate chats to see how quickly professional norms can shift.

The risks, however, are serious.

One is the difficulty of oversight as encrypted messaging is, by design, hard to monitor. Yet unchecked use can breach employment law, particularly if attempts to monitor private communications infringe employee rights. Conversely, failing to monitor conversations can create vulnerabilities, especially if inappropriate or offensive messages go unaddressed.

Transparency is another challenge. Whether in politics or business, key decisions made via unrecorded private channels may fall foul of legal and governance requirements. In the public sphere, this can mean breaching open records laws; in organisations, it undermines audit trails and accountability.

Data management must also comply with the Data Protection Act 2018 and General Data Protection Regulation (UK GDPR). The mishandling of sensitive information – even unintentionally – can attract hefty penalties and damage long-standing relationships if customer confidentiality is impacted. And while platforms like Signal are designed to protect user data, responsibility for compliance lies squarely with the organisation.

Security, too, is a concern and not just in hostile state espionage scenarios, as in the Signalgate case, where experts flagged the use of unsecured personal devices as the greatest vulnerability. Any business handling sensitive or client-related information must contend with the same risk: encrypted doesn’t mean infallible. Interception, device compromise and data leakage remain live threats with industrial espionage a real threat to many businesses.

Alongside direct messaging, use of private social media accounts may add a further layer of complexity. Even content shared behind privacy settings could find its way into the public domain, with potentially serious consequences for brand reputation and internal trust.

The ‘auto-suggest’ blamed by the White House is also a reminder of how much we are now working with embedded AI and predictive tools. Auto-suggest features, contact prompts, and auto-correct functions are designed for convenience, but they work on machine logic, not human context. When a platform decides who you “probably meant” to message, or how you “meant” to phrase a sentence, that shortcut can carry real consequences, especially in sensitive or high-stakes environments. The more seamlessly these tools integrate with our daily communication, the easier it becomes to overlook the fact that they’re making decisions on our behalf.

The Online Safety Act 2023 may also have implications. While designed to protect users online – particularly children – its provisions could impact encrypted messaging apps, potentially requiring access to private conversations to detect harmful content. This could raise further questions around organisational use of such tools and their data protection obligations.

The upshot? Organisations need to take a proactive, structured approach:

• Establish clear communication policies, specifying which channels are approved for business use and why.
• Offer secure alternatives for internal communication, rather than simply banning popular apps.
• Train all staff – including senior leaders – in the risks, rules, and expectations around messaging and data protection.
• Provide guidance on AI-powered tools, including how to disable automated features, particularly when dealing with sensitive communications.
• Implement hardware safeguards like mobile device management (MDM) systems to secure data on both personal and work devices.
• Conduct regular audits to ensure compliance and catch unauthorised use early.

It’s a fast-moving environment, and the breach at the highest level of the US administration shows how hard it is to keep tabs on everyone within an organisation,  especially when it may be the most senior people who think it’s ok to break the rules.

But by proactively addressing the use of encrypted messaging apps, organisations are on the road to safeguarding their reputation, ensuring legal compliance, and protecting sensitive data in an increasingly complex digital environment.

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Devil in the detail with new identity checks for directors 

Company directors are being urged to prepare for a major change, as Companies House introduces new identity checks for those setting up, running or owning UK businesses.

The new identity verification requirements, introduced under the Economic Crime and Corporate Transparency Act 2023, are being rolled out in stages and will soon become compulsory.  Companies are being advised to check their records are accurate and up to date ahead of the formal rollout, as mismatched information could prevent successful verification, leading to penalties and blocked filings.

Anyone who is a company director, person with significant control (PSC), or who files on behalf of a company will need to go through identity verification, either through the GOV.UK One Login or by using an Authorised Corporate Service Provider – a registered agent that must be supervised for anti-money laundering purposes, such as an accountant or solicitor.

“Companies should check that the personal details listed for each director and PSC are accurate,” said Miss Amy Cusworth, company & commercial solicitor at Firm Oxley & Coward Solicitors LLP. “If anything doesn’t match the ID document, you won’t be able to complete the verification process when it becomes mandatory.”

As well as providing the necessary ID documentation and answering knowledge-based security questions, personal details will be checked, including full name, any former names, residential address, including previous addresses if less than 12 months, date of birth, and a valid e-mail address not used by anyone else for verification.

The move is part of wider efforts to clamp down on fraud and improve transparency in the UK’s corporate landscape. In future, unverified individuals will not be allowed to make filings, and companies that fail to comply may face financial penalties or further enforcement action.

Miss Amy Cusworth added: “We don’t yet have a firm timeline for the new rules, but we expect compulsory identity checks will be in place by the autumn. When that happens, directors will have a limited window to comply.

“For government, this is a proactive step towards tackling economic crime, but for legitimate businesses it’s just good housekeeping. Getting your records in order now and verifying your identity voluntarily will help you stay compliant and avoid disruption ready for when it becomes a legal obligation.”

Company records can be checked and updated via the find and update company information service on the Companies House website. Some changes can be made online, but others — such as correcting incorporation errors — must be made using paper forms.

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Parole

Getting parole means you can leave prison or be released from custody before the end of your sentence. You’ll be kept under supervision, known as being ‘on licence’ or probation.

You may be released or transferred to an open prison (‘open conditions’).

There are different rules for young offenders. There are also different rules in Scotland and rules in Northern Ireland.

The government will apply for parole on your behalf – you do not have to do anything.

When you’re eligible for parole

When you’re eligible for parole depends on what type of sentence you have.

Life or indeterminate sentence

You’ll be contacted either:

• 3 years before your earliest release date (‘tariff’) runs out if you’re serving a sentence of 4 years or more
• at least 6 months before your tariff runs out if you’re serving a shorter sentence

Extended or fixed-term sentences

You’ll be contacted up to 6 months before your earliest release date if you have either:

• an extended sentence
• a fixed-term sentence of 4 years or more, given before 3 December 2012 for a serious violent or sexual crime committed before 4 April 2005

You’re not eligible for parole if your sentence is less than 4 years.

 What happens next

1. You’ll get an application form to fill in. Ask a friend for help if you need to. You can also use a legal advisor.
2. The prison will put together some documents. They’ll include what you’ve done in prison and what you plan to do on release.
3. Check that the documents are correct. You can add evidence (‘representations’) showing why you should be released.
4. The Parole Board will decide either that you cannot be released or that your case needs a Parole Board hearing. You may have to represent yourself if you cannot get legal aid or do not have a solicitor.

It usually takes 6 months to get a decision about your case and can take longer if you need a Parole Board hearing.

Your case will be reviewed again within 2 years if you do not get parole.

Please contact Oxley & Coward Solicitors LLP should you require assistance in relation to parole.

Financial considerations in divorce – who gets what?

According to the Law Commission, the current law does not “provide a cohesive framework in which parties to a divorce or dissolution can expect fair and sufficiently certain outcomes.” The reason for this is the wide-ranging discretion contained in the current law, which allows judges significant scope for interpreting the statutes.

Before examining the proposals in the review, this article will consider the current law governing financial considerations in divorce.

Current provisions for financial settlements in divorce

Financial settlements in divorce are based on the principle that there should be a fair division. The law establishing this is contained in the Matrimonial Causes Act 1973 (the “Act”). Whilst the provisions indicate that they should be fair, that does not mean there must be a 50/50 split.

Clause 25 of the Act introduces several matters to which the court must have regard when exercising its powers in relation to financial settlements. The court must consider:

• Each party’s income, earning capacity, property and other financial resources. The judge will consider each party’s resources now and for the foreseeable future.
• The financial needs, obligations and responsibilities of each party.
• The standard of living the family enjoyed during the marriage.
• The parties’ ages and how long they were married.
• Whether either party had a physical or mental disability.
• What contribution each party has made or is likely to make to the family’s welfare in the foreseeable future. This includes looking after the home or caring for the family.
• How each party has conducted themselves. This applies if the conduct is such that, in the court’s opinion, it would be inequitable to ignore it.
• The value of each party to any benefit they will lose due to the divorce.

Further provisions in relation to children

The court must consider the financial needs of children, not only those shared by the parties but also those who are not children of one of the parties.

In respect of children shared by the parties:

• The financial needs of the child.
• The child’s financial resources, including any income, earning capacity and property.
• If the child has a physical or mental disability.
• The child’s education: current and expected education requirements.
• Any of the considerations discussed above between the parties in so far as they relate to the child.

And, in respect of children who are not children of one of the parties:

• Whether the party who is not the natural parent assumed any responsibility, the basis on which that was done and what, if anything, they contributed to the child’s maintenance and how that contribution went on, and
• Whether they did that in the knowledge the child was not their own, and
• The liability of any other person to maintain that child.

When the court weighs these wide-ranging provisions, it might conclude that an unequal split of assets on divorce should favour one of the parties.

The Civil Partnership Act 2004 contains provisions that mirror those in the Matrimonial Causes Act 1973 and apply to the dissolution of a civil partnership.

The Law Commission and financial considerations in divorce

The Law Commission has conducted a detailed review of the law. It has concluded that “it is not possible for an individual going through a divorce to understand, by reading stature, how their case will be decided. The law lacks certainty and accessibility to an extent that could be argued is inconsistent with the rule of law.” In other words, the Law Commission believes this area of law badly needs remediation and consolidation.

On 18 December 2024, the Law Commission published a Scoping Report. This is a detailed report, and it discusses four possible models for reforming the law:

• Codify the existing law.
• Codify the law and provide statutory reform on discrete issues (for example, pre-nuptial agreements).
• Introduce a set of underpinning principles and objectives to guide the court’s discretion.
• Create a ‘matrimonial property regime’ that will provide rules for dividing up property on divorce, with the court’s discretion strictly confined.

The Commission believes it is essential to introduce a degree of certainty into divorce proceedings regarding financial matters.

Location, location, location

From Cornwall to corner desks: when workplace moves go wrong

They say a change is as good as a rest, but for two employees, changes to where they worked ended in legal battles.

One involved a security manager wanting to work in Cornwall, the other an estate agent who claimed demotion after being assigned a different desk. These very different tribunal cases show that when it comes to workplace relocation, whether a few feet or a few hundred miles, getting it wrong can be a costly move for employers.

The first case posed a remote working dilemma. Nick Kitaruth, a security manager, was dismissed after working from his parents’ home in Cornwall, 200 miles from his usual base at the QEII Conference Centre in Westminster.

Kitaruth had previously worked from Cornwall, based on an informal verbal agreement with his manager, and believed this would apply during the quieter August period. But this time it led to accusations that Kitaruth had acted without authorisation and wasn’t fulfilling his role.

The tribunal ruled that Kitaruth’s dismissal was unfair. The key failing? His employer’s investigation process.  No formal interview was undertaken with the manager before deciding to dismiss Kitaruth, where a proper investigation would have revealed how informal the arrangement had been and that misunderstandings were likely.

Concluding that “no reasonable employer” would have proceeded to dismissal without clarifying this crucial point, the tribunal also criticised the excessive delays in the disciplinary process, which took six weeks for an investigation and seven months for an appeal.

Explained Miss Amy Cusworth, employment expert with Rotherham solicitors Firm Oxley & Coward Solicitors LLP:  “This case underscores the need for employers to be thorough in agreements over remote working, and prompt in managing disciplinary action. Even though the tribunal was doubtful as to whether any work was actually carried out during the remote working, that didn’t affect their decision – although they have ruled that the compensation will be reduced by 50% because of that.”

In the other case, a senior estate agent successfully claimed constructive dismissal after being assigned to a less prestigious desk in his office. Nicholas Walker argued that being moved from the “back” desk — traditionally reserved for the branch manager — to a more central position was a symbolic demotion.

The tribunal agreed that the desk assignment could reasonably be viewed as a demotion and found that the employer’s handling of the situation damaged the trust and confidence required in an employment relationship, and compensation will be decided at a later date.

Miss Amy Cusworth : “Ultimately, these cases show how situations can escalate and have significant legal consequences if not handled with care.  Ensuring clear policies, excellent communication, fair procedures, and sensitivity to employee concerns can help avoid damaging disputes.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Managing working locations

.: key takeaways for employers

• Clarity: Whether it’s remote working arrangements or office seating, employers must ensure that expectations are clearly communicated and understood.
• Sensitivity: Consider cultural sensitivities, particularly for protected characteristics such as gender or religion, but also for symbolic indicators of status within the organisation.
• Fairness: Misunderstandings can happen, but clear procedures for airing grievances or approving working arrangements, and responding to concerns by fully investigating issues, can avoid unfair dismissal claims.
• Timely: Long delays in handling grievances or appeals can compound disputes and reflect poorly in tribunal proceedings. Have a timeframe and stick to it.

Don’t moth-ball your secrets when you sell

Why honesty is the best policy when selling your home

Buying a home is one of life’s biggest investments — but when sellers keep secrets, it can lead to costly consequences. A recent High Court ruling over a £32 million London mansion infested with moths is a sharp reminder of why honesty is crucial in property sales.

The case centred around Horbury Villa, a luxury home in Notting Hill bought by heiress Iya Patarkatsishvili and her husband in 2019. Shortly after moving in, they discovered a severe moth infestation, later traced to the property’s wool insulation. The couple claimed they were misled during the sale process, arguing that the developer failed to disclose known issues when answering pre-sale inquiries.

Although the seller challenged the claim saying moths didn’t qualify as vermin, the court ruled that the failure to disclose the infestation and related insulation issues amounted to false information. The judge overturned the sale, ordering the seller to refund the purchase price (less deductions for the couple’s use of the home) and pay an additional £4 million in damages.

“While few properties come with such high stakes, the principle remains the same -sellers must be upfront about known issues.” explained Miss Dawn Cherry conveyancing expert of  Rotherham based Firm Oxley & Coward Solicitors LLP. “Being fully prepared and transparent from the outset is essential. And with the spring house-selling season approaching, it’s the ideal time for sellers to get their paperwork in order.”

For those in the process of selling a house, one of the most important forms is the Property Information Form (TA6) which must be completed by the seller. This covers far-ranging questions covering everything from boundaries to building works, and crime rates to utility supplies. Even the presence of pests or issues like damp, subsidence or arguments with neighbours must be clearly set out.

Property transactions can be delayed — or even fall through — when key documents are missing, or sellers fail to disclose important information.  Common pitfalls include mislaid paperwork, lost deeds, or gaps in records related to planning permissions, building regulations, or structural changes.

Buyers who discover problems after completion may have legal grounds to challenge the sale, particularly if they can prove that material facts were withheld, as in the case of the moth infestation at Horbury Villa.

Miss Dawn Cherry added: “If you’re preparing to sell, check you have all necessary paperwork to confirm the property’s condition and history – ideally before you even go on the market. That includes permissions for works, certificates and guarantees for installations like new windows or heating boilers, but also any problems at the property, whether or not they have been resolved.  Ideally, ask your conveyancer to share form TA6 so you can check everything you will need to cover, before you put the For Sale sign up. The form is constantly being updated so the information required when you moved in isn’t necessarily going to be enough when you move out.

“Buying or selling a property is a major transaction, whatever your budget, and honesty is critical to making the process as smooth as possible. Being upfront will avoid last-minute delays or disputes that could derail your sale.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Equal opportunities – legal responsibilities overview

The Equality Act 2010 consolidated a number of previous pieces of legislation including the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995. The Act protects people from discrimination in the workplace and wider society. This followed the formation, in 2007, of the Equality and Human Rights Commission, an independent statutory body. Its purpose is to encourage equality and diversity. It also has responsibility for eliminating unlawful discrimination and protecting and promoting the human rights of everyone in Britain. The UK government has produced guidance on the Equality Act 2010. But what does equal opportunities mean?

What does equal opportunities mean?

In employment terms, equal opportunities means all workers being entitled to and having access to all of the organisation’s facilities at every stage of employment. This includes the pre-employment stage.

Every individual should have an equal chance:

• To apply and be selected for posts pre-employment
• To be trained and promoted whilst employed by an organisation
• To have their employment terminated equally and fairly.

Employers must have policies and procedures in place to prevent discrimination and foster equal opportunities within the organisation.

These include:

Prohibit discrimination

Employers must not discriminate against people based on protected characteristics like age, race, sex, sexual orientation, or disability. An example of this type of discrimination is dismissing women during pregnancy.

Prevent discrimination

Employers must take steps to prevent discrimination and harassment in the workplace. An example of this is where an employee is treated poorly by colleagues based on a protected characteristic.

Provide reasonable adjustments

Employers must make reasonable adjustments in the workplace for people with disabilities.

Comply with equal pay legislation

Employers must pay men and women the same rate for the same or equivalent jobs. There has been a raft of cases in recent years by female workers against their employers, arguing that they should be paid the same rate as men doing the same job. One of the most recent cases involved the retailer Next, which lost a six-year battle brought by its female employees who claimed they had been paid less than male employees who were doing a similar job.

Protect employees’ health, safety and welfare

Employers have a duty of care to protect the health, safety and welfare of their employees.

Who is responsible for equal opportunities?

Employers are responsible for ensuring that they comply with equal opportunities law. Equal opportunities also apply in education. In addition, public authorities have a Public Sector Equality Duty in relation to services. They are also required to consider equality when exercising public functions.

How are equal opportunities enforced?

Individuals are able to enforce their rights before the courts and through employment tribunals. The Equalities and Human Rights Commission also has a range of powers at its disposal enabling it to enforce equality law. This usually happens at an institutional level.

Could fewer rental properties be the price of positive action for tenants?

The Renters’ Rights Bill is set to overhaul tenancy laws in England and Wales, promising stronger protections for tenants, including an end to ‘Section 21’ repossessions. Now in its second reading in the House of Lords, the legislation aims to curb unfair evictions, but concerns are growing that it could unintentionally shrink the rental market.

Also known as ‘no fault evictions’, the Section 21 procedure – named after the relevant section of the Housing Act 1988 – currently allows landlords to regain possession of their properties without having to provide a reason. It is often used in cases where tenants fail to pay rent instead of lengthy court proceedings, or when landlords need to sell a property or to move in themselves.  But it is also seen as a loophole for a minority of unscrupulous landlords who make use of it for ‘no reason’ evictions, such as in retaliation for complaints about property conditions or to pressure tenants into accepting rent increases.

Under the new system, landlords will first have to prove they have valid grounds for eviction against certain specific legal grounds, such as rent arrears, anti-social behaviour, selling or occupying the property themselves, or a significant breach of the terms of the tenancy agreement.  The different grounds have varying notice periods, ranging up to four months.

With county courts already under significant pressure, and delays in hearings and bailiff appointments stretching for months, proving grounds for eviction is expected to increase the volume of contested cases, further slowing down an already overstretched system.

“While the sector welcomes greater security for tenants, the changes are expected to have a significant impact on the time and cost involved in regaining possession of a property, even where landlords have transparent and valid reasons,” explained dispute law expert Miss Amy Cusworth of solicitors Oxley & Coward Solicitors LLP in Rotherham.  “It could take as much as a year to evict a non-paying tenant in some areas.  If a claim is defended, the process could take even longer — potentially up to 18 months from the point of first non-payment.”

For landlords with mortgages, or those relying on rental income for retirement, these delays could pose serious financial risks.  Faced with the potential of extended legal battles and accumulating rent arrears, the predictions are that many small-scale private landlords will be forced to reconsider their position in the rental market.

If more private landlords sell up and reduce the number of rental properties available, it could drive up rents and result in bad news for tenants.

Miss Amy Cusworth added:  “With the Bill now going through its final stages in the House of Lords, these changes are moving from the horizon into the immediate sightline of landlords.  It’s important they review tenancy agreements and familiarise themselves with the new legal framework.  If they’re working with letting agents, they should be conducting a full review of all current tenancies and asking what processes are in place to manage risk at every stage and to ensure compliance with leases.

“Getting some specialist guidance on the new legislation early on will help in navigating the evolving rental landscape and avoid unnecessary disputes and potential loss of income later.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Blowing kisses, not boundaries

Tribunal clears air on workplace etiquette

A recent Employment Tribunal case has sparked debate about the boundaries of workplace behaviour, with a male manager’s attempt to ‘air kiss’ a female colleague raising questions about what constitutes inappropriate or unwanted conduct at work.

The case involved a female employee, Jing Jing Chen, who claimed that her male manager had hugged her and then leaned in to kiss her on the cheek without her consent during a workplace conversation, saying that the incident made her feel uncomfortable and was an example of sexual harassment.

The Equality Act defines sexual harassment as unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Crucially, the behaviour must be unwelcome, and its impact on the recipient must be assessed objectively and subjectively.

Her manager, Paul de Newtown, said he only gave her an ‘air kiss’ – defined by the Collins dictionary as “a kissing gesture, especially one directed towards a person’s cheek, made without making physical contact”.

The tribunal concluded that de Newtown’s action, while unwelcome, was not inherently sexual.  It also took into account the context, the intent behind the behaviour, and the reaction of the employee at the time, before deciding that the manager’s behaviour did not meet the threshold defined by the Equality Act 2010.

“This ruling should not be taken as diminishing the responsibility of employers to maintain a safe and respectful workplace, but rather an illustration of the very fine line that can divide harmless social gestures and conduct that crosses professional boundaries,” explained Miss Amy Cusworth, employment expert with Rotherham solicitors Oxley & Coward Solicitors LLP.

“While not every unwelcome action constitutes harassment under the Equality Act, employees have the right to feel respected and safe in their workplace. Employers must foster a workplace culture that encourages open communication and be active in addressing concerns early to help avoid misunderstandings or worse.”

Key takeaways for employers include:

1. Context Matters: The tribunal emphasised the importance of considering the context and intent of behaviour. Employers should ensure that workplace training includes guidance on understanding boundaries and recognising behaviour that could be perceived as inappropriate.
2. Clear Policies: Employers must have clear policies on workplace behaviour and harassment, including examples of unacceptable conduct. These policies should also outline procedures for addressing complaints.
3. Cultural Sensitivity: Actions that may seem harmless to one person could be unwelcome or offensive to another, particularly across different cultures and backgrounds. Creating an inclusive workplace culture requires ongoing education and awareness.
4. Prompt Action: Employers should take all complaints seriously, conducting thorough investigations to determine whether conduct breaches workplace standards or the law.

Useful resources, with guidance on the Equality Act and inclusive workplaces, are available at the Equality and Human Rights Commission https://www.equalityhumanrights.com/

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

How to avoid making mincemeat of estate planning

A will that was hand-written on the back of two cardboard food packages has been confirmed as legally binding by the High Court.

In an unusual twist, Malcolm Chenery used a Young’s frozen fish box and a Mr Kipling mince pie box to set out his wishes, leaving his £180,000 estate — including a three-bedroom house, jewellery, and a pottery collection — to the charity Diabetes UK. Despite the unconventional medium and the two pieces of card not being physically connected, the court upheld the will.

Under English law, a will is valid if it complies with the Wills Act 1837, which requires it to be in writing, signed by the person making it, and witnessed by two independent individuals present at the same time.

“While this case highlights that a will doesn’t have to follow a traditional format to stand in court, unconventional approaches often lead to unnecessary stress and costs for executors and beneficiaries,” said Chris Shaw, Wills & Probate expert with Rotherham solicitors Oxley & Coward Solicitors LLP.  “Even with the family supporting the charitable donation, this case caused additional complications.”

Simple preparation can avoid such confusion.  One important step is to organise financial documents and to create a clear list of assets, which should be kept in a place known to the executors and kept up to date . “Executors must obtain valuations for all your assets — whether property, crypto currency, premium bonds, or pottery collections like Mr Chenery’s,” explained Chris Shaw. “Providing account details in advance can save time and stress.”

Delay in sending information about assets to HM Revenue and Customs following a death can have serious financial consequences. Executors are personally accountable for handling estates correctly, including paying inheritance tax (IHT) on time. IHT is due within six months of the month of death, with HMRC charging 7.5% interest after that time. Delays can result in penalties and mounting costs, which beneficiaries might expect executors to cover from their own funds.

Executors must also act within two years to claim some of the tax-free allowances for married couples or civil partners, who can combine allowances to pass up to £1 million tax-free. Missing this deadline can reduce the inheritance beneficiaries receive.

While the exemption for gifts between spouses is ‘absolute’ and does not have to be claimed, the transferred nil rate band does have to be claimed, and this is where the two year time limit applies.

“Think of estate planning as a gift to your loved ones,” added Chris Shaw. “Discussing your plans with family — whether they’re included or excluded — can help avoid disputes and ensure your legacy is handled smoothly. Attention to detail now can make a world of difference later.”

Tips to make things simple for your executors

An executor is legally responsible for carrying out the instructions set out in a will.  Executors may be family, friends or a professional, but they must make sure everything is done correctly at every stage, from collecting details of all the assets, reporting to HMRC, obtaining probate, through to distributing money and other assets to beneficiaries.  Agreeing to the role and having the opportunity to discuss your wishes will help them prepare, together with some other simple steps:

1. Draft a clear, valid will

Ensure your will complies with all legal requirements and reflects your wishes clearly. Anything that could lead to disputes should be checked and ideally discussed with those involved. Consider consulting a solicitor to ensure all bases are covered, including provisions for guardianship, specific bequests, and how you want to share your estate.  Whatever the cost of having a will drawn up by a professional, it will be small when compared with the costs involved if the validity of a home-made will is questionable.

2. Store your will securely

Keep your will in a safe but accessible place and inform your executors where it is stored. Options include a solicitor’s office, a bank’s safe deposit box, or a registered will storage service. Avoid storing it in a place that could be overlooked or difficult to access, such as a personal safe with an unknown combination.

3. Review and update regularly

Life events — such as marriage, divorce, the birth of children, or a significant change in assets — can affect the validity or relevance of your will. Regularly reviewing your will ensures it remains aligned with your current wishes.

4. Consider your digital assets

In today’s digital age, estate planning must include online accounts, digital assets, and even social media profiles. Leave instructions for accessing important accounts and consider appointing a digital executor if necessary.

5. Plan for taxes

While the tax-free threshold for inheritance tax (IHT) is £325,000 in the UK, estates exceeding this may be liable for significant tax payments. Proper estate planning can help mitigate IHT liabilities, for instance, by using exemptions, gifts, or trusts effectively.

6. Communicate with executors and beneficiaries

Discussing your plans with all involved reduces misunderstandings and surprises later. Executors should understand their responsibilities, and beneficiaries should be aware of your intentions to help manage expectations.

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Avoiding the festive strains that drown out Rudolph

Why January sees a surge in divorce applications

The festive season, often portrayed as a time of joy and togetherness, can be fraught with stress for many couples. Financial pressures, heightened expectations, and the intensity of prolonged family interactions can place already fragile relationships under considerable strain.

As a result, January has earned a reputation as “divorce month,” because of the surge in requests to solicitors for support in moving forward with separation and divorce.

But divorce doesn’t have to be difficult: that’s the message from family lawyers who are working with couples navigating the process of separation.  The Divorce, Dissolution and Separation Act  – which introduced so-called ‘no fault’ divorce – came into force in April 2022 with the aim of reducing conflict and promoting amicable resolutions.  It introduced significant reforms to the process with the aim of stopping the blame game and encouraging cooperation, particularly in reaching a financial settlement.

Under the new rules, ‘fault’ grounds such as adultery or unreasonable behaviour have been replaced with a simpler application process. According to family law expert Lizzie Bell of Rotherham-based solicitors Oxley & Coward Solicitors LLP, this change has had a positive impact. “By eliminating the need for one party to attribute blame, the starting point for couples can be steered more towards a focus on practical solutions rather than emotional disputes.  Achieving this mindset and approach can make a huge difference, particularly when there are children or shared finances to consider.”

But the process is not without its challenges. Divorce now takes a minimum of 26 weeks, a timeframe that can extend significantly when financial arrangements or childcare agreements are contested. For many, this period can feel daunting, but Miss Bell stresses the importance of seeking professional advice. “Even in amicable cases, having legal guidance ensures that financial settlements are fair and protect the interests of both parties and safeguard the future for any young children. This can prevent disputes from escalating later.”

Statistics show that nearly 40% of divorcing couples go to court without legal representation. While it might seem like a cost-saving measure, Miss Bell warns that this can lead to inequitable outcomes and prolonged disputes. “For those struggling with the emotional strain of separation, investing in professional support can be a game-changer. It’s not just about understanding your rights but also having someone to speak up for you, which can significantly reduce stress and help to reach a fair agreement more quickly.”

A crucial, yet sometimes overlooked, aspect of the process is ensuring financial agreements are formalised through a legally binding consent order before the divorce is finalised, which requires a separate legal process to the divorce itself.  This involves a lawyer drawing up an agreement about how financial assets will be divided between the couple. It can include arrangements for property, savings, investments, pensions, and ongoing financial support such as maintenance payments.

Once submitted to the court and approved by a judge, the consent order becomes legally binding and as Miss Bell explains: “It’s great if you can reach an agreement together, but it’s vital to have this formalised in a consent order as verbal or informal agreements carry no legal weight.

“Without a financial consent order in place, there is no legal closure to financial claims between you and your former spouse. This means that even years after a divorce, one party could potentially bring a financial claim against the other.  The process for the consent order also helps ensure fairness in the arrangements as the judge will check it’s reasonable for both sides before granting the order.”

Separately, child maintenance arrangements ensure the financial needs of children are met over time. While these agreements can be included in a financial consent order, they are often handled separately as they remain subject to modification, even when included.

As the festive season concludes, January may bring difficult decisions for many couples. However, with the right support and a focus on cooperation, the journey through divorce doesn’t have to be combative.

“If you have decided that, sadly, this Christmas will be the end of the road for your relationship then going forward with a commitment to mutual respect can make a significant difference, especially when children are involved,” added Miss Bell. “Try to use the time by planning ahead and thinking about the practicalities: how will assets be divided? What arrangements need to be made for any children? If you can discuss these things with each other amicably and without pressure, then the clearer your agreements, the smoother the process will be.  If there’s any question of pressure from your partner, then use the time to prepare yourself ready for when you have a professional who can stand up for you.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

New sexual harassment rules may signal end of office parties 

The festive season is upon us, but businesses may need to rethink their approach to office Christmas parties following the introduction of stricter sexual harassment laws. The updated legislation, which came into effect in October, places a greater duty on employers to take reasonable steps to prevent sexual harassment in the workplace, including at social events.

As a result, legal experts warn that the new rules could spell the end of traditional alcohol-fuelled office celebrations, especially in sectors like financial services.

Miss Amy Cusworth, employment lawyer with Rotherham-based Firm Oxley & Coward Solicitors LLP highlights the impact on businesses. “With increasing legal responsibilities for staff safety, some companies may feel such events are becoming too risky, too difficult to manage and too costly.”

The new legal duty represents a significant shift in how employers must act to prevent sexual harassment. Previously, employers could defend themselves by demonstrating they had policies and procedures in place and had taken reasonable steps after an incident occurred. Now, businesses must take action to anticipate and prevent harassment, regardless of whether a complaint has been made.

Sexual harassment involves any unwanted sexual behaviour that causes someone to feel intimidated, degraded, humiliated, or offended, regardless of intent. This includes actions like inappropriate remarks about someone’s appearance, offensive jokes, unwelcome questions about personal matters, or non-consensual touching. It also extends to digital communication, such as unwanted messages, emails, or phone calls.

And the stakes are high for employers who fail to meet this new duty. If the Equality and Human Rights Commission (EHRC) receives a report that a business is not taking reasonable preventative steps, it can take enforcement action, even if no specific harassment claim has been made. Where a case proceeds to an employment tribunal, non-compliance could result in an increased compensation award of up to 25%.

In addition, businesses in high-risk industries may need to consider extra safeguards, such as in hospitality, where research has found more than half of women reporting workplace sexual harassment.  Measures could include ensuring employees never work alone, providing additional reporting channels beyond direct supervisors, and treating social events as extensions of the workplace.

Miss Amy Cusworth warns that “Waiting for something to happen is not an option: every employer needs to be able to show they have taken reasonable steps to prevent a situation arising.”

For employers, the message is clear: ignoring these risks could result in significant legal and reputational damage and simply scrapping social events like the Christmas party isn’t a solve-all action.  Instead, businesses need to mitigate risk by implementing clear policies, providing staff training, and promoting a culture of respect and inclusion, explains Miss Amy Cusworth:

“This legislative shift will be a wake-up call for many industries. Yes, festive gatherings can boost morale and foster team cohesion, but they must be carefully planned with an emphasis on safeguarding employee wellbeing.

“This is about looking at the bigger picture and taking action to foster a safe and respectful environment that protects both employees and the business.”

While the current legislation does not specifically allow for claims due to third-party sexual harassment, legal liability may arise if employers fail to act on inappropriate behaviour by clients or suppliers. Looking to the future, the Employment Rights Bill progressing through Parliament will increase employer responsibilities in this area.

What can be done to safeguard staff against sexual harassment:

• Implement a comprehensive sexual harassment policy that is clearly communicated.
• Conduct regular training for all staff on recognising and preventing harassment.
• Assess risks specific to industry and workplace.
• Foster a culture of transparency where employees feel comfortable speaking up.
• Establish clear reporting procedures and ensure all staff know what actions will follow any report.
• Communicate a zero-tolerance stance towards any form of harassment.

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Debt Collection – An Overview

Recovering a debt from someone who owes you money can be frustrating and challenging. The steps taken in the debt collection process depend on whether the debt is a business debt or a consumer debt, or whether you are a debt collection agency seeking to recover a debt for a client.

What is debt collection?

Debt collection is a process through which an individual or an organisation recovers a debt due to it. When all credit control actions have failed to encourage the debtor to pay, the next stage is usually formal debt collection.

When you decide to recover the debt yourself, there are defined steps you must follow. Debt collection agencies that deal with consumer debts are regulated by the Financial Conduct Authority.

The debt collection process

There is a process that must be followed in every debt collection. The steps you must take in relation to the debt collection process depend on whether the debt is a business-to-business debt or a business-to-consumer debt.

Business to business debt collection

The first stage in recovering a business to business debt is to have your solicitor send a Letter before Action to the debtor advising that unless the debt is settled, court proceedings will be raised.

Letter before Action

The Letter before Action should include:

• The amount of the debt and the date it was due
• The sender’s name and address
• Copies of relevant documents
• A summary of the facts
• A clear explanation of the position and legal basis of the claim
• A time limit for the recipient to comply with the request
• Details of the steps the recipient must take to avoid legal action

The debtor should be afforded a period of 14 days in which to respond and settle the debt. If the debtor fails to respond positively to make arrangements for payment or fails to pay the debt on the expiry of 14 days, the next stage is to issue court proceedings.

Court proceedings

The proceedings for debt collection should include:

• A Claim form: A form that includes details of the debt
• A Response pack: A pack that includes forms to allow the debtor to respond to the claim

In addition, an Issue fee must be paid to the court to file the claim

If the debtor fails to file a defence within 14 days, you can then seek a judgement against the debtor.

Clearly, should the debtor defend the proceedings, a hearing will be required to resolve matters before any judgement can be issued.

Enforcing the judgement

Once you receive the judgement, you can enforce it against the debtor. Enforcement action can take the form of one or more of the following actions until the debt is settled:

• Arrangements for instalment payments
• Sending the Bailiffs or High Court Enforcement Officers (depending on the value of the debt)
• Serving a Charging Order
• Attaching earnings
• Seeking a Third party debt order
• Bankruptcy/winding up proceedings

Business-to-consumer debt collection

Before you can raise court proceedings in business-to-consumer debt collection, you must send a Letter of Claim to the debtor. This letter should contain the information and documentation contained in the pre-action protocol for debt claims. The letter of claim should include:

• the amount of the debt
• whether interest or other charges are continuing
• where the debt arises from an oral agreement, who made the agreement, what was agreed (including, as far as possible, what words were used) and when and where it was agreed
• where the debt arises from a written agreement, the date of the agreement, the parties to it and the fact that a copy of the written agreement can be requested from the creditor
• where the debt has been assigned, the details of the original debt and creditor, when it was assigned and to whom
• if regular instalments are currently being offered by or on behalf of the debtor, or are being paid, an explanation of why the offer is not acceptable and why a court claim is still being considered
• details of how the debt can be paid (for example, the method of and address for payment) and details of how to proceed if the debtor wishes to discuss payment options
• the address to which the completed Reply Form should be sent

The debtor has 30 days to reply to the Letter of Claim. If the debtor fails to reply, you can then commence the recovery process.

If the debtor responds

If the debtor responds, they should use the standard Reply Form which you send with the Letter of Claim. The debtor can also request copies of documents they believe are relevant. You should not commence court proceedings less than 30 days from receipt of a completed Reply Form or 30 days from providing the debtor with any documents they request. Finally, if the debtor informs you they are seeking legal advice, you must allow them a reasonable period of time in which to do that.

Document disclosure

Both you and the debtor should exchange relevant documents as soon as possible. This will help each understand the other’s position. If you cannot provide any documents requested, you must explain why within 30 days of a request for these.

Seeking resolution and alternative dispute resolution (ADR)

It is important to try to seek a resolution to the matter before proceedings are raised. Alternatively, you may consider or suggest suitable ADR. It is important to note here that if the debtor reached an agreement which they subsequently breach, you must start this process from the beginning before issuing court proceedings.

Final Letter before Action and further procedure

If the debtor responds to the letter of claim but fails to reach agreement or settle the debt, you should give them at least 14 days’ notice of your intention to issue court proceedings. This procedure is identical to the procedure followed in a business to business debt recovery.

Final thoughts on debt collection

The debt collection process must be observed to ensure you stand the best chance of recovering the debt. Should you fail to follow the procedure prior to issuing proceedings, your claim will fail and you will be unlikely to receive judgement.

Follow the correct process, whether it be a business-to-business debt or a business-to-consumer debt and you will stand the best chance of receiving judgement to allow you to successfully recover of the debt due.

Government steadies the path on worker reforms

Unveiled Employment Rights Bill paces change for employers and workers

By Miss Amy Cusworth, employment law specialist with Oxley & Coward Solicitors LLP.

Heralded as the greatest shake up in UK employment law for more than 30 years, and the biggest upgrade to worker rights in a generation, the much-anticipated Employment Rights Bill has finally landed.  But with many of the sweeping reforms postponed or diluted, it feels more like the start of a steady transition than a seismic shift.

Fulfilling the government’s election promise to publish the Bill within 100 days of its landslide election victory generated a time pressure that has led to unfinished business and inevitable compromises.

Alongside, powerful voices from the employer side forced a rowing back on some of the most impactful employee protections proposed in the government’s Make Work Pay manifesto plan to tackle low pay, poor working conditions and poor job security to help more people to stay in work.

As a result, while some of the expected reforms make it through, many are modified, and others are noticeably absent or subject to further consultation and refinement.

That is evident in the simultaneous publication of a companion paper to the Bill, called the Next Steps.  This outlines how Labour intends to meet the election promises not yet covered by the Bill.

Many of the requirements also depend on secondary legislation, the outcome of consultation, or codes of practice. Taken together with an assurance that significant changes, such as those around unfair dismissal, will not take effect until 2026, this staged approach should offer some relief to employers, knowing that there will be no overnight change of regime.

The much-trailed provision for unfair dismissal rights from day one now includes a probationary period to ease employer concerns, though details are yet to be finalised. This compromise allows employers time to assess employee suitability for a role, while reassuring employees about immediate protections.

Currently, unfair dismissal rights apply only after two years of employment. The Bill removes this qualifying period, proposing instead a streamlined dismissal process during a statutory probationary period, likely set at nine months, though this will be subject to consultation.

One of the issues covered by the Next Steps paper is the right to disconnect — a provision aimed at protecting employees’ time away from work — which was widely expected to be contained within the Bill.  Instead, the government has promised to address it via a new code of practice, with consultation expected next year.

Another long-standing Labour commitment is the abolition of the UK’s three-tier employment framework, towards a single worker status.  This aims to expand the range of workers who qualify for employment rights, a fundamental change that could reshape the employer-employee dynamic, by merging the existing categories of ‘worker’ and ‘employee’, leaving only the status of ‘employed’ or ‘self-employed’.

A significant proposal, designed to reduce ambiguity, this has provoked loud debate over its potential impact on business flexibility and for now, this promise has proven too complex to address within the timeframe.  But the government has confirmed its continued commitment to a single worker status model with consultation plans in the Next Steps paper.

For pregnant women and new mothers, further details are awaited, but the Bill strengthens protections against dismissal in a significant extension of current safeguards.  It will be unlawful to dismiss a woman on maternity leave, as well as for six months after her return, except in specific circumstances.

However, the Bill does not make any mention of changes to statutory maternity pay (SMP) rules. Off-record rumours had suggested these would be adjusted to allow pregnant employees to qualify for SMP if they began a job during the first six months of their pregnancy.  Currently, they will only be eligible for SMP if they become pregnant after starting their job.

While a raft of sweeping changes has been outlined in the Bill, and a timeline indicated for those in the Next Steps, there’s little in the way of immediate action. Instead, it’s a case of waiting to see how Parliament will shape the final version of the Bill. Notably, before the ink is even dry on this initial working, the government has hinted that it might amend its own draft in the coming months.

For now, employers should take account of the potential changes in their thinking and future strategy and keep their ear to the ground for further legislative changes. As the Bill moves through Parliament and consultation documents are released, the practical implications will become clearer.

Employers can breathe a little easier, with the government promise of a gradual implementation, and most major changes not coming into effect until 2026.

But the changes are substantial, and smaller businesses without dedicated specialist support will need to devote time and resources to navigate them effectively.  Ensuring positive outcomes for both employees and the business will require careful planning and support together with regular review of policies.

Drilling down into the detail:

The government’s new Employment Rights Bill outlines significant changes to employment laws, with its focus on workers’ rights and flexibility.  The draft legislation is subject to revision as it makes its passage through Parliament, but the key elements employers should be aware of are:

Protection against unfair dismissal from day one:   

Day one protection, combined with a new statutory probationary period for new hires, replaces the current two year qualifying period for unfair dismissal protection.

 Making flexible working the norm where practical :

Under the new Bill, any refusal of a flexible working request must satisfy a test of reasonableness.  Although the eight permissible business reasons for refusal remain unchanged, this is likely to make it easier for employees to challenge refusals.

Flexibility on both sides of zero hours contracts:

Zero hours contracts have not been banned, but there will be a new right for workers to be entitled to a contract which reflects the number of hours regularly worked over a specified reference period, which is expected to be 12 weeks, once confirmed.  Also outlined are new provisions to give workers reasonable notice of shifts and to proportionately compensate them when shifts or working times are cancelled or cut short by an employer without reasonable notice.

Greater protection from ‘fire and hire’:

Employers will find it harder to change contractual terms without the employee’s consent.  It will be automatically unfair to dismiss an employee for refusing a change to their terms of employment or for replacing them with another employee on altered terms to perform essentially the same role.

Rights to bereavement, paternity and parental leave from day one:

As expected, the Bill removes the qualifying period of 26 weeks for paternity and parental leave, making these into day one rights. There will be a new right to at least one week’s bereavement leave, with details of which relatives this applies to covered by regulations to follow.

Extended protection from redundancy for new parents:

Pregnant employees and new mothers will receive extended protection from redundancy.

 Extended entitlement to statutory sick pay: 

Currently, statutory sick pay (SSP) is only available from the fourth day of sickness for employees earning over £123 per week. The Bill removes the waiting period, making SSP payable from the first day of illness, and eliminates the minimum earnings threshold. These reforms are expected to take effect fairly quickly.

Stronger laws against harassment:

The Bill strengthens existing requirements to guard against sexual workplace harassment, due to come into force later this month, by raising the bar from a duty to take ‘reasonable steps’ into a duty to take ‘all reasonable steps’.   The Bill also makes employers liable for harassment by third parties on any grounds, not just sexual harassment, if it happens in the course of employment.

A new approach to enforcement and policing – Fair Work Agency:

The Fair Work Agency will be established to bring together existing enforcement bodies to oversee rights such as holiday pay and to provide general guidance.  The approach has yet to be set out, but could be more interventionist than presently, in enforcing employees’ rights against employers.

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Rights of way & agricultural land

The public have a right to roam much of the great outdoors in England. Open access land includes areas like downland, heathland, and mountains where the public can walk freely. However, unlike Scotland, there is no universal right to roam most of the land for recreational purposes. In England, the public have rights of access to land over established rights of way.

What is a right of way?

A right of way is a right enjoyed by the public to cross over someone else’s land. In a rural setting, that “someone else” is likely to be a farmer or landowner.

Types of Rights of Way

Rights of way can be categorised into several types, each with its own specific characteristics and uses. Understanding these distinctions is crucial for both landowners and the public to ensure proper use and maintenance.

• Public Footpaths: These paths are exclusively for pedestrians. They allow the public to walk across private land, providing access to the natural environment without the use of vehicles. Public footpaths are typically marked with signs or other indicators to guide users.
• Public Bridleways: Open to pedestrians, horse riders, and cyclists, public bridleways offer a versatile route for various forms of non-motorised travel. These paths are also marked with signs, ensuring that all users are aware of their rights and responsibilities.
• Byways Open to All Traffic (BOATs): These routes are accessible to all types of traffic, including motorised vehicles. BOATs are essential for providing comprehensive access across different terrains and are clearly marked to inform users of their rights.
• Restricted Byways: While these paths are open to walkers, horse riders, cyclists, and non-motorised vehicles, they come with certain restrictions. Restricted byways are designated to balance public access with the preservation of the natural environment and are marked accordingly.
• Permissive Paths: Unlike the other types, permissive paths are open to the public by the landowner’s permission. These paths are not protected by law and can be closed or restricted at any time, offering a flexible option for landowners who wish to provide temporary access.

Understanding these categories helps ensure that public rights are respected and that the natural environment is preserved for future generations.

Farmers and landowners must ensure that public rights of way are accessible and properly maintained. This includes keeping paths clear from obstruction and ensuring gates are in good working order. However, landowners can apply to have paths diverted or closed, if necessary, often due to farming operations.

How are rights of way established?

Rights of way have existed for hundreds of years. Many of these are simply paths that have been used by the public which then are usually shown on maps and, over time, become recognised rights of way. These paths are officially documented on a legal record known as the Definitive Map and Statement. The basic requirement is that a path or roadway must run between two public points, crossing privately owned land and is or has been used by the public for at least twenty years without interruption.

Creation of New Public Rights of Way

Creating new public rights of way involves a formal process of designation, ensuring that new paths meet specific criteria and serve the public interest. This process is typically initiated by the landowner or the local authority.

To designate a path as a public right of way, the following conditions must be met:

• Public Use for 20 Years: The path must have been used by the public for at least twenty years. This long-term use demonstrates the path’s importance and necessity for public access.
• Lawful Purpose: The path must be used for lawful purposes, such as recreation or access to a public place. This ensures that the path serves a legitimate need and benefits the community.
• Unobstructed Access: The path must not be obstructed or closed by the landowner or any other person. Continuous, unhindered access is crucial for a path to be recognised as a public right of way.

Local authorities play a pivotal role in this process, assessing applications and ensuring that all criteria are met before a path is officially designated. This careful evaluation helps maintain a balance between public access and the rights of landowners.

How do you find out if there is public access on your land?

If you are a landowner, you must keep a public right of way visible and must not obstruct or endanger users. Public rights of way are recorded in various locations. Your first port of call will be the local authority but records of public rights of way can also be recorded by national part authorities, county councils, some district councils, metropolitan boroughs and unitary authorities. The rights of way are usually shown on a definitive map of the area.

Using rights of way

The Countryside and Rights of Way Act 2000 covers the right of access to the countryside, public rights of way and the protection of nature and wildlife. The Act details the responsibilities of anyone using a public right of way. These include not damaging hedges, fences and walls and not leaving gates open when they are found shut.

The Countryside Code is the Government’s guide for visitors to the countryside and advice for land managers and covers the use of public rights of way. The Code contains guidance rather than legislation.

User Responsibilities

Users of public rights of way have certain responsibilities to ensure that they use the paths safely and respectfully. Adhering to these guidelines helps preserve the natural environment and ensures that all users can enjoy their rights without conflict.

• Respect Other Users: Whether you are a pedestrian, cyclist, or horse rider, it is essential to respect other users of the path. This includes being considerate and giving way when necessary to avoid accidents and ensure a pleasant experience for everyone.
• Keep to the Right-Hand Side: Staying on the right-hand side of the path helps manage traffic flow and reduces the risk of collisions, especially on narrower paths.
• Control Your Dogs: Keeping dogs under control is vital to prevent them from disturbing wildlife, livestock, or other path users. This responsibility ensures that the natural environment remains undisturbed and safe for all.
• Avoid Littering: Littering not only spoils the beauty of the countryside but can also harm wildlife. Always take your rubbish with you and dispose of it properly.
• Do Not Damage the Path: Avoid causing any damage to the path or surrounding environment. This includes not damaging hedges, fences, or walls and not leaving gates open when they are found shut.

By following these guidelines, users can help maintain the integrity of public rights of way and ensure that these paths remain accessible and enjoyable for everyone.

Obligations on the landowner

Where a public right of way crosses your land, you have certain obligations in relation to it. The most important of these is to keep it open, free of obstruction and available to the public. Of course, the rules are much more detailed than that simple, broad statement. For instance, if a farmer were to plough the right of way, Section 134 of the Highways Act 1980 requires it to be reinstated within fourteen days. Failure to reinstate can result in a fine.

Natural England has published guidance on public rights of way for landowners which apply to agricultural or any other land.

Maintenance of Rights of Way

The maintenance of public rights of way is a shared responsibility between local authorities and landowners. Proper maintenance ensures that these paths remain safe, accessible, and enjoyable for all users.

The roles of the Local Authority and Highway Authority

Local authorities and highway authorities play crucial roles in the management and maintenance of public rights of way. Their responsibilities ensure that these paths are properly designated, maintained, and accessible to the public.

What do you do if you experience a problem with public rights of way?

If you discover a problem with a right of way, contact the rights of way section of the highway authority through whose area the route passes and explain the problem to them.

Local councils can implement initiatives like the Rights of Way Improvement Plan to improve accessibility and address community needs. There are also many organisations dedicated to keeping the countryside open and accessible. For those who like walking, you may consider Ramblers. For those with an interest in the countryside and open spaces, you might consider Open Spaces Society.

NDAs – an overview

A non-disclosure agreement (NDA), otherwise known as a Confidentiality Agreement, is a mechanism used, normally in an employment or business situation, to keep confidential information confidential. NDAs can be used in a number of settings and for a number of purposes. The principles, however, are common. One or both parties are obligated not to disclose information that is considered to be confidential.

NDAs can also be incorporated into another document. For example, there may be non-disclosure clauses in an employment contract or a Settlement Agreement in a termination of employment designed to keep company confidential information confidential.

Importantly, NDAs are legally binding agreements to keep information confidential.

There are two types of NDAs:

• Unilateral NDA
• Bilateral or Mutual NDA

Unilateral NDA

A Unilateral NDA imposes restrictions on one party to the agreement to protect the disclosure of confidential information.

Bilateral or Mutual NDA

A bilateral or mutual NDA binds all parties to keep the confidential information confidential.

What types of situations require NDAs?

NDAs can be used in many situations. Some examples of these are as follows:

• In pre-contract or tender negotiations where confidential information must be disclosed to enable the parties to reach agreement as to the terms of a contract. These types of NDAs tend to be mutual NDAs with the terms being binding on both parties.
• In the mergers and acquisitions process where the acquiring company will be asked to sign a confidentiality agreement to prevent it disclosing company confidential information held by the acquisition target.
• In Employment Contracts where the employee has access to secret or confidential company information which gives the employer a competitive advantage.
• Product of scientific development collaborations to preserve the integrity of intellectual property owned by the collaborating parties.
• Settlement Agreements leading to termination of employment to prevent disclosure of confidential company information after the employee leaves the company.

These are examples of where NDAs can be used to protect secret or confidential information.

The structure of NDAs

There are common elements in the structure of NDSs, whether they are incorporated into wider agreements or as a stand-alone agreement. The key elements of NDAs are:

The parties: this will clearly identify the parties to the agreement. It may also include those associated with the parties, such as professional advisers, agents, sub-contractors and employees;

Definitions: the purpose of this it to set out the types of confidential information covered by the NDA and how it is to be managed;

The Obligations: the obligations of the parties regarding the confidential information to keep the information confidential;

Destruction/Return of confidential information: the specifics of how the confidential information is dealt with on termination of the contract;

Exclusions: the exclusion of information which is already or may come into the public domain but not as a result of the actings of the parties;

Duration: there may or may not be a time period during which the NDA will endure;

Remedies for breach: this sets out what happens if there is a breach of the agreement and release of the confidential information.

NDAs and Public Authorities

If you enter into NDAs with public authorities, it is prudent to exclude the operation of the following pieces of legislation:

• The Freedom of Information Act 2000
• the Freedom of Information (Scotland) Act 2002
• the Environmental Information Regulations 2004 (the FOIA)

There is nothing sinister about excluding this legislation from an NDA. It’s simply that there is likely to be company or contractual or know-how information or intellectual property to be disclosed to the public authorities which those contracting with them would wish to keep confidential for commercial reasons.

Are there circumstances where NDAs are unenforceable?

There are certain circumstances, especially in employment situations, where NDAs are unenforceable. These circumstances are:

1. Whistleblowing.
2. Reporting a Crime to the Police.
3. Discussing pay with work colleagues for reasons relating to equal pay.

Abuse of NDAs

The subject of misuse of NDAs came to the fore when the MeToo movement began in the US and very quickly, women spoke up about being forced to sign NDAs following sexual harassment by Harvey Weinstein. NDAs were used to silence women Weinstein had abused.

In September 2023 the Treasury Select Committee inquiry heard evidence from the Can’t Buy My Silence campaign about NDAs being used to cover up sexism and discrimination in the City of London.

Prior to the General Election in July 2024, the Conservative Government had plans to introduce legislation to outlaw the misuse of NDAs. Due to the General Election, this legislation did not make it to the Statute Book.

Used properly, NDAs respect confidential information

When parties enter into NDAs, they allow the parties access to confidential information for commercial and business reasons. They come with reasonable obligations not to disclose the confidential information to anyone not entitled to see that information. It is only proper that there should be sanctions for those who breach such agreements and NDAs serve that purpose.

Houses and neighbour disputes

Neighbour disputes can cause serious stress, anxiety and even fear. A range of issues could be described as neighbour disputes. Here are some examples:

• Boundary disputes
• Noise complaints
• Anti-social or threatening behaviour
• Shared property access
• Dumping rubbish
• Blocking shared driveways

Neighbour disputes are never nice and can take an age and a willingness to compromise if they are ever to be resolved. Sometimes they are impossible to resolve due to the stance of one or both of the parties.

There are various tactics you can employ if you are having a neighbour dispute. Mediation may well be a sensible way to seek resolution. That, however, tends to depend on both parties being reasonable. That is not always the case.

If the problem is a persistent noise nuisance or dumping rubbish, you might consider contacting the local environmental health department, or if there is anti-social or threatening behaviour, you might consider contacting the police. As a last option, you might need to resort to the courts. There is no single answer when dealing with a neighbour dispute.

What happens if I want to sell my house whilst a dispute is ongoing?

You may have had enough and decide to sell your house and leave the problem behind you. A nice, straightforward solution. Except, it’s not quite like that.

When you sell your house or flat you must disclose material information. This gives the buyer essential information about the property. You do this through completing a TA6 Property Information Form. This form contains fourteen questions with question number two asking about disputes and complaints.

When you complete this question, you must disclose any ongoing dispute you are having with your neighbour. You must also explain what has happened and what has been or is being done to resolve the dispute. In addition, you will be asked to answer questions about past disputes, how they were resolved and whether they are likely to lead to disputes in the future.

This question is subjective and if you have taken any formal steps, such as complaining to the council or environmental health, or had your solicitor write to your neighbour, you must disclose this here.

The purpose of the disclosure of material information is to allow the buyer to make a judgement as to whether to proceed with the purchase. Failure to disclose the existence of a neighbour dispute, past or present, could allow the buyer to take legal action against you for misrepresentation.

It should also be noted that question one of the TA6 form asks about boundaries and, again, it is important to clearly state the position regarding boundaries, who is responsible for maintaining them and whether there have been any issues with neighbouring owners regarding the boundaries.

Finally, if you have had a dispute with a neighbour which you have managed to resolve amicably without further action, it is unlikely you will have to declare this.

What can you do if your neighbours are renting the property?

You should take the same approach in trying to resolve the dispute, irrespective of whether the neighbour is the owner or the tenant. You might also consider complaining to the neighbour’s landlord about their conduct. However, it is difficult to hold landlords to account for the conduct of their tenants. The only time you might be successful in holding the landlord legally responsible is if they are deliberately encouraging their tenant’s behaviour.

Does a landlord need to declare a neighbour dispute when renting a property?

Landlords have many responsibilities for the properties they let. Such responsibilities include gas, electrical and fire safety, responsibility for repairs and ensuring the property does not present a health and safety hazard.

However, when letting property, landlords do not need to declare neighbour disputes. It can be argued that if the former tenant was in dispute with a neighbour, the simple fact that they have moved out will bring an end to the dispute.

Always try to resolve neighbour disputes

It can be massively frustrating living next to a disruptive neighbour. Taking action might simply exacerbate an already difficult situation. It is important to take steps to try to resolve the dispute with your neighbour. However, if you sell your house when the dispute is ongoing, you must disclose the dispute. Failing to do this could lead to action against you if the buyers of your house can show that you have misrepresented the position. This might lead to a significant financial penalty, compounding an already unhappy situation.

The temperature’s rising and it’s a challenge for employers 

Summer 2024 may have been a mixed bag in terms of weather, but it has been a bag of extremes, with cycles of torrential rain followed by heatwaves.  And as the UK experiences increasingly hotter summers, the issue of high temperatures in the workplace is becoming a significant concern for employers.

For while short-term measures may mitigate the immediate risks of a heatwave, businesses need to consider the broader context of climate change and its impact on the working environment to develop a long-term approach.

While there is no specific maximum working temperature law in the UK, employers have a legal duty to provide a safe and healthy working environment under the Health and Safety at Work Act 1974. This includes taking steps to protect employees from excessive heat, whether they come into work or are working from home.

The law requires employers to assess risks to employee health and safety, which includes those arising from heat stress, and there is a specific requirement to consider how it impacts women of child-bearing age, including anyone who’s pregnant, breastfeeding or just had a baby, or anyone with health conditions or disabilities that can be affected by extreme temperatures.

And if a risk cannot be avoided or removed, the employer must allow the person to leave the workplace, with full pay, until the risk is over.

Said Miss Amy Cusworth, employment expert with Rotherham solicitors Oxley & Coward Solicitors LLP : “The real challenge is that there is no universal standard that sets out how hot is too hot.

“Factors such as the nature of the work, the physical demands of the job, and the individual characteristics of employees are all part of the mix.  Clearly a working environment involving heat generation, such as a bakery or a furnace will inevitably involve higher temperatures and those may be reasonable in that environment, when combined with the right level of worker protection, where it would be unacceptable in an office or retail shop.”

She added:  “The important thing is to identify the risks and tackle them when the weather is cool, and with a long-term strategy.  The mercury is rising year on year, and we have to face up to it.  Employers need to listen to employees and work to develop a safe and healthy working environment for the future.  Keeping policies up to date and making sure everyone understands their rights when the temperature does rise is an essential part of this. ”

Some common control measures to address high temperatures in the workplace include:

• Adequate ventilation or air conditioning
• Access to cool drinking water
• More frequent breaks
• Cooler rest areas
• Adapting work patterns or tasks to reduce heat exposure
• Personal protective equipment, such as fans or cooling vests

Health and Safety at Work etc. Act 1974

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Landlords learn how to navigate the Mental Health Breathing Space

Private residential landlords are being challenged to keep pace with current legislation and a scheme to support tenants through debt is one of the latest demanding a detailed understanding.

The Debt Respite Scheme, introduced in 2020, introduced a so-called ‘breathing space’ for tenants trying to manage debt, including those experiencing a mental health crisis.

The scheme was designed to offer a lifeline to tenants struggling with debt and while the scheme can seem a challenge for landlords facing arrears, understanding its implications is key to navigating the situation effectively.

The respite scheme provides for two types of breathing space: standard or in a mental health crisis:

• A standard breathing space lasts for 60 days and is available no more than once a year to anyone in debt who seeks help from a qualified debt advisor.
• A mental health crisis breathing space lasts for the duration of the tenant’s treatment now matter how long that lasts, plus at least an additional 30 days, including no annual restriction.

The breathing space scheme allows the tenant to apply for a temporary halt on certain debt recovery actions, including eviction proceedings based on rent arrears.

For landlords, this means they are limited on the action they can take during a tenant’s breathing space.

• Rent collection: Rent payments are still due during the breathing space, but you cannot pursue legal action for missed payments during this time.

• Eviction proceedings are paused: If you’ve already initiated eviction proceedings based on rent arrears, the court must adjourn them until after the breathing space ends.
• New eviction notices for rent arrears are on hold: You cannot serve a Section 8 notice seeking possession solely due to rent arrears accrued during the breathing space.
• Other eviction notices remain an option: You can still pursue eviction based on other grounds, such as property damage or anti-social behaviour.

Explained Miss Amy Cusworth, Company Commercial expert with Rotherham Solicitors Oxley & Coward Solicitors LLP: “While the breathing space can feel like a barrier to landlords in getting rent in, or property repossessed and re-let, it’s crucial to remember it’s a temporary measure aimed at helping a tenant who is experiencing a vulnerable period and these are inevitably more likely during the pressures of a cost of living crisis.

“You can ask for proof of the breathing space from the debt adviser working with the tenant and you can discuss options with the adviser, such as payment plans or rent adjustments for after the breathing space ends.  You can’t communicate directly with the tenant about rent arrears during this time, although you are allowed to communicate directly with essential information regarding the property, like repairs or safety hazards.”

Landlords considering how to guard against the potential financial impact of a tenant requesting a ‘breathing space’ may opt for a rent guarantee insurance policy.  They may also be able to use the ‘no-fault’ section 21 eviction process for a tenant on breathing space who is on an assured shorthold tenancy, as this form of eviction does not relate to the debt, but the process can take many months, and would likely require separate action to recover the debt after the breathing period.

Miss Cusworth added:  “While it can be challenging for landlords when no income is coming in, it’s important to understand and follow the regulations.  Get advice if you’re unsure, and keep meticulous records of all communications and the rent arrears.  And bear in mind that well-supported tenants are more likely to be good tenants in the long run.”

Additional Resources:

• GOV.UK – Debt Respite Scheme (Breathing Space) guidance for creditors: https://www.gov.uk/government/publications/debt-respite-scheme-breathing-space-guidance/debt-respite-scheme-breathing-space-guidance-for-creditors

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Mind your words and avoid discrimination at work

The office banter. The casual joke. The seemingly harmless comment. In a fast-paced world, it’s easy to overlook the power of language. But choose your words poorly in the workplace, and you could find yourself on the wrong side of the law.

The Equality Act 2010 protects employees from discrimination based on nine protected characteristics, including race, sex, disability, and age. It also provides protection against discrimination during pregnancy or maternity leave, whether because of the pregnancy itself, or because of illness suffered because of it.

And one recent case highlights how stereotypical comments about pregnancy can be unlawful.  Here, a pregnant employee successfully claimed for discrimination and constructive dismissal when her working relationship with managers became difficult after she announced her pregnancy, continuing through to her return after maternity leave.  In one exchange she was called ‘very emotional and tearful’ and the employment tribunal found that her male boss had ‘stereotyped’ her as ‘an emotional, hormonal, pregnant woman and that in the particular circumstances his description of her … was dismissive and belittling’.

“Language laden with stereotypes or assumptions can have serious consequences,” explained Miss Amy Cusworth, employment expert with Rotherham Town solicitors Oxley & Coward Solicitors LLP.  “This reaches into the heart of the culture of your organisation and it’s worth reviewing with managers the importance of being mindful of what they say.

“All of us carry unconscious biases and we may need to be encouraged to consider what those might be and how our use of language may reflect these biases.  Comments made as a ‘joke’ or even as a so-called compliment can cause problems, if they are uninvited and inappropriate.”

That’s demonstrated by another recent case, where a tribunal found that introducing a female employee as ‘glamorous’ in a business context was potentially a breach of employment law, saying: “Looked at objectively, it could be taken as undermining or belittling the person being described, making them seem less serious and professional.”  The case involved a female barrister employed by a local authority and the tribunal said that being introduced in this way had the potential to be harassment, as defined by the Equality Act.

Added Miss Amy Cusworth:  “The use of language sets the stage within the work environment, and  whether it’s directly unpleasant, or so-called banter that makes someone feel uncomfortable or excluded, it’s likely to result in low morale and decreased productivity, and could, ultimately, lead to legal action.

“So, making sure everyone is kept up to date on how to mind their words, through both workshops and internal resources, is an important step towards managing the risk.”

Some tips for employers to foster inclusion and avoid discrimination include :

• Be mindful of stereotypes: Challenge assumptions about people based on their protected characteristics.
• Use inclusive language: Address people by their preferred pronouns and avoid gendered terms for roles or tasks.
• Focus on skills and experience: Evaluate colleagues based on their abilities, not their background or gender.
• Educate yourself and your team: Have regular workshops and training on unconscious bias and inclusive language.

The Equality and Human Rights Commission (https://www.equalityhumanrights.com/) has resources which offers guidance on the Equality Act and inclusive workplaces.

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

The law and taking children out of school for holidays in term time

Every child in the UK must get an education. This starts from the school term after their fifth birthday and lasts until the last Friday in June of the school year in which they reach the age of sixteen. Education is compulsory in the UK and children can only miss school if they are either too ill to attend or have permission in advance from the school.

New statutory guidance has been issued by the Department for Education which will come into effect on 19 August 2024. The aim of the guidance is to help improve school attendance across the education sector.

Authorised absences

A parent or carer can approach the head teacher to ask for permission in advance of removing a child from school. If the head teacher grants the request, this will be considered an authorised absence. For example, a parent may ask that their child be excused from school to attend a wedding or a funeral and it is likely such a request will be granted.

Holidays in term time

Some parents book holidays outside the school holiday window to take advantage of cheaper pricing. They may ask the head teacher for authorisation to remove their child from school to take them on holiday. If the head teacher does not authorise the absence or if the parent simply does not ask for authorisation, the school will record the child as having an unauthorised absence.

Consequences of unauthorised absence

The new national framework requires local councils to consider issuing a fine where there has been five days or more unauthorised absence over a rolling period of ten school weeks. The five days’ unauthorised absence are described as ten sessions.

Fines will be levied on each parent. Up until 18 August 2024 the fine is £60, rising to £120 if the parent does not settle the fine within twenty-eight days. From 19 August 2024, the fine increases to £80 and £160 where the parent does not pay the fine within twenty-eight days.

The fine will take the form of a penalty notice. A penalty notice can be issued by the head teacher (or a deputy or assistant head), a local authority officer or the police.

Repeated or persistent unauthorised absences

Should the child have persistent unauthorised absences, the head teacher and local authority have additional remedies available to address the problem.

These include prosecution, parenting orders, education supervision orders and school attendance orders. These types of remedies will involve the local council social work department and are used in cases of persistent unauthorised absences. It is unlikely those taking children out of school during term time to go on holiday will be likely to face these types of orders unless it is a frequent occurrence.

Conclusion

If you do decide to go on holiday during term time, before you book, seek authorisation from the head teacher to remove your child from school. There will be no consequences if you receive authorisation. If your request for authorisation is denied and you go ahead and take your child out of school, you may face a fine if the absence from school lasts more than five days. Five days unauthorised absence is the trigger point. That means if there have been previous unauthorised absences unrelated to holidays, these will count towards the five days.

If you take your child out of school for more than five days during term time, each parent is likely to face a fine. Clearly, where parents have separated and only one parent is taking the child on holiday, the parent who is not going on holiday will not be affected by this. Perhaps the best option, to avoid a fine, is to take your children on holiday during the school holidays.

Compulsory purchase – what does this mean?

Owners have a right to peaceful enjoyment of their property. However, there can be occasions where that right is overcome forcing the owner to sell up and move out. One of these occasions is when the owner receives a Compulsory Purchase Order.

What is a Compulsory Purchase Order?

A Compulsory Purchase Order (CPO) is a mechanism allowing a public authority to gain possession of someone else’s property. This mechanism is also available to certain companies who provide public services. Examples include water or electricity companies.

If you receive a CPO, it means the authority intends to acquire ownership of your property and you will be faced with having to transfer ownership to them.

Why might a Compulsory Purchase Order be created?

A CPO might be created where there is to be a major development. For example, land required for a new hospital or a major housing development. It might be served by an electricity company who wish to create a new substation or a water company who wish to install a main sewer. Typically, new road and rail works lead to the issue of Compulsory Purchase Orders. One of the recent high-profile instances of the use of CPOs was the HS2 project.

What are the steps taken in creating and issuing a Compulsory Purchase Order?

When an public authority or utility company wishes to acquire land for a project, it goes through a series of steps.

The first step is to determine the extent of land required. They then need to identify the owners of the land they wish to acquire. Once this has been established, those who are affected are invited to object to the CPO. It then addresses objections either through written representations or a public enquiry. When these steps have been completed, the CPO is confirmed. The authority or company then takes steps to acquire ownership of the property that is subject to the CPO.

Can you object to a Compulsory Purchase Order?

Yes, you can. You should notify the issuing authority if you object to a CPO or make representations at any public enquiry. It is unlikely you will be recompensed for any expenditure you incur in objecting to the CPO.

Right to compensation

Those affected by a CPO have a right to compensation. However, the right only runs to putting you in no worse financial position than before the CPO was served. You will be paid the market value of the land (and buildings) and you may receive additional compensation where there are other costs incurred as a direct result of the CPO. An example of this would be removal expenses for moving house. The UK government has issued guidance in relation to making a compensation claim.

Making a compensation claim

To ensure you receive the correct compensation you should consider instructing a professional. Chartered surveyors can represent you in your compensation claim and reach an agreement as to the amount of compensation you should receive. The UK government has published a Compulsory Purchase model compensation claim form and guidance notes to assist in your compensation claim.

Summary

If you are served with a Compulsory Purchase Order, it is essential you obtain professional advice. Dealing with a CPO can be challenging. A solicitor or surveyor will guide you through the process should you wish to object. They will also ensure the compensatory payment you receive does not leave you out of pocket.

Standard Terms and Conditions for Small Businesses: What Should be Included?

Introduction

The business landscape, especially for small businesses, can often seem like a minefield. The key to navigating this successfully lies in establishing comprehensive standard terms and conditions (T&Cs). These T&Cs act as a compass, guiding the business relationship between you and your customers. This article delves into the importance of T&Cs, their components, and how to craft and update them effectively.

What are Terms and Conditions?

T&Cs, also known as business terms, terms of sale, or terms of service, are the legal contract between you and your customer for your supply of goods or services. They are the conditions on which you agree to do business with someone else, often on a non-negotiable take-it-or-leave-it basis. In the UK, it is crucial for businesses to have T&Cs in place to protect both themselves and their customers.

The Importance of Terms and Conditions

T&Cs are vital in setting out what you have agreed with a client or presenting the inflexible terms under which you will accept business. They act as a record of your contract, define the contract, set out business procedures, protect your business and your rights and limit your liability. Even if you are selling a low-value product or service, a disagreement with a client can take up significant time and possibly lead to reputational damage. Hence, having a comprehensive set of T&Cs is not only good business practice but also a trust-building measure with customers.

Components of Terms and Conditions

A well-constructed T&Cs document should include the following provisions:

Definition of the Contract’s Basis or Subject Matter

Your T&Cs should clearly state what you are selling. The products and/or services could be described in detail or by reference to another document, such as a sales brochure or your website.

The Price

This should include all variations and circumstances as well as provisions for price increase.

Payment Terms

This section should set out how you want to be paid and when, your contract should include non-payment and late payment provisions.

Definition of the Services Procedures

How much detail you should give depends on your business. Avoid cluttering your T&Cs with half promises and sales talk.

Provisions Relating to Carriage, Delivery, Risk and Insurance

Every business selling goods has its T&Cs to cover this area of activity.

What Happens While the Contract Runs?

In  a  contract  for  services which will take place over a period of time, you might want
to explain who will be responsible for which aspects of the service while the contract is
running.There can be any number of contract clauses depending on the nature of the
service to be delivered.

Termination Provisions

You need to consider how long your contract will last, the trigger for termination and the consequences of early termination.

Limitation of Liability

These terms limit the damages that you have to pay to your customer if your goods or services fail.

Protecting Your Business

This area is usually covered in a number of separate provisions.
Some such provisions might include force majeure (circumstances beyond  your and the customer’s control), confidentiality, or non-disclosure of information or restriction of the extent of any claim.

Intellectual Property Rights Protection

Your intellectual property may be very valuable. Use and ownership of intellectual property is particularly important in the context of an Internet business.

The Role of Privacy Policies

Privacy policies that outline how businesses collect, store, and use customer data are a crucial part of T&Cs. Businesses must comply with UK data protection laws, including the General Data Protection Regulation (GDPR) as present in UK law.

Compliance with UK Consumer Protection Laws

Businesses must adhere to UK consumer protection laws, including the Consumer Rights Act, which outlines the rights of consumers when purchasing goods or services. Any terms and conditions should be written in clear and concise language, and businesses should ensure that customers fully understand what they are agreeing to when making a purchase.

Crafting Your Terms and Conditions

Creating your terms and conditions can be done in several ways. It’s often recommended to instruct a lawyer to draft them, as using templates and examples can result in key business activities not being protected by agreement to the terms and conditions. Regardless of the method used, businesses should ensure that their terms and conditions are tailored to their specific industry and customer base and are written in clear and concise language.

Updating Your Terms and Conditions

Once your terms and conditions are in place, it is important to regularly review and update them to ensure that they remain relevant and effective. Businesses should review their terms and conditions at least once a year or whenever there are changes to laws or regulations that may impact them. It is also important to notify customers of any changes to the terms and conditions, including providing them with a copy of the updated document.

Legally Binding Nature of Terms and Conditions

T&Cs are legally binding and form a part of the contract between you and your customer. To ensure they’re enforceable, T&Cs should be made visible on your website and form part of your onboarding process when you take on a new client. It’s best practice to direct all new customers to your T&Cs and have them sign the document to say they have read them, or create an online click agreement.

Where to Place Your Terms and Conditions

Position your T&Cs in a prominent place on your website and ensure they’re easily accessible through hyperlinks. If you require a sign-up form from new customers, acceptance of your website terms should be mandatory, and definitive acceptance of them sought, e.g. “click this button to accept our Terms and Conditions”.

Changing Your Business’s Terms and Conditions

Most T&Cs include a provision that allows the business to change the Terms and Conditions at any time. If you have regular clients or customers, it’s best to inform them in writing that your standard T&Cs have changed and what this means for them. To avoid any misunderstandings that may lead to disputes, have the client or customer sign the new T&Cs to acknowledge receipt.

Conclusion

Having effective terms and conditions in place is essential for any UK business. They provide a clear understanding of the terms of sale or service, protect the business and customers, and ensure compliance with UK laws and regulations. By following the key considerations outlined in this guide, businesses can create terms and conditions that are tailored to their specific needs and customer base and that provide a positive experience for their customers. If you’re unsure about how to draft your terms and conditions or need help updating them, consider seeking legal advice. By taking the time to ensure that your terms and conditions are effective and up to date, you can protect your business and provide your customers with a positive experience.

The final stage on the rules for tipping and gratuities

New rules to ensure fairness and transparency around handling tips and gratuities will soon go live for hospitality and other service sector businesses.

These are designed to ensure an even-handed approach in situations where the employer has control over how tips are distributed.

From 1^st July 2024, a statutory code of practice will be in place, providing businesses and staff with guidance on how distribution of tips should be managed.  It follows on from the Employment (Allocation of Tips) Act 2023 which was put in place to make it unlawful for employers to withhold tips and service charges from staff.

“This code is the final stage in the tightening up of rules around how tips are handled in the workplace,” said employment law expert Miss Amy Cusworth  of Rotherham-based Firm Oxley & Coward Solicitors.  “Any employers operating a business where gratuities and tipping takes place must match up when the code of conduct comes into effect in July.”

The 2023 legislation was introduced to control tipping in the workplace and overcome situations where employers make deductions from tips or withhold service charges, with many so-called ‘administration’ charges levied where tips are given through card payments.

Previously, businesses often made deductions for the transaction fees on tips given via card payment, before passing cash on to workers.  Now, the whole sum is required to be passed on, without deduction.

The Code of Practice is intended to facilitate fairness and transparency and businesses will be required to:

• distribute tips to staff within one month of the end of the month in which the customer paid the tip; and
• have a written policy on the allocation of tips and maintain records of the distribution, unless they receive tips only occasionally and exceptionally

Miss Cusworth added: “Employers need to be aware that the fair distribution between workers includes all workers, except the self-employed.  So, where a business has a mixture of permanent staff, directly recruited staff, agency workers and zero hours contract workers in the same location, all of them must be included in the distribution of tips, however that is determined.

“The decision on how to distribute is open to employers, so it does not have to be the exact same proportion for all workers – for example, front of house may be treated differently to back of house – but it must be fair and reasonable and clearly set out in a written policy that workers can access.”

“Alongside, businesses may need a reminder that tips cannot count towards the national minimum wage,” added Miss Cusworth.  The National Minimum Wage Regulations (NMW) apply to any eligible worker, whether they are paid by the hour or some other basis, and calculations must be made to check if the equivalent hourly rate is at the right amount.  Any gratuities paid at work must be on top of the NMW.

Also, some restaurants may have what is known as a tronc scheme.  This is effectively a self-administered scheme for staff, with a troncmaster appointed to distribute tips between staff.  The employer is not able to influence the operation of the scheme or how tips are shared.

[This is not legal advice; it is intended to provide information of general interest about current legal issues]

Open your mind and secure the future

By : Trusts Expert  Chris Shaw, Oxley & Coward Solicitors LLP, Rotherham

There are few certainties in life, but as American statesman Benjamin Franklin famously wrote, two things we can be sure about are “death and taxes”.  Yet planning for our ultimate demise, or our decline along the way, is something that we frequently ignore and put off for another day.

It gets put off because thinking about death is difficult and complicated, or because of worries about the costs involved, or because people imagine there is no need.

Recent research[1] found that 42% of adults in the UK have not spoken to anyone about what should happen to their estate when they die, and a quarter of those surveyed said it was too morbid.

When questioned about their later life planning, around a fifth of those aged over 55 said they weren’t dealing with the issue because they had no concerns about what happened when they had gone.

But without a will, you can’t make sure that your family will be cared for in the way you would wish.  There is a persisting myth that a ‘common law’ partnership will provide security for couples who have not gone through a marriage or civil partnership ceremony.  But in fact, without a will nothing would go to the surviving partner, it will all pass to children, or if there are no children, then it will go to family, such as parents or siblings.

So, if you’re not married and have significant assets such as property in sole names, then a will really should be top of your list.  It’s also particularly important where there is a second marriage, with children from previous relationships.

The other vital element of this future planning is to think about who would manage your affairs and make decisions if you have an illness or accident that leaves you incapable of looking after things yourself.

Again, no one wants to think about how they may potentially lose themselves or a close relative to dementia, but the statistics force us to face up to the reality:  one in two of us will be affected by dementia in our lifetime, either by caring for someone with the condition, developing it ourselves, or both.  And the number of people living with dementia in the UK is predicted to exceed 1.5 million[2] by 2050.

Another common fallacy is that there is some automatic right for spouses, civil partners or children to look after finances when someone loses mental capacity or becomes unable to deal in person.   But there is no such right – the only certain way that relatives or trusted friends can handle your affairs is to sign a Lasting Power of Attorney while you are mentally capable and to register it with the Office of the Public Guardian.  The alternative is that the Court of Protection will appoint deputies, and the deputy may be someone who does not know the individual.

A Lasting Power of Attorney (LPA) is a document by which someone can give another person legal authority to make decisions and act on their behalf.  It can be used when someone has become mentally incapable of handling matters themselves or if they want someone to act when they have issues in dealing with matters in person.

As a legally binding document, recognised by banks and other financial institutions, an LPA for property and finance allows the person appointed to make financial decisions on behalf of the individual if they are unable to make those decisions themselves, running bank accounts and paying bills as well as managing property, pension, taxes and investments.  For those who are self-employed or a company director, an attorney can be appointed under a separate LPA limited to business matters.

In contrast, a health and welfare LPA cannot be used until mental capacity has been lost. It covers matters such as where someone lives, decisions on medical care and consenting or refusing life sustaining treatment.

Anyone over 18 can set up an LPA, and at any point during their lifetime, as long as they have ‘mental capacity’ to make the decisions involved in drawing one up.  The person appointed to act is known as an attorney and will often be a family member or friend who is available to help manage day-to-day affairs.  Professionals can also be appointed as attorneys if there is no suitable friend or family member.

And while vital for the vulnerable and those who are housebound or unable to conduct their own affairs, a financial property and financial affairs LPA can be used as soon as it has been registered, as long as the person who granted the LPA agrees.  This means they are equally useful if an individual is regularly out of the country and wants someone to act for them while they are away, or for a person suffering from physical disability, or where someone has all their faculties but does not want to have to deal with everything themselves.

The process of applying for an LPA has become much simpler since an online system was introduced a few years ago, but there is concern about the impact of a dramatic rise in the number of lasting powers of attorneys submitted for registration, leading to huge backlogs and delays.

Figures from the Office of the Public Guardian, the government body responsible for registering lasting powers of attorney, reveal in their latest annual report that the number of applications rose to 1,073,032 applications in the year reported.  This surge in applications and the resulting delays reflects a continuing catch-up from the Covid pandemic when just 691,746 were made in the year 2020/21.

It’s worrying to see the delays, as without an LPA in place it is much more difficult for anyone to step in and manage affairs once someone has lost mental capacity.  The only option is to go through the slow and costly process of applying for permission to act on someone’s behalf through the Court of Protection – this process is also affected by delays of many months, and even when a Court-appointed deputy is in place, actions by the deputy may have to be approved by the Court.

The other alarming statistic is the rise in the number of applications being rejected by the OPG, often because individuals have drafted their own terms or permissions, and these are outside those allowed.

An LPA is an essential element of lifetime planning and it’s the only way you can be sure that someone of your choice is able to deal with your affairs and make decisions for you.  But these are critical documents so it’s important to get professional advice and build in the right protections from the outset.  Expert knowledge can ensure you have an LPA that reflects your wishes and protects against possible financial abuse.

There may be uncertainty ahead, but the two certainties you can control are how your assets are handled when you can’t manage them yourself and ensuring that inheritances are secure and go to those you care about.

So, to paraphrase Benjamin Franklin, “nothing is certain, except your will and your LPA…!”.

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

[1] The National Will Register

[2] Alzheimers Research UK

Getting ready to take your best shot in a rumbling housing market

There are rumbles of a revival in the housing market with inflation down and an expectation that the Bank of England will soon make a base rate cut.  That’s been enough encouragement for high street lenders to drop their mortgage rates.  The cuts – of up to 0.45 per cent – are expected to give a further boost to house sales, which have shown an upturn already during the first quarter of the year.

More than 84,000 sales completed in March according to HMRC, and mortgage approvals were up 20 per cent on the same month last year[1].  The property portal Zoopla is predicting the housing market is on track for 1.1 million sales this year – a 10 per cent increase on 2023.

But with the house sale process averaging around 12 weeks, and unexpected setbacks often adding eight weeks or more to the process, motivated home movers are being encouraged to get organised before they kickstart any sale or purchase.

The factors that can affect getting a sale over the line swiftly often start with lost or mislaid paperwork, or failing to get financial matters and in-principle mortgage offers sorted before starting the process.  Once underway, delays are frequently caused by slow mortgage valuations and surveys, or local searches to identify any planning matters that affect the property.

And the longer the chain of buyers and sellers, the more likelihood of delays among all the different players.

For those who are selling after many decades in the family home, the bumps in the road are often due to changes that have taken place in terms of how title deeds are held and the sort of information required when going through the sales process.

Any property bought before 1991, with no subsequent change of mortgage or owners, may not be on the digital register of the Land Registry, the government department which maintains a record of information about land and property ownership and interests.

Whenever any land or property is bought, transferred or mortgaged, there is a legal requirement to register the transaction at the Land Registry, and since 1991 all titles have been stored electronically, replacing original paperwork.  Once registered, they are an easily accessible record for all, showing who owns the property together with any charges, such as mortgages, and any details on rights of way or other important matters that relate to the property.

But if no transactions have taken place, then all the deeds and documents to prove ownership of your property will still be in paper form.   Typically, banks and building societies used to hold these for safekeeping until a mortgage was repaid and would then send the document bundle to the owners.

“It’s surprising how many properties in England and Wales are still not registered and this means that paperwork will need to be found and submitted to the Land Registry in the event of a sale.  This is going to add to the timeline, so if a property isn’t yet on the digital register, then ideally owners would get this sorted before the property goes on the market.  Otherwise a sale could fail if there are any queries and it takes a long time to get them resolved. You will need to make sure you have all the paper deeds tracing ownership of the property back through the years,” explained Miss Dawn Cherry conveyancing expert  of  Rotherham Town-based Firm Oxley & Coward Solicitors LLP.

 “When you’re selling, being prepared really pays off.  And even if you have a property that is on the digital register, you may still have a bundle of deeds and conveyancing documents that are relevant.  These old deeds may contain detailed information that does not appear in the digital records.”

Other key paperwork that will be required includes any relating to modifications to a property that required planning permission, or building regulations consent.  Here, certificates will be required to show these aspects have been properly followed through. For leasehold property, any works requiring approval by the freeholder will need to be documented too.

She added: “Sellers who want to get ready before they go to market should ensure their solicitor has examined the title, lined up all the paperwork, anticipated any problems and dealt with them in advance.  It’s a tactic that avoids delay later and means they are ready to act immediately when a buyer is found, and avoids potential fall-out when a slow-down occurs.”

Quick check list:

• Instruct a lawyer when you put your house on the market or, if you have nothing to sell, when you start your house search
• Look out all the conveyancing paperwork from when you bought the property including any paper documents needed to prove your ownership and the title to the property
• Check you have all the other necessary documents needed to complete the legal paperwork, including:
  • Planning permission and building regulations for any works carried out by you or previous owners
  • Installer and product certificates for any gas, oil or electrical works and for windows
• If the property is leasehold, request an up-to-date management pack
• When you receive an offer, check if the buyer is well prepared with legal and financial matters in place before accepting, or give a deadline for arrangements to be made before you accept
• Every source of funds must be validated and sources checked. If a deposit or capital contribution is being gifted or loaned to you or your buyer by anyone, make sure this is cleared through the necessary money laundering process well in advance.
• Keep a calendar check on the validity of your mortgage offer and other time-sensitive components, and apply for any necessary extensions in good time
• Ask about holidays from everyone in the chain and those of their lawyers, to enable forward planning to avoid last minute derailments

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

[1] Bank of England

Commercial Landlords: Understanding Your Responsibilities

As a commercial landlord, it can often feel like you’re navigating a maze of obligations and responsibilities. From ensuring the safety of the premises to managing the terms of your lease agreements, it’s a line of work that requires careful attention to detail. Knowing exactly what your buildings are being used for by tenants is an important part of this. In this guide, we delve into the key responsibilities that you must be aware of as a commercial landlord.

Understanding your Obligations as a Commercial Landlord

As a commercial landlord, your obligations are wide-ranging and encompass various facets of the property you are leasing. These responsibilities are designed to protect both the landlord and the tenant.

Health and Safety Responsibilities

As a commercial landlord, ensuring the safety, security, and overall welfare of your tenants is paramount. You are required by law to ensure that the property, and often the building’s communal areas, are safe for occupation.

Key aspects of health and safety responsibilities include:

• Maintenance and Repair: Landlords are responsible for maintaining and repairing any fixtures and fittings they own. This includes items attached to the property, like heating or lighting systems.
• Electrical Safety: Landlords are legally obligated to ensure the property’s electrical system is safe. This includes organising regular safety inspections by a registered electrician.
• Gas Safety: The responsibility for gas safety can either fall with the landlord, the tenant, or both, depending on the lease agreement. As a landlord, you may be required to arrange annual gas safety inspections.

Asbestos Management

Asbestos management is a critical aspect of a landlord’s responsibilities. If asbestos is discovered in the property, the landlord must comply with the Health and Safety Executive’s guidance to ensure the safety of all occupants. Failure to manage asbestos risks can result in hefty penalties.

Fire Safety

Landlords and tenants often share responsibilities for fire safety. As a landlord, you are typically responsible for ensuring fire regulations are adhered to in common areas like staircases and lifts and for maintaining fire safety equipment.

Energy Efficiency and Electrical safety

It is advisable for a commercial landlord to have their property surveyed and an Electrical Condition Report (EICR) written by a registered electrician who will also need to inspect the property at least once every five years.

As of April 2023, commercial landlords must ensure that their properties have a minimum Energy Performance Certificate (EPC) rating of E. It will be illegal to let out a property that does not meet this standard.

Maintenance and Repairs

The lease agreement will outline the landlord’s responsibilities for maintenance and repairs. Typically, landlords are responsible for structural repairs, including the foundations, flooring, roof, and exterior walls.

Insurance

Commercial landlords are typically responsible for arranging building insurance. This provides financial security in the event of property damage.

Understanding the Lease Agreement

The lease agreement forms the basis of the landlord-tenant relationship. It outlines the terms and conditions of the lease, including the duration of the lease term, the amount of rent to be paid, the permitted use of the property , and the responsibilities of both parties.

As a landlord, it’s essential to understand and abide by the terms of the lease agreement. Failure to do so could lead to legal disputes or financial penalties.

How to Ensure Compliance

As a commercial landlord, ensuring compliance with these responsibilities can seem daunting. However, it is entirely achievable with proper management and a clear understanding of your obligations

Key steps to ensuring compliance include:

• Regularly reviewing and updating your lease agreements to ensure they reflect current laws and regulations.
• Conducting regular inspections of the property to identify any maintenance or repair issues.
• Engaging professionals for regular safety inspections and maintenance of gas, electrical, and fire safety systems.
• Keeping open lines of communication with your tenants to address any concerns or issues promptly.

The Code for leasing business premises in England and Wales

The code for leasing business premises in England and Wales sets out the responsibilities of commercial landlords and tenants. While there is no legal obligation for landlords to follow the code, it is authorised by regulatory bodies including, the British Council for Offices, the British Retail Consortium and the Confederation of British Industry. The code covers:

• Alterations and changes of use
• Assignment and subletting
• Insurance
• Lease negotiations
• Ongoing management and service charges.
• Rent guarantees and deposits
• Rent reviews
• Service charges
• Term lengths, renewal rights and break clauses.

The Code is useful for commercial landlords as it sets out best practice.

Conclusion

Being a commercial landlord comes with a host of responsibilities. By understanding your obligations and ensuring your properties are safe, well-maintained, and legally compliant, you can create a positive relationship with your tenants and ensure the longevity of your commercial properties. Remember, the obligations of a commercial landlord are not just legal requirements but also critical elements in protecting your investment and the wellbeing of your tenants.

For more detailed advice and guidance on your responsibilities as a commercial landlord, it is always advisable to seek legal advice, ideally from a commercial property lawyer.

Delays and knowledge gap hit hard for splitting couples 

Divorce rates are on the decline according to the latest official statistics, with just over 80,000 completed in 2022, down by almost 30% from 113,505 in 2021, but delays in the family courts mean couples are waiting longer than ever to finalise the parting of their ways. 

While the figures show the lowest rate of divorce since 1971, the introduction in April 2022 of new legislation that set out minimum waiting periods at key stages of the process may have slowed down the numbers reaching the stage of final order.

The Divorce, Dissolution and Separation Act also introduced a major change with ‘no fault divorce’, allowing couples to act by joint agreement, rather than having to attribute blame to one party, or go through a period of separation.

In overhauling the divorce and the family court process, the government also proposed that couples be required to enter mediation before making a court application.  Backed by a mediation voucher scheme, the aim was to reduce the number of cases going to court, but following consultation, which highlighted the potential for domestic abusers to intimidate, the government has withdrawn plans to make it obligatory.  Instead, they will encourage mediation where it is safe, but will run a pilot to look at ways to fund the provision of early legal advice for parents to ease the process.

This looks to be increasingly important, with research by Bristol University for the Nuffield Foundation suggesting that many couples are simply figuring out money matters themselves, without any legal guidance or process, and this is often leaving women worse off.

The report says most divorcing couples are not accessing any support when making key arrangements including housing, pensions and ongoing maintenance.  And unlike the news headlines of rich spouses dividing the spoils, the researchers found that the median value of assets owned by divorcing couples was just £135,000.

Family law expert Lizzie Bell of Rotherham-based solicitors Oxley & Coward Solicitors LLP explained:  “Lack of advice means a fair outcome isn’t being achieved in many divorces, and better access to legal advice is an important way to overcome this so the government’s latest announcement is welcome.

“For those going through the stress of separation, and perhaps already trying to run two homes, getting professional guidance may feel like an expense to be avoided, but knowing your rights and having someone in your corner to support you is often a game-changer, both for financial equity but also in terms of wellbeing through the process.”

Official statistics show that divorce proceedings are taking up to a year to complete, and where the court needs to decide arrangements over children or over financial arrangements, it can take up to two years.  The data from the courts supports the Nuffield research, with official figures showing 40% of divorcing couples went to court without legal representation during the period January to March 2023.

In the latest reporting from the Official for National Statistics, the highest number of divorces for opposite-sex couples in 2022 was in those who had been married for more than 30 years, involving 6,683 couples.  Outside that group, the highest number of divorces were recorded by those who had been married for seven years, with 4,143 divorces, and the median duration for all same-sex couples was just under 13 years.  For same-sex divorces in the period, the median duration of marriage was 7.5 years for male same-sex couples and 6.3 years for female same-sex couples.

She added: “With high numbers of long marriages ending, combined with the long delays in the family courts, it’s important that couples review their wills at the point of separation to be sure they reflect their wishes from that point on.  And if they haven’t made a will, then this is the time to think about making one.

“An existing will leaving everything to your spouse remains valid until the final order for divorce is confirmed, even if you have separated or received your conditional order, as the marriage has not yet ended officially.  It is only after the final order that an existing will, or the part referencing your ex-spouse, will become invalid.  The same principle applies if you don’t have a will; until you have the final order, your yet-to-be ex-spouse is treated as if you were in an ongoing relationship.”

Before the new legislation was introduced in 2022, the two stages of conditional and final order were known as decree nisi and decree absolute.

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Why employers need a reflective response to employee beliefs

Recent tribunal judgements on freedom to express gender critical views highlight the growing challenge for employers in safely navigating discrimination in the workplace in the face of increasingly complex social attitudes.

In one victory for gender-critical views, an employment tribunal said that being branded transphobic for holding gender critical views and expressing them was an insult.

Jo Phoenix, a criminology professor at the Open University, had established a network to undertake gender critical research but found herself blocked from speaking on the topic. The tribunal ruled she had suffered victimisation, harassment and direct discrimination due to the university’s failure to protect her from ill treatment arising from her gender-critical beliefs.

This followed hard on the heels of a discrimination ruling in favour of Rachel Meade, a social worker in Westminster City Council, who posted feminist views about the gender debate on her private Facebook page.  A transgender colleague, who was connected on Facebook, complained the views were transphobic and Social Work England responded by initiating a fitness to practise investigation, which triggered Meade’s suspension by her employer.

Criticising the action, the tribunal judgment said this was “indicative of a lack of rigour in the investigation, and an apparent willingness to accept a complaint from one side of the gender self-identification/gender critical debate without appropriate objective balance of the potential validity of different views in what is a highly polarised debate”.

In the UK, the Equality Act 2010 prohibits discrimination and harassment that is related to a protected characteristic.  These are age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation; also pregnancy and maternity where the protection against harassment is subject to slightly different rules.

Harassment is unlawful and occurs when a worker is subjected to unwanted conduct related to a protected characteristic that violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.  Examples include making offensive sexual comments, or abusing someone for their race, religion or sexual orientation.

It means all employers have a duty of care to protect their workers and may be liable for discrimination or harassment in the workplace if they have not taken reasonable steps to prevent it.

Said employment law expert  Miss Amy Cusworth  of Rotherham town solicitors Oxley & Coward Solicitors LLP :  “These tribunal cases highlight the growing pressure on employers to keep pace with both the law and changing attitudes across society.

“Employers are undoubtedly finding it increasingly difficult to deal with complaints where an employee’s beliefs conflict with those of their organisation, other staff or customers, and are searching for clear guidelines.  But it’s not possible to define in black and white terms as each case is fact sensitive.  Having up to date equal opportunities policies is important, but more important is to avoid taking sides without proper review and investigation.

“Perhaps the simplest takeaway is to reflect carefully, recognising that when people voice beliefs they may not fit neatly into a right or wrong category, even though others may find them distasteful or distressing.”

J Phoenix v The Open University

R Meade v Westmister City Council and Social Work England

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Understanding Dyscalculia: A Comprehensive Guide for Employers

This article aims to provide a comprehensive guide for employers regarding dyscalculia, a mathematical learning difficulty affecting approximately 5% of the UK population. In it, we’ll look at dyscalculia, its impact on employees and the legal obligations employers have under UK law to support neurodivergent employees.

Understanding Dyscalculia

Dyscalculia refers to a specific learning difficulty concerning mathematics. It involves difficulty understanding number concepts, performing calculations, timekeeping, measurement and spatial reasoning. On the other hand, individuals with dyscalculia often exhibit strengths such as creativity, strategic thinking, problem-solving and intuitive thinking.

Legal Perspective

In the UK, the key legislation concerning workplace neurodiversity is the Equality Act 2010. It consolidates and expands previous equality laws, protecting neurodivergent workers, who are likely to be classified as ‘disabled’ under the act. This affords them vital rights to reasonable adjustments, along with protection against discrimination, harassment and victimisation.

Defining Disability under the Equality Act 2010

For a condition to be considered a disability under the Equality Act 2010, it must be a ‘physical or mental impairment’ that ‘has a substantial and long-term adverse effect’ on a person’s ‘ability to carry out normal day-to-day activities. Therefore, neurodivergent conditions like dyscalculia, which are lifelong cognitive differences, likely meet the legal definition of ‘long-term’.

Dyscalculia in the Workplace: Challenges and Opportunities

The symptoms of dyscalculia can pose challenges for individuals in their professional lives. These may include difficulties with understanding and working with numbers, performing calculations, and remembering mathematical facts, issues related to negative attitudes, time-keeping and planning schedules.

However, supporting neurodivergent employees can offer unique opportunities for organisations. The distinctive cognitive profiles of neurodivergent individuals can bring novel perspectives, creative problem-solving and unique skills to the workplace.

Managing Dyscalculia: Reasonable Adjustments

The Equality Act 2010 requires employers to make ‘reasonable adjustments’ for disabled employees to alleviate any substantial disadvantages they might face. These adjustments can be simple and inexpensive but significantly improve workers’ happiness and performance.

Examples of Reasonable Adjustments

Examples of reasonable adjustments for dyscalculic employees can include:

• Using a calculator for tasks involving calculations
• Employing calendars and schedules to plan daily activities
• Setting alarms to keep track of time
• Structuring breaks into long meetings
• Providing a second computer screen
• Agreeing on a later start and finish time to avoid rush hour
• Varying dress code
• Providing noise-cancelling headphones to workers who are hypersensitive to sound
• Varying role responsibilities or agreeing to a transfer to a similar post, where appropriate
• Providing coaching or a mentor system

Implementing Reasonable Adjustments

While identifying potential adjustments, employers should always consult with the worker and not implement changes without their consent. If an employer can’t afford an adjustment, the worker might be eligible for support under the Access to Work scheme.

The Public Sector Equality Duty

The Equality Act also places an additional ‘public sector equality duty’ on public sector employers. This duty requires them to eliminate discrimination, advance equality of opportunity and foster good relations between disabled and non-disabled people.

Legal Considerations: Proving Disability

When an employer disputes that a person has a disability under the Equality Act, the burden of proof falls on the claimant. For invisible disabilities, such as dyscalculia, this is likely to involve providing or commissioning expert evidence.

Conclusion

Understanding dyscalculia and its implications is crucial for employers to ensure a diverse, inclusive, and productive workplace environment. By recognising the unique strengths of neurodivergent employees and making reasonable adjustments, employers can not only comply with the law but also create a workplace that values individual strengths and promotes innovation.

A Comprehensive Guide to Purchasing a House Without Viewing in the UK

Owning a property is a significant milestone, and the process usually involves a great deal of planning and research. However, in some cases, you may find yourself considering purchasing a house without viewing it first. While this may seem daunting, it is a practice that is becoming increasingly common, especially in today’s digital age. This article will provide you with an extensive guide on how to navigate this process, highlighting the potential risks and strategies to mitigate them, and ensuring you make an informed decision.

Understanding Sight Unseen Purchases

When we refer to buying a house “sight unseen,” we mean purchasing a property without physically touring it first. Instead, you may rely on photographs, video clips, virtual tours, and comprehensive research into the property and its surroundings.

When to Consider Buying a House Without Viewing

There are several situations where you might consider buying a house without viewing it in person. For instance, if you are relocating to a different part of the country or even internationally, it might be challenging or impractical to visit properties in person. You may also consider this option if you’re dealing with a highly competitive housing market and need to act quickly to secure a property. Another case could be if you’re a confident property investor looking to outbid competitors.

When to Exercise Caution

While there may be situations where buying a house without viewing is practical, there are also circumstances where you should exercise caution. For example, if you’re a first-time buyer or unfamiliar with the local housing market, it could be riskier to make a sight-unseen purchase. Visiting a property in person can provide valuable insights into the location, the condition of the property, and other factors that may not be apparent through virtual viewing.

Risks Involved

There are several risks associated with buying a house without viewing it first. The primary concern is the unknown property condition. Misrepresentation in online photos and descriptions can also be problematic, potentially leading to unexpected issues post-purchase. Furthermore, unfamiliarity with local housing market dynamics can result in overpayment or missed opportunities.

Strategies to Protect Yourself

To navigate the risks associated with buying a house without viewing, it’s crucial to adopt strategic approaches. Thorough research, utilising technology effectively, enlisting the help of local contacts, and commissioning a comprehensive property survey are just a few ways to safeguard your investment.

The Role of a Skilled Real Estate Agent

One of the most critical steps when buying a house sight unseen is choosing a reliable and experienced real estate agent. Your agent will be your boots on the ground, providing you with detailed local information, conducting video tours, and helping calculate the risks associated with the property. It’s essential to find an agent who is tech-savvy, knowledgeable about the local market and comfortable with negotiation.

Mortgage Preapproval: An Essential Step

Mortgage preapproval is an essential step in the home buying process, whether you’re buying a house sight unseen or not. Preapproval can help you shop for homes within your price range and show sellers that you’re a serious buyer. This can be particularly advantageous in a competitive market.

Virtual Property Tours: A Game Changer

Thanks to advancements in technology, virtual property tours have become a game-changer in the real estate industry. They allow you to have an interactive experience while touring the property from the comfort of your own home. However, it’s crucial to remember that no matter how high-quality the virtual tour is, it can’t fully replicate the experience of physically being in the property.

The Importance of Thorough Home Inspections

Whether you’re buying sight unseen or not, it’s always advisable to get a thorough home inspection. This can help uncover potential issues with the property that might not be visible in photos or during a virtual tour. If you can’t attend the inspection in person, consider setting up a video call with the inspector during the examination.

Making an Offer on a Sight Unseen Property

Once you’re satisfied with the property’s condition based on the information available, you can proceed to make an offer. This process is similar to a traditional property purchase, but it’s crucial to rely on contingencies that require specific criteria to be met before finalising the deal.

Exchanging Contracts

Once all inspections, searches and enquiries have been completed and the contract has been agreed, you’re ready to exchange contracts. This can be done virtually, with the necessary documents being signed and exchanged electronically.

Pros and Cons of Buying a House Without Viewing

Buying a house sight unseen comes with its pros and cons. On the plus side, it offers a quick and convenient way to view and purchase property, which can be advantageous in a competitive market. On the downside, there are risks associated with not physically viewing the property, such as potential structural issues and a lack of familiarity with the local area.

In conclusion, while buying a house sight unseen can be a viable option in certain circumstances, it’s essential to understand the risks involved and take measures to mitigate them. It’s important to note that conveyancing law and estate agency practices vary between the jurisdictions of the UK, including England and Wales, Scotland and Northern Ireland.  By doing your research, working with a skilled estate agent, and taking advantage of technology, you can navigate this process successfully. However, it’s always advisable to seek professional advice before making such a significant decision.

Gaining possession of your property – Landlords – Section 8 notices

What form of notice should you use:

The form of notice used to make your tenant aware that you wish to gain possession of your property will depend on several factors, such as the type of tenancy agreement you have your reason for wanting to regain possession of your property.

• If you have an Assured Tenancy, you may only use the section 8 procedure.
• If you have an Assured Shorthold Tenancy, you may potentially use the section 8 or section 21 procedure.

When you have the option of using either the section 8 or section 21 procedure, you must consider your reason for repossession. For example, if possession is required because your tenant is in rent arrears and you want to recover those arrears, then a section 8 notice could be more appropriate. Rent arrears are not recoverable under the section 21 procedure. If your aim is simply repossession of the property, then the section 21 procedure could be more appropriate as if the notice is served correctly possession should be granted and the case could be dealt with without a hearing, making it more cost effective. However, beware. You cannot serve a section 21 notice to bring a tenancy to an end before date when the fixed term of the tenancy would come to an end.

When a section 8 notice can be used:

Serving a section 8 notice is governed by Section 8 of the Housing Act 1988.  Under the section 8 procedure, there are mandatory and discretionary grounds that a landlord can use to gain possession, under which the Courts will, or may under their discretion, order possession of a property.

Some examples of the mandatory grounds, where the courts must grant possession include:

• The landlord requires the property to use as their principal home;
• The tenant has engaged in anti-social or criminal behaviour; or
• There are serious rent arrears (i.e. when rent is payable monthly, the tenant is at least two months in arrears).

Some examples of the discretionary grounds which can be relied upon, upon which the court may order possession, include:

• There is suitable alternative accommodation which can be made available to the tenant;
• The tenant persistently delays in payment of rent; or
• The condition of the property has worsened due to the tenant or their occupants.

Length of Section 8 Notice:

After establishing which ground(s) you want to rely upon, notice must be validly served on the tenant in the form prescribed by the legislation, and must be give the correct amount of time for the tenant to vacate the property. The length of time the tenant must be given before they have to leave the property, depends on which grounds you are giving notice under, and ranges between two weeks’ and two months’ notice.

After the notice period has ended, if the tenant has not vacated the property, you have one year from the date of the notice to start possession proceedings in the court to enforce the notice and ask for a possession order to be granted.

Section 8 Possession Proceedings:

To begin the possession proceedings, you must complete a claim form and particulars of claim form. These forms will include details of the grounds you specified in the original section 8 notice which you served that you are relying upon to gain possession, evidence relied upon to persuade the court the ground exists and can be relied upon (e.g. evidence of the rent arrears outstanding), along with personal information about yourself and the tenant.

If everything is in order, the court will issue the claim, returning the sealed forms for you to serve on the tenant or confirming it has served the tenant for you. The next steps will vary depending on the course of action the tenant chooses. They may acknowledge service, raise a defence to the claim or do nothing. The matter will be listed for a hearing in front of a court judge. On the hearing date the case will be heard in front of a judge, who may order possession of the property, make directions for steps to be taken by you and the tenant before a subsequent hearing takes place, or it may dismiss the claim if not all of the paperwork is in order.

If you are successful at a hearing, an order for possession will be made. If you are unsuccessful in obtaining a possession order, the tenant may continue to remain in the property until they move out on their own accord and surrender the property back to you, you can negotiate bringing the tenancy to an end by agreement, or a possession order is later obtained from the court.

Order for possession by the Courts:

After an order for possession is made by the Courts, the tenant is legally required to leave the property on the date specified. If they fail to leave, you must instruct bailiffs to act on your behalf to remove the tenant from the property, otherwise you could be at risk of unlawfully evicting the tenant.

Advice

Seeking advice from a law firm experienced in landlord and tenant disputes is highly recommended, to assist in determining the correct form of notice is prepared and served on your tenant(s), which can then be relied upon if the tenant doesn’t move out and court proceedings become necessary. There is no guarantee that a tenant will move out on receiving a notice asking them to, but by ensuring your paperwork is in order, you are likely to stand the best chance at obtaining a possession order and being able to recover your property even if the help of bailiffs are later required.

Get in touch today if you are experiencing landlord and tenant issues, to see how we can help.

Court clash over whether a location is a singular destination

The city of Cambridge is renowned around the world.  It is home to one of the oldest and most prestigious universities; it is the place where the laws of association football were first developed; and more recently it has become the beating heart of the high-tech sector in the UK, being known as Silicon Fen.

But using the city name is becoming an increasing challenge for local organisations, with the university making challenges to those using it in their branding.

In the latest case, a small company called Cambridge NeuroTech has spent £30,000 fighting a trade mark challenge by the university, which wanted to prevent the company using the word ‘Cambridge’ in its name.

Registering a trade mark is one of the ways of protecting intellectual property and can be used to protect a brand, such as the name of a product or service.

Once registered, a trade mark owner can use the ® symbol and take legal action against anyone using their brand without permission.  They can also sell and license their brand to others.

To register a place name, anyone applying for a trade mark would need to show it means more than the place itself; it needs to show the name is aligned with the specific goods or services for which it has been registered, to demonstrate an ‘acquired distinctiveness’ .

The university applied for the trade mark saying the name ‘Cambridge’ was often used on its own to refer directly to the university, or its work, and arguing this gave the trade mark the necessary ‘acquired distinctiveness’ in the context of activity aligned with its own.  But while some of the aligned activities registered by the university are obvious, such as university education services or teaching apparatus and instruments, others seem less so, such as stickers, bibles and satellite telephones.

The university argues it is protecting itself, not making any claim to the city name, saying in a statement: “We protect the Cambridge name where there’s a risk of confusion with the work of the university. This is to prevent people from being misled and to support our global mission in education, research and innovation. We do not claim to own the rights to Cambridge across all fields of activity and have never done so.”

Other companies challenged by the university include Cambridge Football Club, Cambridge Rowing, Cambridge Blue Lager, Cambridge Molecular, Cambridge Spark, and Cambridge Quantum Computing.

“Although Cambridge NeuroTech won its fight against the university, it came at a heavy cost and was only a partial victory as the Court directed that the company’s use of the name Cambridge could only be used for goods and not for services,” explained commercial expert Miss Amy Cusworth of Rotherham town solicitors Oxley & Coward Solicitors LLP.

“It is easy to see how small, local businesses in Cambridge may feel they are being strong-armed by the university, considering all the resources at the university’s disposal.  Yes, it’s a place name with a strong association with the university, but it’s also a city where people live and it’s understandable they may wish to highlight they are locals when it comes to their business name.”

They added:  “While this may seem an unusual and unique case, it is still a reminder of the need to ensure all intellectual property matters are reviewed early on when building a business.  It’s costly and time consuming if you end up in court facing a challenge, and equally important are the resources used in establishing awareness with customers, if you find yourself forced to re-brand and start over.  And don’t forget that it’s only the start once you have the registration approved, as it has to be renewed after 10 years.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Legal Tips and Requirements for Launching Your Business

Starting a business in the UK can be an exciting and rewarding endeavour. However, navigating the legal requirements and obligations can be complex and overwhelming. To help you on your journey, we have compiled a brief guide to the legal tips and requirements for launching your UK business. From registering your business to understanding employment law and consumer protection, this article will provide you with an overview of the information you need to consider to achieve compliance and success.

1. Choose Your Business Structure

Before you embark on the process of starting a business in the UK, you must first decide on the appropriate business structure. The most common options include being a sole trader, a limited company, or a partnership. Each structure has its own legal implications and requirements. It is important to carefully consider the advantages and disadvantages of each option before making a decision.

Sole Trader

A sole trader is an individual who runs a business on their own.  It’s the simplest form of business structure, with the individual being the sole owner and responsible for all aspects of the business.  The owner retains all profits but is also personally liable for any debts or legal issues the business may face. Many choose this option as it offers flexibility and minimal administrative requirements, making it easy to set up and manage.

Limited Company

A limited company is a separate legal entity from its owners (shareholders). The company’s liability is limited to the value of its assets, and shareholders’ personal assets are generally protected from business debts.  There are two main types of limited companies in the UK: private limited companies (Ltd) and public limited companies (Plc). Setting up a limited company involves more administrative work and financial reporting obligations compared to being a sole trader. The ownership is determined by shareholding, and profits can be distributed to shareholders as dividends.

Partnership

A partnership involves two or more individuals (or other entities) coming together to run a business. Partners share responsibilities, profits, and losses based on the terms outlined in a partnership agreement. There are different types of partnerships, including general partnerships and limited partnerships. In a general partnership, partners have joint and several liabilities, meaning they are collectively and individually responsible for the partnership’s debts. Limited partnerships consist of general partners who have unlimited liability and limited partners who are only liable up to the amount they have invested.

2. Register Your Business

Once you have chosen your business structure, the next step is to register your business. This process will vary depending on the type of business structure you have selected. For instance, if you are a sole trader, you will need to register with HM Revenue and Customs (HMRC) for tax purposes. On the other hand, if you have opted for a limited company, you will need to register with Companies House.

3. Business Insurance

Protecting your business is crucial, and obtaining the appropriate insurance coverage is an essential part of this process. While certain types of insurance are mandatory, such as employer’s liability insurance, which covers compensation costs for employee injuries or illnesses, other types of insurance, such as professional indemnity insurance, may be specific to your industry. It is important to assess the risks associated with your business and consult with an insurance provider to determine the most suitable coverage for your needs.

4. Acquire Industry-Specific Licences

Certain businesses require industry-specific licences or permits to operate legally in the UK. These licences can vary depending on the nature of your business, such as selling food, playing music, or operating as a street trader. It is crucial to research and understand the licensing requirements specific to your industry and comply with them to avoid any legal issues or penalties.

5. Understand Employment Law

If you plan on employing staff for your UK business, it is essential to familiarise yourself with employment law. This includes understanding the rights of employees, anti-discrimination laws, and the obligations of employers. It is crucial to create written contracts or statements of employment that outline the terms and conditions of employment, including pay, working hours, and holiday entitlement. Additionally, you must comply with minimum wage laws and ensure that you have proper procedures in place for disciplinary actions or grievances.

6. Comply with Data Protection Laws

In an increasingly digital world, businesses must adhere to data protection laws to safeguard the personal information of their customers and employees. The General Data Protection Regulation (GDPR), which has been made part of UK law, sets out strict rules for businesses that collect, process, and store personal data. It is essential to have a comprehensive data privacy policy in place that outlines how personal data is collected, used, and protected. Additionally, businesses must obtain explicit consent from individuals before processing their personal data and must take appropriate measures to ensure data security.

7. Develop Internal Legal Documents

To establish a strong legal foundation for your business, it is important to develop internal legal documents. These documents can include a privacy policy, terms and conditions of service, employee contracts or handbooks, and any other policies or procedures specific to your business. These documents not only protect your business legally but also provide clarity and transparency to your employees and customers.

8. Health and Safety Obligations

Creating a safe and healthy work environment is a legal obligation for businesses in the UK. If you have five or more employees, you are required to have a written health and safety policy in place. This policy should outline the steps you will take to ensure the safety and well-being of your employees, identify potential risks, and establish procedures for reporting accidents or incidents. Regular risk assessments should be conducted to identify and mitigate any hazards within the workplace. It is also important to provide appropriate training to your employees to ensure they are aware of health and safety protocols.

9. Other Legal Obligations

In addition to the aforementioned requirements, there are various other legal obligations that businesses in the UK must comply with. These may include, but are not limited to, compliance with consumer protection laws, such as the Sales and Supply of Goods Act and the Trade Descriptions Act. Depending on your industry, you may also need to adhere to specific regulations, such as the Modern Slavery Act or website legal obligations. Staying informed about the latest legal developments and seeking professional advice when necessary is crucial to ensure compliance with all relevant laws and regulations.

10. Conclusion

Starting a business in the UK requires careful consideration and adherence to various legal requirements. From choosing the right business structure to registering your business, obtaining the necessary insurance, and complying with employment and data protection laws, there are several key steps you must take to ensure legal compliance and protect your business. By understanding and fulfilling these legal obligations, you can lay a solid foundation for your UK business and set yourself up for success.

Remember, it is always advisable to seek professional advice from legal and financial experts to ensure compliance with the latest regulations and to address any specific requirements that may apply to your business. By doing so, you can navigate the legal landscape with confidence and focus on growing your business.

New transparency rules to keep companies squeaky clean

Company directors, people with significant control of a company, or anyone who files on behalf of a company, must ensure they comply with new transparency rules from March 2024.

Greater scrutiny of information lies at the heart of the new legislation, which is designed to plug potential loopholes that may have been exploited for the purposes of economic crime.  It strengthens the powers of law enforcement agencies, makes it easier to prosecute corporates for certain financial crimes, and introduces a new offence of ‘failure to prevent fraud’ for larger organisations.

Changes include new requirements to provide additional shareholder information, and restrictions on the use of corporate directors.  Limited partnerships will need to file through authorised agents, and they’ll need to file more information than currently.

Called the Economic Crime and Corporate Transparency Act 2023, the Act amends the Companies Act 2006 and succeeds the previously fast-tracked Economic Crime (Transparency and Enforcement) Act 2022 which was drawn up in response to Russia’s invasion of Ukraine and saw the introduction of the Register of Overseas Entities.

 It means that from March 2024, UK-registered companies will face:

• stronger checks on company names
• new rules for registered office addresses and a requirement to provide a registered email address
• a requirement to confirm activities are lawful on incorporation and each year after

Companies House will have greater powers to challenge information that is provided and will be using data matching to identify and remove inaccurate information from the register.  It will also share data with other government departments and law enforcement agencies, who themselves will have greater powers to seize, freeze and recover crypto assets.

While the Act places additional reporting requirements on companies, the new digital processes will do away with some old paper-based requirements.  Companies will no longer be required to maintain internal registers of directors and their addresses, secretaries and people with significant control (PSCs). This information will be filed directly with Companies House and maintained on a central public record.

The Act includes enhanced powers to verify identities of company directors and measures are expected to be introduced later in 2024.  Anyone setting up, running, owning or controlling a company in the UK will need to verify their identity and this will apply to new and existing company directors, to PSC’s, and relevant officers of a registerable relevant legal entity.

It will be a criminal offence for an individual to act as a director while their identity is unverified, and the company will be committing a criminal offence by allowing an unverified director to act.

Said corporate expert Miss Amy Cusworth of Rotherham Town-based law firm Oxley & Coward Solicitors LLP:  “The changes affect companies across the board, and directors will need to keep an eye out to be sure they are complying from March 2024 onwards.  We don’t have a definitive timetable yet, so it will require a waiting watch.

“The direction of travel continues towards greater transparency, so that law enforcement agencies can more easily identify and act on suspicions over sources of wealth and funding, and to tackle potential tax evasion or fraud.”

According to the Government, fraud accounts for more than 40% of all crime in England and Wales and the new Act introduces two major changes.

It has previously been hard to hold a corporate organisation criminally liable where an individual could not be identified as having the ‘directing mind and will’ at the time of the offence.  Now, a ‘senior manager’ test will expand the range of individuals to which liability can be attributed, making it easier for prosecutors to pursue corporates for a ‘relevant offence’.  These include money laundering offences, fraud, false accounting, tax evasion, bribery, and breaches of sanctions regulations.

Also introduced by the Act is criminal liability attributed to an organisation for a failure to protect against fraud, whether by an employee, agent, subsidiary undertaking, or a person performing services on behalf of the company.  This offence of failure to prevent fraud will be limited to so-called larger organisations, which meet two out of three defining criteria, being more than 250 employees; over £36 million turnover; or assets exceeding £18 million.

Guidance on the necessary procedures for ‘failure to prevent’ is expected soon, and larger organisations will need to review risk assessments and their detection and prevention measures once this has been published.

Added Miss Amy Cusworth:  “This guidance is likely to reflect earlier ‘failure to prevent’ offences that were set out in the UK Bribery Act 2010 and the UK Criminal Finances Act 2017, which were designed to tackle bribery and facilitation of tax evasion offences.

“So, the good news is that it is unlikely to involve designing compliance procedures from scratch, but fraud can be notoriously difficult to pin down, so it may yet present a stiff compliance challenge.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Legal Considerations Every Employer Should Know When Working with Freelancers

In today’s evolving job market, more and more professionals are opting for freelance work rather than traditional employment. This shift has prompted businesses to adapt their recruitment practices to accommodate the growing number of freelancers. Hiring freelancers can offer numerous benefits for businesses, such as cost savings and access to specialised skills. However, it’s crucial for employers to be aware of the legal considerations that come with working with freelancers. This article will explore the key legal issues that employers should be mindful of when engaging freelancers and provide guidance on how to navigate these challenges.

Contracts

While it’s not a legal requirement to have a contract with freelancers, it is highly recommended to establish clear expectations and protect both parties’ rights. A comprehensive contract should include the following elements:

• Scope of Work: Clearly define the tasks and deliverables expected from the freelancer.
• Project Timeline: Establish the timeframe for completion of the project.
• Dispute Resolution: Outline how any disputes will be handled, whether through alternative dispute resolution methods or civil litigation.
• Termination Clause: Include a termination clause that specifies the conditions under which either party can end the contract.
• Payment: How, when, and by what method the freelancer should expect payment/s should also be included in the contract.

By having a well-drafted contract in place, employers and freelancers can ensure a mutual understanding of their obligations and minimise potential conflicts.

Intellectual Property Rights

One of the primary legal concerns when working with freelancers is the issue of intellectual property (IP) rights. While employers generally have implied rights to use the material created by freelancers, it’s essential to establish clear guidelines to avoid potential disputes. To address this, employers should consider the following:

• Crediting: Determine whether you will acknowledge the freelancer as the author of the work or prefer to keep their contribution anonymous.
• Promotions: Specify how and by whom the material will be used for promotional purposes.
• Exclusivity: Decide whether you require exclusive or non-exclusive rights to the material.
• Usage: Clearly define how and where the material will be used.
• Editing: Establish whether you have the right to edit or alter the material in the future.

By addressing these considerations upfront and documenting them in a consultancy agreement or terms and conditions, employers can mitigate potential IP disputes.

Payment Terms

Clear and well-defined payment terms are essential when working with freelancers to avoid financial disputes. Employers should carefully consider the following aspects of payment:

• Rate of Pay: Determine whether you will offer a fixed sum for the project or an hourly rate. If using an hourly rate, establish how hours will be measured, recorded and reported.
• Invoicing: Specify if freelancers are required to send invoices and establish the frequency and method of invoicing.
• Payment Timescale: Agree on a payment schedule that works for both parties to ensure freelancers can manage their finances effectively.
• Taxes: While freelancers typically handle their own tax affairs, it’s important to clarify whether they are VAT registered and ensure any tax implications are addressed.

By setting clear payment terms and adhering to them, employers can avoid disputes and maintain positive working relationships with freelancers.

Non-Disclosure and Exclusivity Agreements

Confidentiality is crucial when working with freelancers who may have access to sensitive information about your business. To protect your interests, consider implementing non-disclosure agreements (NDAs) to ensure freelancers maintain confidentiality. Additionally, exclusivity agreements can prevent freelancers from working on similar projects for your competitors during a specified period. These agreements provide legal recourse if any breaches occur and safeguard your proprietary information.

Other Legal Considerations

In addition to the key legal issues mentioned above, there are several other factors employers should be mindful of when working with freelancers:

• Worker Classification: The law has dealt with situations where freelancers were actually found to be employees because of the nature of the working relationship with the organisation that engaged them. Ensure that freelancers are correctly classified as independent contractors to avoid conflict with employment law and avoid potential liabilities.
• Insurance Coverage: Assess whether freelancers require their own insurance coverage for errors, omissions, or negligence related to their work. Consider including clauses in contracts to address insurance responsibilities.
• Workplace Issues: Although freelancers are not traditional employees, they still have the right to a harassment-free and non-discriminatory work environment. Ensure that managers and employees interact professionally and maintain a respectful workplace culture.
• Licensing and Permits: Some professions may require freelancers to hold specific licences or permits to practise legally. Employers should confirm that freelancers possess the necessary credentials to perform their work.

By proactively addressing these legal considerations, employers can foster positive and compliant relationships with freelancers while avoiding potential legal pitfalls.

Conclusion

Working with freelancers offers numerous advantages for businesses, but it also comes with legal complexities. By understanding and addressing the key legal considerations discussed in this article, employers can establish clear expectations, protect their intellectual property, and maintain positive working relationships with freelancers. It’s crucial to consult with legal professionals to ensure compliance with relevant laws and regulations. By navigating these legal considerations effectively, businesses can fully leverage the benefits of working with freelancers while minimising legal risks.

Common Myths about Inheritance Tax Planning: Busting the Misconceptions

Inheritance tax planning is a crucial aspect of financial management, yet it is often shrouded in misconceptions and myths. As the New Year begins, it’s an opportune time to debunk these common misunderstandings and shed light on the realities of effective inheritance tax planning. In this article, we’ll address and dispel some of the prevalent myths surrounding inheritance tax, providing clarity for individuals and families seeking to secure their financial legacies.

Myth 1: Inheritance Tax Only Affects the Wealthy

One of the most pervasive myths is that inheritance tax is only a concern for the wealthy. In reality, the threshold for inheritance tax is applicable to a broader range of estates. Understanding the current thresholds and exemptions is essential for effective tax planning, regardless of the size of your estate.

Myth 2: Giving Away Assets Automatically Reduces Inheritance Tax

While gifting assets can be a legitimate strategy for reducing inheritance tax, it’s not a one-size-fits-all solution. The timing and nature of gifts, as well as the relationship between the giver and receiver, can impact their tax implications. It’s crucial to seek professional advice to navigate the complexities of gifting and ensure compliance with tax regulations.

Myth 3: A Will Alone Is Sufficient for Inheritance Tax Planning

A well-crafted will is undoubtedly a cornerstone of inheritance tax planning, but it’s not the sole solution. There are various strategies, such as trusts and lifetime gifts, that can complement your will and enhance your overall tax planning. A comprehensive approach that considers all available options is essential for maximising tax efficiency.

Myth 4: Inheritance Tax Can Be Entirely Avoided

While there are legal ways to minimise the impact of inheritance tax, completely avoiding it is a misconception. Inheritance tax is a legitimate tax levied on the transfer of assets, and attempting to evade it through questionable means can lead to serious legal consequences. It’s essential to focus on lawful strategies to manage, rather than entirely eliminate, the tax burden.

Myth 5: Inheritance Tax Planning Is a One-Time Activity

Inheritance tax planning should be viewed as an ongoing process, not a one-time event. Changes in personal circumstances, tax laws, and financial landscapes may necessitate adjustments to your inheritance tax strategy. Regular reviews and updates are critical to ensuring that your plan remains effective and compliant with the latest regulations.

Myth 6: Inheritance Tax Planning Is Only About Property

While property is a significant consideration in inheritance tax planning, it’s not the sole focus. Other assets, such as investments, savings, and personal belongings, are also subject to inheritance tax. A holistic approach that considers all aspects of your estate is crucial for developing a comprehensive tax strategy.

Conclusion

As you embark on inheritance tax planning in the New Year, it’s essential to separate fact from fiction. Dispelling common myths surrounding inheritance tax allows for a more informed and effective approach to securing your financial legacy. Consult with legal and financial professionals to develop a personalised and legally sound inheritance tax plan that aligns with your unique circumstances and goals.

Payroll department get a short lie-in on New Year’s Day

When it comes to New Year’s Day 2024, the payroll department can expect a lie-in, even if a short one, as changes to holiday pay coming into effect that day have been scaled back.

The changes were expected following the UK’s exit from the European Union, and while much of EU employment law has been retained, the Government decided to reform the calculation of holiday entitlement and pay, to simplify calculations.

They were reviewing the combined entitlement most people receive of 5.6 weeks of holiday a year, or the equivalent pro rata, which is made up of four weeks of EU regulated leave and 1.6 weeks of domestic regulated leave.

The two entitlements have different rules for calculating pay, with the EU regulated leave including bonus or overtime payments, and generally cannot be carried over into a new holiday year.  The domestic provision requires only basic rate payment for the 1.6 weeks of holiday pay, and this holiday can be carried over with written agreement.

Plans on the table included introducing a single annual leave entitlement, but following consultation the Government has announced it will maintain two distinct pots, so that workers continue to receive four weeks at their regular overall pay and 1.6 weeks at basic pay.

There is clarification of the detail for what counts as regular pay, which will be set out in legislation to include any overtime regularly paid in the previous 52 weeks; any extra payments for service, seniority or professional qualifications; and any linked to performance of contractual tasks.

There will, however, be changes for those working part-year or irregular hours.  A consultation carried out alongside for these workers has decided on an accrual method, so these workers will accrue holiday at 12.07% of hours worked over the previous pay period.

This is a turn-round from a Supreme Court decision in 2022, which ruled in The Harper Trust v Brazel that the percentage calculation for holiday pay did not comply with the Working Times Regulations 1998.

Consultation by the Government also considered the use of rolled-up holiday pay, by which workers receive their holiday pay every working week through an extra percentage on top of their earned pay, instead of when they take time out for holiday. This was previously unlawful, but now will be allowed for part year and irregular hours workers, and where this method is used, it must be based on a worker’s total earnings in a pay period.

Legislation will also enable leave to be carried over when maternity or family-related leave means a worker cannot take their entitlement during the holiday year.

“Knowing things stay broadly as they are, with some extra clarification on what counts as normal pay will be a positive for most employers, as will the decision for how to calculate holiday pay for those on irregular hours.

“It was inevitable that there would be winners and losers, and those who only work part of the year may find themselves less well off with this outcome,” explained employment law expert  Miss Amy Cusworth  of Rotherham town solicitors Oxley & Coward Solicitors LLP.

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

A Landlord’s Guide to Dealing with Commercial Tenants

As a landlord in the UK, dealing with commercial tenants can be a complex and challenging task. This guide aims to provide a comprehensive overview of the key aspects involved in managing commercial tenants, including understanding the legal framework, setting up a lease agreement, dealing with disputes, and ensuring the property is well-maintained.

Understanding the Legal Framework

The first step in dealing with commercial tenants is understanding the legal framework that governs commercial leases. The Landlord and Tenant Act 1954 is the primary legislation that regulates the relationship between landlords and commercial tenants in England and Wales. This Act provides protection to tenants by granting them the right to renew their lease at the end of the term, subject to certain exceptions.

The Landlord and Tenant Act also outlines the responsibilities of both parties. For instance, landlords are required to keep the property in a good state of repair, while tenants are expected to use the property in a ‘tenant-like’ manner. Understanding these legal obligations is crucial to avoid potential disputes and legal issues.

Setting Up a Lease Agreement

The lease agreement is a legally binding contract between the landlord and the tenant. It outlines the terms and conditions of the lease, including the duration of the lease, the rent payable, and the responsibilities of both parties.

When setting up a lease agreement, it is important to ensure that it is fair and balanced. The lease should clearly state the rent and other charges, the length of the lease, the procedure for rent reviews, and the rights and obligations of both parties. It is advisable to seek legal advice when drafting a lease agreement to ensure that it complies with the law and protects your interests as a landlord.

Dealing with Disputes

Disputes between landlords and commercial tenants can arise for a variety of reasons, such as rent arrears, breach of lease terms, or disagreements over repairs and maintenance.

When dealing with disputes, it is important to communicate openly and honestly with your tenant. Try to resolve the issue amicably through negotiation or mediation. If this is not possible, you may need to take legal action.

The process for resolving disputes will depend on the nature of the dispute. For instance, if the dispute relates to rent arrears, you may be able to take action to recover the arrears or terminate the lease. If the dispute relates to a breach of lease terms, you may need to apply to the court for a declaration or injunction.

Maintaining the Property

As a landlord, you have a legal obligation to keep the property in a good state of repair. This includes ensuring that the structure and exterior of the property are in good condition and that the property is safe and fit for use.

Regular inspections and maintenance can help to prevent problems from arising and can also help to identify any issues at an early stage. It is also important to respond promptly to any repair requests from your tenant.

Conclusion

In conclusion, dealing with commercial tenants in the UK requires a good understanding of the legal framework, careful drafting of lease agreements, effective dispute resolution strategies, and diligent property maintenance. By following these guidelines, you can build a positive relationship with your tenants, protect your investment, and ensure a steady rental income.

Work Life Balance: How Employers can Support Employees

Work-life balance is a concept that holds different meanings for different individuals. While some associate it with working fewer hours, others believe flexibility in working hours is key. However, the common thread is the desire for a balance that allows individuals to excel both professionally and personally. It is crucial for employers to understand the significance of work-life balance and their role in supporting employees to achieve it. In this article, we will explore the legal rights of employees, the duty of care employers have, and strategies to promote work-life balance in the workplace.

Understanding Employees’ Statutory Rights

Employees have certain statutory rights that employers must uphold to ensure a healthy work-life balance. These rights, outlined in the Working Time Regulations 1998, include rest periods, paid holiday entitlement, and limitations on working hours.

Rest Periods

To promote employee well-being, employers must allow their workers the following rest periods:

• 11 hours of uninterrupted rest per day.
• 24 hours of uninterrupted rest per week (or 48 hours per fortnight).
• A rest break of 20 minutes when working more than six hours per day.

It is important to note that there are limited exemptions to these rights, and workers cannot contract out of them.

Paid Holiday Entitlement

Most employees who fall within the legal definition of a worker are entitled to 5.6 weeks (28 days) of paid holiday each year, pro-rated for part-time workers. This ensures that employees have the opportunity to take time off and rejuvenate, contributing to a better work-life balance.

Limitations on Working Hours

To protect the health and safety of workers, employers must ensure that each employee’s average working time, including overtime and work with other employers, does not exceed 48 hours per week. While many employees choose to opt out of this provision, conscientious employers should consider the original intent of the legislation – safeguarding workers’ wellbeing.

By adhering to these statutory rights, employers create an environment that promotes work-life balance and protects the health and safety of their employees.

The Employer’s Duty of Care

Employers have a duty of care towards their employees, extending to their health, safety, and overall wellbeing. This duty includes ensuring that employees are not working excessive hours, as research has linked long working hours and excessive workload to mental health issues such as stress, anxiety, and depression. It is crucial for employers to recognise and address these concerns, as mental health conditions can even be classified as disabilities.

When mental health conditions qualify as disabilities, employers may be required to make reasonable adjustments to support employees, such as reducing their hours or workload. Failure to make these adjustments can result in claims of disability discrimination and constructive dismissal. Employers also face the risk of accidents or further mental health issues arising from excessive working hours.

Ensuring healthy working practices not only helps fulfil legal obligations but also enhances job satisfaction, increases employee productivity, and fosters a positive work environment. By prioritising work-life balance, employers can build loyalty, improve employee retention, and contribute to the overall success of their organisation.

Strategies to Support Work-Life Balance

To support employees in achieving a healthy work-life balance, employers can implement various strategies and practices. Here are some examples:

Regular Communication and Workload Management

Regular communication with employees is essential to ensure they are given an achievable workload and are completing their tasks within a reasonable amount of time. Managers should engage in conversations to understand any additional support employees may require, which may contribute to a better work-life balance.

Monitoring working hours and email flow within teams can also help identify potential issues. Managers should be mindful of the times emails are being sent and have open discussions with their teams about working hours.

Flexible Working Arrangements

Implementing flexible working arrangements can significantly contribute to work-life balance. Employers can consider provisions such as:

• Flexitime: Allowing employees to choose their start and finish times within defined core hours.
• Remote Work: Enabling employees to work from home or other locations to accommodate personal needs.
• Reduced Hours: Offering part-time options or job-sharing arrangements.
• Compressed Work Week: Allowing employees to work longer hours over fewer days.

By providing flexibility, employers empower employees to manage their work and personal responsibilities effectively.

Conclusion

Work-life balance is pivotal for well-being and productivity. Employers, bound by legal and ethical responsibility, must support employees. Upholding statutory rights, fulfilling the duty of care, and implementing balance-promoting strategies create a positive work environment. Prioritising work-life balance benefits individuals and contributes to organisational success.

Chancellor’s hat has rabbits and polar bears but no elephants  

The Chancellor’s autumn statement ended with a flourish when Jeremy Hunt closed his speech by pulling a two per cent cut to the national insurance rate for employees out of his exchequer hat.

This will see the rate paid by employees reduce from 12% to 10%, with similar cuts announced for the self-employed, with the abolition of class 2 contributions and a one per cent reduction on class 4 contributions, which will go down to 8% from 9%.

Jeremy Hunt also confirmed a widely anticipated decision to make permanent what is known as “full expensing” for businesses.  This is a 100% first-year allowance for companies to claim a deduction from taxable profits for qualifying plant and machinery assets.

And there was £500m of funding towards establishing the UK as an AI powerhouse, following the recent international summit hosted by PM Rishi Sunak on the topic, to enable further innovation centres to be developed, similar to those already established in Edinburgh and Bristol.

The Chancellor’s hour-long delivery was framed as an ‘autumn statement for growth’ and opened with forecasts from the Office for Budget Responsibility (OBR) that headline inflation will fall from its current level of 4.6% to 2.8% by the end of 2024, and to the government’s 2% target in 2025.

But the OBR has downgraded its predictions for economic growth.  It now expects the economy to grow by 0.7% next year and by 1.4% in 2025, in a significant reduction from previous forecasts, which were 1.8% for 2024 and 2.5% for 2025.

And while the plans for national insurance and full expensing for business were widely circulated in advance, one topic that didn’t rate a mention, despite inspiring many column inches before the day, was inheritance tax (IHT).

“It’s the elephant in the room as far as chancellors are concerned,” said trusts expert  Mrs Jayne Jackson  of Rotherham town solicitors Oxley & Coward Solicitors LLP. “It is brought up as a potential target for tax reform before each budget, but never gets a mention when it comes to the day.  In fact, it’s probably better described as a polar bear, as the nil rate band has been frozen for so long it’s forming its own glacier!”

They added:  “People are fearful of the bills they will leave for their families, but the reality is that many who worry fall well below the threshold at which IHT is payable.  But with IHT charged at 40 per cent it’s certainly worth doing a regular check on where you stand, as those who could be liable can minimise their liability by taking advice and planning ahead.”

Last year, the Chancellor continued the IHT nil rate band freeze at £325,000 until April 2028, the residence nil-rate band at £175,000, and the residence nil-rate band taper continued to start at £2 million.

Each person can pass on a maximum of £325,000 in assets tax free when they die, including shares and property. There is an extra £175,000 allowance when the main home passes to a direct descendant.  If someone is in a marriage or civil partnership, they can leave everything free of IHT to their partner, and when the second partner dies, two allowances are added together when calculating whether tax is due on the combined value of the estate.

Ways to reduce the size of an estate for inheritance tax purposes while someone is alive include making gifts, either into a trust or to individuals.  A gift to an individual paid out of capital is not taxed at the time of the gift and will become wholly exempt if you live for seven years after the date of the gift.  A gift into a trust is taxable at the time of the gift if its value is over the nil rate band – though the life-time rate, at 20%, is much lower – and again the value of the gift will drop out of account after seven years.  Gifts can also be paid out of surplus income, where someone is able to maintain their normal lifestyle without the cash, or by making use of the automatic allowances, which include an annual exemption to allow gifting of up to £3000, together with a separate small gifts allowance of up to £250 per person.

Added Mrs Jayne Jackson:  “Trusts certainly need specialist advice and even gifts can be complicated, with good record keeping essential, but often the hardest part is simply doing the sums and finding out what options might be available.  For many of us, like the chancellor, dealing with inheritance tax liabilities is something we keep putting off.”

More detail from the Government about the autumn statement is available here

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Mediation and Christmas – What to Do When There Is No Plan for Where the Children Will Spend the Holidays

The festive season is a time of joy, celebration, and family gatherings. However, for separated or divorced parents, it can also be a period of stress and conflict, particularly when there is no clear plan for where the children will spend the holidays. In the UK, the law provides several avenues to resolve such disputes, with mediation being a preferred method.

This article explores the role of mediation in resolving disputes about child arrangements during Christmas to help preserve the festive spirit for the children and offers guidance on what to do when there is no plan in place.

Mediation: An Overview

Mediation is a voluntary process where a neutral third party, known as a mediator, helps the disputing parties to reach an agreement. In the context of family law, mediation can be used to resolve a wide range of issues, including child arrangements during the holidays. The mediator does not make decisions for the parties but facilitates communication and negotiation between them to help them reach a mutually acceptable solution.

The Benefits of Mediation

Mediation offers several advantages over litigation. It is generally quicker, less stressful, and less expensive than going to court. It also allows the parties to maintain control over the decision-making process, which can be particularly beneficial when dealing with sensitive issues such as child arrangements. Moreover, mediation encourages cooperation and communication, which can help to improve the long-term relationship between the parents, ultimately benefiting the children.

The Mediation Process

The mediation process typically begins with an initial meeting, known as a Mediation Information and Assessment Meeting (MIAM). During this meeting, the mediator will explain the process, assess whether mediation is suitable for your situation, and answer any questions you may have. If both parties agree to proceed with mediation, the mediator will arrange a series of sessions where you and the other parent can discuss your issues. These sessions are confidential, and the mediator will ensure that both parties have an equal opportunity to express their views and concerns. During the mediation sessions, the mediator will help you and the other parent to explore different options and negotiate an agreement. If an agreement is reached, the mediator will draft a Memorandum of Understanding, which outlines the terms of the agreement. This document is not legally binding, but it can be converted into a legally binding court order if necessary.

Mediation and Christmas: What to Do When There Is No Plan

If you and the other parent have not yet agreed on where the children will spend Christmas, mediation can be an effective way to resolve this issue. Below are some steps you can take:

Contact a Mediator

The first step is to contact a mediator. You can find a mediator through the Family Mediation Council or the National Family Mediation. It’s important to do this as early as possible to allow enough time for the mediation process.

Attend a MIAM

Both parents are usually required to attend a MIAM before starting mediation. This meeting will help you understand what mediation involves and whether it’s the right approach for your situation.

Prepare for Mediation

Before the mediation sessions, think about what you want to achieve and any potential compromises you might be willing to make. It can also be helpful to seek legal advice so that you understand your rights and responsibilities.

Participate in Mediation

During the mediation sessions, try to stay open-minded, listen to the other parent’s perspective, and focus on the best interests of the children. Remember, the goal is not to ‘win’ but to reach a solution that works for everyone.

Implement the Agreement

If an agreement is reached, make sure you understand the terms and how they will be implemented. If necessary, you can ask the mediator to draft a court order to make the agreement legally binding.

Conclusion

In conclusion, while disputes about child arrangements during Christmas can be challenging, mediation offers a constructive and cooperative way to resolve these issues. By focusing on the best interests of the children and working towards a mutually acceptable solution, parents can ensure that the festive season is a time of joy and celebration for everyone.

When dealmakers decide to bite down on a MAC

Court ruling highlights the challenge for buyers if a deal turns sour 

The takeover of Twitter by Elon Musk hit the headlines last year when the billionaire tried to stop the deal going through, arguing that he had been misled about the amount of spam on the platform.

When he announced his intention to abandon the acquisition, rather than pay an over-priced valuation, the board of Twitter took legal action to enforce the original agreement, which saw a victory for the blue bird brand when the deal was finally completed.

Buyers generally look to protect themselves against change during deal-making through material adverse change (MAC) clauses.  These allow a party to a contract to back out or claim compensation if something happens that has a serious impact on the commercial transaction.

But the challenge of getting MAC clauses right has been reinforced by the latest ruling from the Court of Appeal in the case of an IT consultancy acquisition where predicted revenues failed to materialise.

The case involved the acquisition of IT consultancy Copperman by global technology services company Decision Inc.

In the SPA – the sales and purchase agreement that forms a binding legal contract obliging the buyer to buy and the seller to sell – Copperman’s shareholders offered various contractual warranties about the state of the company’s business.  These included stating that “Since the Accounts Date … there has been no material adverse change in the turnover, financial position or prospects of the Company”.

The nature of Copperman’s business meant it had a small number of large projects going on, making a pipeline of large contracts essential to its future performance. Negotiations for the sale were focused on the potential business that was in the pipeline, and during the dealmaking process, the buyer continually asked for the up-to-date position.

The sellers did not always respond, but when they did, it was to present a more optimistic picture than the real position, with inaccurate descriptions of the progress of key contracts that were critical to future performance.  Even before the sale completed, Copperman had been performing significantly worse than the forecast, with turnover running at half of predictions.

Although Decision Inc expressed concerns at information they were given, the deal went ahead with an initial lump sum paid on completion and further payments under an earn-out, if the company hit specific earnings targets.

When the predicted turnover failed to materialise and the company started to generate substantial losses, Decision Inc proposed a restructuring of the acquisition, asking for a repayment of 40% of the initial purchase price, and adjusted earn-out targets.  Copperman’s shareholders refused and Decision Inc took action, claiming a breach of warranties in the SPA.

When the case reached the High Court, the judge agreed there had been a breach of the MAC warranty, awarding damages of £1.31m to Decision Inc.  But now, the Court of Appeal has ruled that the wrong test was applied by the High Court in deciding whether there had been a change in the company’s prospects.

“The Appeal Court’s ruling says the earlier judgement focused on the wrong date, the wrong comparison, the wrong reference data and the wrong assessment period.  It might seem surprising that so much could be wrong, but this speaks to the complexity of MAC clauses and the challenge in interpretation.” explained Miss Amy Cusworth, company commercial expert with Rotherham Town solicitors Firm Oxley & Cowward Solicitors LLP.

“There is no new law in this judgement, just a reinforcement of how difficult it can be to assess material adverse change.  Any MAC clause needs to be well drafted, so it is clear and unambiguous, but that’s not easy and is why these clauses and warranties tend to be the focus of much negotiation during dealmaking.”

She added: “It’s about finding a balance between a cover-all, which may be so generic as to be difficult to pin down, and one that is so specific that it may be easily argued as not relating to given circumstances.”

Decision Inc. Holdings Proprietary Limited v Garbett [2023] EWCA Civ 1284

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Route to the door is different for directors

When Suella Braverman was removed from her cabinet post she decided to take a defiant stance, with an open letter criticising PM Rishi Sunak for reneging on promises and calling for a leadership election.

It was a defiant, headline-grabbing move and one that may inspire other discontents looking to speak out against their bosses.  But the path for a dissatisfied cabinet minister is not one that may be translate so easily in the corporate world.

For a company director, while resignation may mean they are no longer bound by general duties, their corporate responsibility can carry on long after stepping down from the board.

Under the Insolvency Act 1986, if a director has allowed a company to continue trading when there is no reasonable prospect of avoiding insolvency, they could be liable, even after resigning.

Similarly, a director who has acted negligently, fraudulently, or in breach of their duties during their time may be held personally liable for any losses later incurred by the company.

Neither will resignation be any protection if a conflict of interest arises through use of any property, information or opportunity gained during a time as director.  And if a director has made personal guarantees to secure any company loans or debts, these remain binding, regardless of whether they have resigned.

Importantly, directors looking to resign must ensure that the company’s finances and other corporate responsibilities are well managed to minimise any risk of personal liability later on, as compliance with the Companies Act 2006 requires directors to exercise reasonable care.

Said corporate expert Miss Amy Cusworth of  Rotherham Solicitors Oxley & Coward Solicitors LLP: “Even if a director leaves the business in a position of financial stability, if the company were later to become insolvent then any director who served during the three years running up to the insolvency could be subject to investigation.

“The impact of this could be far-reaching.  For example, where a director is found to have played a role in the company’s difficulties in those three years, they could be disqualified from being a director for up to fifteen years, which could prevent them continuing in any subsequent role as a director.”

Added Miss Amy Cusworth:  “For an MP, the resignation or dismissal may be very high profile, but it’s effectively a clean break.  For a director, it’s important to be sure that any resignation takes account of the whole picture and they ensure that financial management and other corporate responsibilities are all in good order before they sign the exit paperwork, if they want to minimise any future risk of personal liability.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Overzealous monitoring may overstep data protection boundaries

Employers who harness software to help manage productivity and other employee activity may find themselves inadvertently over-stepping data protection regulations.

The rise of electronic monitoring of employees has risen in tandem with the rise in home working triggered by the Covid-19 pandemic.  While the numbers working from home has dropped from its peak of 49% during the 2020 lockdowns, most recent figures from the Office of National Statistics show that around 40% of working adults are still working from home at least some of the time.

Before the pandemic the figure was around 12.5%, and the dramatic shift has driven businesses and organisations into uncharted territory to manage their newly remote workforce.  Many have addressed the challenge through an increasing use of electronic monitoring to tackle what may be seen as a loosening of control.

New research from the Information Commissioner’s Office, which oversees and regulates data protection and freedom of information in the UK, found that 19% of those surveyed believe they have been monitored by an employer.

Asked how they felt about being monitored, 70% of those surveyed by the ICO said they felt it was intrusive and only 19% were comfortable taking a new job where an employer would be monitoring their activity.

This discomfort echoes findings by the Trades Union Congress in 2022, which found significant and growing support among workers for stronger regulation of AI and tech-driven workplace surveillance, with more than 70% saying they believed technology-informed decision-making could increase unfair treatment.  The TUC research found some sectors reporting very high levels of surveillance, at more than 70% across the financial sector and the wholesale and retail sectors.

“Developments in software have made a range of options available to employers, making it all too easy to implement a form of monitoring, whether to check if people start work on time or to monitor activity – such as through the number of keystrokes being made – but that ease of monitoring should not be taken for granted.  Any monitoring has to comply with data protection law,” explained Miss Amy Cusworth, employment expert with Rotherham town solicitors Oxley & Coward Solicitors LLP.

“There’s also the potential breakdown in trust and reputational damage that may come through implementing what employees may consider to be a surveillance culture.”

To support organisations in ensuring that any monitoring of workers is undertaken lawfully, transparently and fairly, the ICO has issued guidance for employers, which highlights some of the key considerations.  The privacy watchdog has also issued a warning to employers, saying they will take action if people’s privacy is threatened.

Monitoring workers is only legally allowed if one of six situations apply: consent; contract; legal obligation; vital interests; public tasks; and legitimate interests.

Miss Cusworth added:  “Any surveillance needs to measure up against at least one of these criteria, although in some situations it may be hard because of the imbalance in an employer/employee relationship. In some circumstances employees may feel they would be putting their job at risk if they were to dispute a planned form of monitoring.

“The best approach is to ensure not just that any action is legal, but also be sure that employees know what is happening and have a sense of trust. It’s too easy for surveillance to feel like an invasion of privacy, whether or not it passes the legal test.  Policies also need to be reviewed and updated regularly, to keep in line with advances in technology.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Clear language is critical in will drafting

Three children have won a share of their father’s £700,000 estate after a hard-fought case that reached the High Court in London.

The siblings took action when their father Kenneth Grizzle died and they found they were excluded from his will.  They told the court that he was illiterate and he could not have understood the will he had signed, but had always been too proud to tell others of the problem.

Sharing memories of their father struggling with reading, they claimed he must have disinherited them by mistake when leaving everything to his two children from a later relationship. The judge agreed, and all five half-siblings will now receive an equal share of the estate.

While being illiterate and unable to read the document offers relatively unusual grounds nowadays for disputing a will, the importance of clear language and understanding is a vital consideration when writing a will, if families wish to avoid later challenges.

Research conducted on behalf of the Society of Trust and Estate Practitioners among members, professionals who advise on asset management and inheritance planning, highlights the change to family structures in recent years, and how this leads to increased disputes.

They describe a significant shift from traditional married couples towards a complex mix of structures, including cohabitation, same-sex relationships and transgender relationships.  The family model has changed too, with rising divorce rates leading to single parent families, re-marriage leading to ‘blended’ families with children from previous relationships, and the rise in non-biological children.

The report says that advisers are finding that this increased complexity is leading to conflict and breakdown in family relationships, giving rise to litigation. And, importantly, of those responding, 65% highlighted the problem of old-fashioned or unclear language being used in wills, trusts and deeds opening the door to later challenges.

Explained inheritance law expert Mr Christopher Shaw of Oxley & Coward Solicitors LLP in Rotherham: “These shifting family structures mean we tend to see more complex relationships, which are more likely to lead to competing interests between family units and different generations.  When relationships break down, the grounds on which a family may have stayed united and supportive of inheritance plans can be broken too.  If the fine detail in a will or trust is not updated, with clear language, through the passage of family changes, this can be a cause for challenge.”

Generally, a will may be challenged because it fails certain grounds for validity, such as lack of mental capacity or not being properly witnessed.  A valid will may also be disputed under the Inheritance (Provision for Family and Dependants) Act 1975, if an individual can demonstrate they were dependent and should have been provided for.

Mr Shaw added:  “A person making a will must have ‘knowledge and approval’ of its contents and it’s much easier to show understanding if plain language is used.  And even if plain language is used, a word might mean one thing in a legal or dictionary sense, but another thing in the mind of the person making the will. For example, ‘child’ has quite a narrow definition legally, but someone might think it could include step-children.”
Another risk area from imprecise language is for those who have changed gender.  The Gender Recognition Act 2004 includes provision for those named as a beneficiary to be recognised as their acquired gender, rather than their sex at birth, where the will was made after 4 April 2005 and the person has been issued with a gender recognition certificate.

Problems could arise if the will was drafted without specifying the names and grounds for inheritance of all concerned, for example if certain assets were to be shared between ‘sons’ or ‘daughters’ and the transition removes an individual from their intended inheritance.

Mr Shaw added:  “Where the birth name or previous gender is included, this should not affect the validity of the gift to that person, as the legislation has provided for that situation.  Problems may arise if the identity of a beneficiary is not clear.  That’s why language is so important.”

The Gender Recognition Act came into effect on 4th April 2005. Before this, a change in gender was not recognised by the law, so an individual would still be treated as their birth sex in any will made before that date.

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Back to School – Everything about your child’s attendance you need to know

As the summer break draws to a close, it’s time to prepare for the new school year ahead. Whether your child is starting school for the first time or returning after a break, understanding attendance requirements and related information is crucial for a successful educational journey. This article aims to provide parents with valuable insights into various aspects of their child’s attendance, helping them navigate the requirements, including the legal rules around school attendance.

Legal Attendance Requirements

In the UK, education is compulsory for children between the ages of 5 and 16. As a parent, it is your responsibility to ensure your child’s regular attendance. It is important to familiarise yourself with the specific attendance requirements outlined by your child’s school and the local education authorities. Understanding these legal obligations helps you comply with the regulations and avoid any potential consequences. Different local councils have their own rules and procedures, and the
penalties you can receive vary too. The local authorities have the power to give you:

• a Parenting Order
• an Education Supervision Order
• a School Attendance Order
• a fine (sometimes known as a ‘penalty notice’)

Parenting Order

This order requires parents to attend parenting classes and follow court-directed actions to improve their child’s school attendance. By focusing on strengthening parental involvement, the aim is to address any underlying issues that may contribute to the child’s absence from school. Parenting Orders provide an opportunity for parents to gain valuable knowledge and support in ensuring their child’s regular attendance.

Education Supervision Order

In cases where parents are uncooperative despite the council’s efforts to address the child’s school attendance, an Education Supervision Order may be sought from the court. This order appoints a supervisor who works closely with the parents to facilitate their child’s enrolment and regular attendance. The Education Supervision Order serves as an alternative to prosecution, emphasising collaborative support rather than punitive measures. It enables parents to receive guidance and assistance in overcoming any barriers that hinder their child’s attendance.

School Attendance Order 

When a local council determines that a child is not receiving adequate education due to non-attendance, a School Attendance Order can be issued. This order places a legal obligation on parents to ensure their child’s enrolment in the school specified in the order or provide evidence of home education within 15 days. Failure to comply with the School Attendance Order may result in prosecution or fines. The order emphasises the importance of ensuring every child’s access to quality education.

Fines

To further encourage parents to prioritise their child’s school attendance, local councils have the authority to issue fines. Initially, each parent may receive a fine of £60, which doubles to £120 if not paid within 21 days. Non-payment after 28 days may lead to prosecution for the child’s absence from school. The imposition of fines serves as a deterrent, aiming to emphasise the significance of regular school attendance and the responsibilities of parents in facilitating it.

Absence Reporting and Procedures

Occasionally, your child may need to miss school due to illness, medical appointments, or other unavoidable circumstances. In such cases, it is essential to follow the school’s absence reporting procedures. Typically, this involves notifying the school in advance or on the day of absence, providing a valid reason, and submitting any required documentation, such as a medical certificate. Familiarise yourself with the specific absence reporting process of your child’s school to ensure compliance and help prevent any potential fines.

Managing Absences and Holidays

Family holidays or other planned absences during term time can be a source of concern for parents. The Department for Education advises that holidays during term time should be avoided whenever possible. However, if exceptional circumstances require your child to miss school, it is advisable to discuss this with the school in advance and seek their approval. Keep in mind that unauthorised absences can result in fines or legal action from your local authority.

Supporting Good Attendance Habits

Parents play a crucial role in fostering good attendance habits in their children, and ensuring they have good attendance helps you avoid trouble with the law. Communicate openly with your child about the importance of attending school regularly and the value of education, and set an example in your own life to help this go smoothly.

Communication with the School

Maintaining open lines of communication with your child’s school is essential. Stay informed about school policies, events, and important dates by regularly checking the school’s website, newsletters, or communication platforms. This communication helps ensure that you stay updated on any changes in attendance requirements or policies that may have legal implications. So, always remember to consult with your child’s school for specific guidelines and seek their guidance whenever needed.

The highs and lows of blame-free digital divorce 

by family law expert Mrs Sarah Scott of Rotherham-based solicitors Oxley & Coward Solicitors LLP

Divorce applications rose by 20 per cent in the year following the introduction of no-fault divorce, according to figures from the Ministry for Justice.

But while the headline process may be easier, couples going through the legal stage of break-up are still experiencing many challenges.

Heralded as a new dawn for parting couples, the Divorce, Dissolution and Separation Act 2020 aimed to streamline the divorce process when introduced in April 2022.  The legislation has made divorce less confrontational, allowing couples to end a marriage with a statement of irretrievable breakdown, where previously one partner had to be blamed for adultery, desertion or unreasonable behaviour, or the couple had to go through a period of separation.

The new law also makes it possible to file for divorce jointly, so couples can reflect a mutual agreement to part.

Importantly, the change was welcomed as a major advance for those looking to leave abusive marriages. Now, victims of domestic abuse can take action knowing the application cannot be contested, nor do they have to make allegations requiring investigation or provide supporting evidence.

The reforms marked a significant milestone in family law, with the potential to reduce the emotional strain on couples going through marital breakdowns, but one year on, the bigger picture is a mixed outcome for those directly impacted by the process.

• How simplification creates complication

The attraction of what has been promoted as ‘digital divorce’ via an online portal, together with the removal of apportioning blame may seem like a quick-fix, low-cost solution to what was previously a complex procedure.

Certainly, that’s the promise offered by an internet search for divorce: one top result promises: ‘complete and submit the court forms yourself. This will be the cheapest option as you only have to pay the court fees.’

But getting divorced involves not just a legal process to end the marriage: in most circumstances it will require negotiation and agreement on everything from how any children may be cared for, through bank accounts, business and pensions, to where each partner will live once all things financial have been mediated.

And while the new process undoubtedly makes it much easier to take a DIY route to ending of the marriage itself, very real problems may arise if the divorce is finalised without tackling and making agreement on all these other aspects.

Claims over finances cannot be resolved by personal agreement, even if it seems very amicable at the time.  Without a financial order approved by the court, either party can make a financial claim on the other, long after the marriage has ended.

Lack of advice may also leave one side open to exploitation by the other, either because they do not realise what they may be entitled to in a fair division of assets, or they may not even know what assets their former spouse owns.  Full disclosure through the process of drawing up an application for a financial order, combined with independent advice and oversight in asking the court to make a decision, can help overcome these issues.

And lack of knowledge affects not just those taking the DIY route.  Increasing numbers of online operators have entered the digital divorce market who may not have the expertise to guide couples along the journey.  The Competition and Markets Authority (CMA) has begun a review of digital legal services, including ‘quickie’ divorces, because of concerns over unregulated advisers.

The CMA say that while alternative providers can be innovative and sometimes cheaper, it found “misleading claims about both the simplicity of the process and prices” from those offering divorce, leaving consumers “unclear about what they can be helped with or what they are paying for”.  The CMA highlighted “inadequate quality of service, including firms using the wrong forms, entering incorrect details, sending papers to the court late”.

• The new divorce deal breaker

In recent years, financial negotiations have focused increasingly on the value of the family home and the challenge of providing a roof for each partner in the face of soaring house prices, particularly when both homes need to be big enough for children to spend time living with each parent.  Alongside pension sharing, business assets and inheritances, property remains the big issue, but over the last year an unexpected bargaining chip has been the mortgage deal on the family home.

Following steep rises in interest rates, the cost of borrowing may lead to inequality between separating spouses if one is holding on to a long-term low interest rate.  Combined with tougher affordability tests from lenders, it may lead to one spouse asking for compensation for the higher cost involved or for a bigger share of the pot to enable an equivalent purchase.  Some may negotiate with the lender to have the existing deal split between them, but this is up to the lender and their borrowing terms.

• Tax changes give breathing space

Alongside all the challenges, there is at least some good news, with a valuable change in the way divorcing couples are taxed.  Since April 2023 there has been a new timetable on capital gains tax reliefs when couples break up.

While together, transfers and disposals between a couple can be on a ‘no gain, no loss’ basis, and previously the relief was also allowed during the first tax year of any separation.  But once outside that first tax year, matters became complex and could involve tax charges on the spouse or civil partner who was transferring the asset.

Now, the new rules give separating couples up to three years after the year they cease to live together in which to make a no gain, no loss transfer, with no time limit when the transfer is part of a divorce agreement covered by a court order.

With financial matters becoming increasingly complex, combined with delays in the courts, many divorces are taking longer to complete, so this change is important and valuable for many couples.

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Child with a different surname – Can I take them abroad?

When it comes to travelling abroad with a child, parents often have questions about the legal implications, especially if the child has a different surname. In England and Wales, parental rights and responsibilities are primarily governed by the Children Act 1989, which outlines the rules regarding parental responsibility, including decisions related to a child’s upbringing.

This article will explore the legal considerations surrounding taking a child with a different surname abroad and provide guidance on navigating this situation.

Understanding Parental Responsibility

Parental Responsibility is defined as encompassing all the rights, duties, powers, responsibilities, and authority that a parent has in relation to their child and their property. This includes making important decisions about the child’s education, health, religion, and general upbringing.

Permission Requirement for Taking a Child Abroad

The law is clear regarding international travel with a child. If a parent intends to take their child out of the UK, they must obtain permission from all individuals who share parental responsibility for the child or seek the court’s permission. It is important to note that this requirement applies regardless of whether the child shares the same surname as the travelling parent or not.

Consequences of Traveling without Permission

Taking a child abroad without the necessary permission can be considered child abduction, which is a criminal offence. To avoid legal complications and protect the child’s best interests, it is crucial for parents to adhere to legal requirements when planning international travel.

Exceptions to the Permission Requirement

While permission is generally required to take a child abroad, there are exceptions to this rule. A parent with a Child Arrangement Order specifying that the child lives with them can take the child abroad for a period of up to 28 days without seeking permission. It is important to consult the specific terms of the Child Arrangement Order and ensure compliance with any restrictions or conditions.

Handling Different Surnames

In situations where a child has a different surname from the travelling parent, it is advisable to carry evidence of the parent-child relationship and provide clarification for the difference in surnames. This can help mitigate potential difficulties at border controls or when questioned about the child’s identity. Supporting documentation may include the child’s birth certificate, divorce or marriage certificates, or a letter of consent from the other parent clearly stating their agreement to the child’s travel.

What to Remember When Travelling with a Different Surname

When planning to travel abroad with a child who has a different surname, it is essential to understand and comply with the legal requirements surrounding parental responsibility.

• Seeking permission from all individuals with parental responsibility.
• Follow any court orders in place in relation to the child.
• Carrying relevant supporting documents to help facilitate smooth travel experiences.

By following the legal guidelines, parents can ensure the best interests of their children are upheld while enjoying their travels abroad.

No big bonfire for holiday regulations

Managers on the look-out for changes in employment law following Brexit need to prepare for new holiday entitlement and pay calculations.

The Retained EU Law (Revocation and Reform) Act 2023 became law in June, setting out how EU-based laws are to be treated in future.

Most employment law will continue to stand, giving employers some certainty, but one immediate priority for reform is the calculation of holiday entitlement and pay, as the Government is keen to simplify calculations.

Under current regulations, most people are entitled to 5.6 weeks of holiday a year, or the equivalent pro rata, made up of four weeks of EU regulated leave and 1.6 weeks of domestic regulated leave.

Problems arise because the two entitlements have different rules for calculating pay.  For the four weeks of EU leave, calculations must include bonus or overtime payments, and generally this cannot be carried over into a new holiday year.

But under the domestic provision, only basic rate payment is required for the 1.6 weeks of holiday pay, and this holiday can be carried over with written agreement.

“We don’t know yet whether the government will decide that all pay should be at full rate for the whole 5.6 weeks, including payments such as bonuses, commissions and overtime, or at the basic rate,” explained employment law expert Miss Amy Cusworth of Rotherham town solicitors Oxley & Coward Solicitors LLP.

“Unfortunately, one side or the other is likely to be disappointed.  Employers may be focused on the potential burden of additional costs if the calculation results in an uplift, but equally there may be staff disputes if the outcome translates as less in pay packets.”

The other proposal to simplify holiday pay is by using rolled-up holiday pay, by which workers receive their holiday pay every working week through an extra percentage on top of their earned pay, instead of when they take time out for holiday. Presently, this is not allowed and holiday pay must be paid when taken.

Miss Cusworth added:  “On the positive side, some employers may find that this could simplify holiday calculations for irregular hours but, if implemented, it will require contracts and pay slips to be updated.

“The other issue with rolled-up holiday pay is that can lead to workers not taking time out because they struggle to budget for holiday times without income.  This can have a negative effect if workers suffer stress and burnout through a lack of downtime, so it may require a system to ensure everyone takes their annual leave.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Barbie goes for the plaid

World-wide exposure for the Barbie movie has seen a rash of pink excitement in unexpected quarters, but one design house that may have hoped to escape such attention is the international Burberry brand, which is facing opposition from Barbie owner Mattel to a trademark registration in the US.

Burberry filed the application for the word ‘BRBY’ to cover a range of leather goods, bags and clothing but Mattel has opposed the application, saying it is too similar to their mark, even though the BRBY trademark was successfully registered in the UK by Burberry last year.

It may seem a surprise, bearing in mind Burberry is best known for its rather staid brown plaid which is a world apart from the dazzling pink favoured by Barbie.  As it says on its website:  ‘The Burberry check was first used to line our raincoats in the 1920s, but it was the 1960s that saw it become the unmistakable Burberry signature we know’.

But the opposition is on the grounds that the word BRBY is similar to Mattel’s registered marks and could damage its reputation, with the biggest similarity being phonetic, as vowel-light BRBY sounds very similar to ‘Barbie’ when spoken.

While Mattel is known for producing toys, specifically the Barbie range, the doll’s extensive wardrobe may be entering the real world, as Margot Robbie did in the film, with claims of a direct overlap in terms of goods and services listed in the opposition to Burberry’s application.

Since it was launched in 1959 there have been many Barbie-branded products, but mainly within the toy sector.  With the launch of this year’s film, the brand is evident in many new directions, from fashion and cosmetics to homeware.

“When big name brands are involved, there’s everything to fight for in such situations,”

said commercial advisor Miss Amy Cusworth  of Rotherham town solicitors Oxley & Coward Solicitors LLP. “Mattel will be looking to leverage the brand as widely as possible on the back of the mega-success of the film, so it’s not surprising to see this push back against Burberry, as the Barbie world is likely to expand dramatically over the coming year.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Can I Alter my Property if it is in a Conservation Area?

Conservation areas play a vital role in preserving the architectural and historical character of certain areas in the UK. If you are a property owner within a conservation area, you may wonder about the restrictions and regulations governing alterations and modifications to your property. It is essential to understand the legal framework surrounding conservation areas to ensure compliance and make informed decisions.

In this article, we will explore the considerations and permissions necessary for altering properties located within conservation areas in the UK.

Understanding Conservation Areas

Conservation areas are designated by local authorities to protect and preserve the unique architectural, historical, or cultural qualities of an area. These areas often encompass historic buildings, landmarks, and landscapes that contribute to the overall character and heritage of the locality. The specific regulations and restrictions can vary between different conservation areas, and it is crucial to consult the local authority to understand the guidelines that apply to your property.

How to know if your property is in a conservation area

It is important to conduct thorough research and consult with the appropriate authorities to establish if your property is within a conservation area. One way to begin this process is by visiting the website of your local planning authority. They often provide information on conservation areas within their jurisdiction, including maps and boundaries.

Another valuable resource is Historic England, which offers a wealth of information and guidance on owning historic properties and conservation areas. Their webpage on conservation areas provides valuable insights into the significance of these areas and offers tools to help identify if your property falls within a designated conservation area. Additionally, reaching out directly to your local planning authority or engaging a property lawyer specialising in conservation areas can provide personalised assistance and clarification regarding the status of your property.

Conservation Area Consent

Any alterations or modifications to properties within a conservation area may require Conservation Area Consent in addition to planning permission. This consent is an additional layer of protection for the heritage and character of the area. It is necessary to obtain this consent before undertaking any significant changes to the external appearance of a property, such as alterations to the façade, roof, windows, doors, or boundary walls. Minor alterations, such as repainting or routine maintenance, may not require consent, but it is always advisable to check with the local authority.

Impact Assessment

Within a conservation area, it is important to assess the potential impact on the area’s character and heritage. The local authority will evaluate the proposals and assess whether the alterations are in harmony with the existing character and architectural style of the area. Factors such as the choice of materials, design, scale, and visual impact will be considered during the assessment process.

Listed Building Consent

If your property is also a listed building, additional regulations and permissions will apply. Listed buildings are legally protected due to their special architectural or historical significance. Alterations to listed buildings, both internally and externally, require Listed Building Consent in addition to Conservation Area Consent. The local authority, in consultation with heritage agencies, will carefully review any proposed changes to ensure they preserve the building’s unique heritage.

Engaging with the Local Authority

To navigate the process, it is crucial to engage with the local planning authority early on. Seek pre-application advice to discuss your proposed alterations and understand the specific requirements and expectations. The local authority can guide you through the process, explain the necessary steps, and provide recommendations to ensure your proposals align with the conservation area’s objectives.

Seeking Professional Advice

Navigating these complexities may require professional guidance. Engaging an experienced law firm specialising in property and planning matters can provide valuable expertise and support. Property lawyers can assist in preparing applications, negotiating with the local authority, and ensuring compliance with the relevant regulations. Their knowledge and insights will help streamline the process and increase the likelihood of a successful outcome.

So, can I alter my property when it is in a conservation area?

Altering a property within a conservation area requires careful consideration of the regulations and permissions in place to protect the area’s unique character and heritage. Obtaining Conservation Area Consent, in addition to planning permission, is essential for significant alterations. Engaging with the local authority, seeking professional advice, and conducting thorough impact assessments are crucial steps in navigating the process successfully. By adhering to the guidelines and working collaboratively with the local authority, property owners can make alterations that preserve the integrity of the conservation area while enhancing their property in a way that respects its historical significance.

Garden Alterations and Neighbour Disputes – Resolving Summer Conflicts

As summer arrives, many residents take to their gardens to enjoy the warm weather and make alterations to enhance their outdoor spaces. However, these garden alterations can sometimes lead to disputes between neighbours, causing tension and impacting the enjoyment of the summer season.

From planting trees on boundary lines to a new fence or maybe even a new shed for your new gardening plans, conflicts between neighbours happen, but resolving these conflicts amicably and understanding the legal considerations surrounding garden alterations can help you maintain harmonious neighbourly relationships.

​In this article, we will explore common garden alteration issues, offer guidance on resolving disagreements, and shed light on the legal aspects relevant to property owners.

Common Garden Alteration Issues

Garden alteration issues can arise due to a variety of factors, including changes to garden structures, planting of trees or hedges, installation of fencing, or construction of outbuildings. Concerns may include obstructed views, loss of privacy, noise disturbances, potential damage to property, or impact on natural light.

All of these occurrences can impact you or your neighbour’s enjoyment of their property,so it is important to approach these issues sensitively. Understanding the specific concerns and interests of all parties is crucial when attempting to find mutually agreeable solutions.

Open and Respectful Communication

Resolving neighbour disputes begins with open and respectful communication. Initiating a conversation with your neighbour to discuss concerns and explain your perspective can help alleviate tensions. Listening to their concerns and demonstrating empathy are equally important. A calm and respectful dialogue can often lead to compromises or mutually beneficial solutions that address both parties’ interests.

Mediation and Alternative Dispute Resolution

If direct communication does not yield a resolution, seeking mediation or alternative dispute resolution methods can be effective. Mediation involves a neutral third party facilitating a discussion between the parties to find a mutually acceptable solution. This process encourages constructive dialogue and can help neighbours identify common ground and reach compromises. Alternative dispute resolution mechanisms, such as arbitration or expert determination, may also be considered, depending on the nature and complexity of the dispute.

Understanding Legal Considerations

Garden alterations must comply with local planning regulations and legal requirements. Familiarise yourself with the relevant laws, such as permitted development rights, which dictate the types and sizes of structures that can be built without planning permission. If planning permission is required, ensure that the necessary approvals are obtained to avoid potential legal issues. It is advisable to consult with a law firm specialising in property matters to ensure compliance and mitigate any risks.

Boundary Disputes and Encroachments

Garden alterations can sometimes lead to boundary disputes or encroachments. It is crucial to ascertain the exact boundaries of your property and engage a professional surveyor if necessary. Clear documentation, such as title deeds and land registry records, can provide clarity on boundary lines. If a dispute arises, seek legal advice to understand your rights and options for resolution, which may involve negotiation, mediation, or, in extreme cases, legal action.

Seeking Legal Advice

When neighbour disputes become challenging to resolve or involve complex legal issues, seeking advice from a law firm experienced in property disputes is highly recommended. Property lawyers can provide expert guidance, assess your legal position, and help explore potential solutions. They can also represent your interests in negotiations, mediation, or court proceedings if required, but by taking proactive steps to address disputes, property owners can maintain harmonious relationships with their neighbours and enjoy a peaceful and pleasant summer season.

What Happens When a Parent Breaches a Court Order?

When a court issues an order, it is legally binding and must be followed by all parties involved. Unfortunately, there are instances where one parent may disregard or breach a court order, causing frustration and potential harm to the child and the other parent. This article aims to shed light on the consequences and legal recourse available when a parent breaches a court order in the context of family law.

Understanding Court Orders in Family Law

First and foremost, it’s essential to understand what court orders entail in family law cases. Court orders typically outline the rights, responsibilities, and obligations of each parent concerning matters such as arrangement order, visitation, child support, and other related issues. These orders are put in place to ensure the best interests of the child and promote stability and consistency in their lives.

Types of Court Order Breaches

A parent can breach a court order in various ways. Some common examples include:

• Denying visitation rights – One parent refuses to allow the other parent to spend their court-ordered time with the child.
• Relocating without permission – A parent moves away with the child without obtaining consent from the court or the other parent.
• Failure to pay child support – A parent neglects their obligation to provide financial support as stipulated in the court order.
• Disregarding arrangement order – One parent ignores the arrangement order established by the court.

Consequences of Breaching a Court Order

When a parent breaches a court order, several consequences may follow, including:

Contempt of court

The court may find the non-compliant parent in contempt, which can result in fines, community service, or even imprisonment.

Modification of orders

The court may decide to modify the existing court order to better protect the child’s best interests.

Make-up time or compensatory visitation

The court may order the non-compliant parent to provide additional time or compensatory visitation to make up for the missed or denied time.

Legal costs and solicitor’s fees

The non-compliant parent may be required to reimburse the other party for legal costs and solicitor’s fees incurred due to the breach.

Parental alienation considerations

If one parent consistently undermines the relationship between the child and the other parent, the court may take parental alienation into account when making future decisions.

Seeking Legal Remedies

If a parent finds themselves dealing with a court order breach, it’s crucial to take appropriate legal action. The following steps are always recommended in order to assist you in getting the best results.

Documentation

Keep detailed records of the breaches, including dates, times, and any supporting evidence such as emails, text messages, or witnesses.

Mediation

Attempt mediation or alternative dispute resolution methods to resolve the issue without escalating the conflict further.

Consultation with a solicitor

Seek legal advice from an experienced family law solicitor who can guide you through the legal process and represent your interests.

Petition for enforcement

If informal resolution attempts fail, you can file a petition with the court to enforce the existing court order and seek appropriate remedies.

A court order breach can have significant implications for both parents and, most importantly, the well-being of the child involved. Understanding the consequences and available legal remedies is crucial for parents who find themselves facing such situations. If you believe a parent has breached a court order, consult with a qualified

Employment non-competes look set to shrink

The Government plans to prune restrictions around non-compete clauses when employees leave to join a competitor or set up a rival business, according to a policy paper just published.

Proposals in the smarter regulation to grow the economy policy paper include limiting the length of non-compete clauses to a maximum of three months.  Typically, such clauses are drafted to limit employees from acting for up to six to 12 months.

The use of non-compete clauses in employment contracts is designed to protect business interests and may restrict a leaving employee from working for a similar business, or setting up a competing business, within a defined geographical radius and for a defined time.

Non-compete clauses may also be framed to prevent a leaving employee from soliciting or dealing with clients or poaching colleagues within a defined period, but the proposed reforms do not extend to such clauses. Nor do they include so-called ‘gardening leave’ which is used to keep an employee out of the market by keeping them on the payroll but requiring them to stay out of the workplace.

The three-month cap will apply to contracts of employment and worker contracts in England, Wales and Scotland, but not to partnership or shareholder agreements, where power dynamics are likely to be more balanced.

“The government has held back with its pruning shears when it comes to other typical protections for employers, such as gardening leave,” said employment law expert Miss Amy Cusworth  of Rotherham town solicitors Oxley & Coward Solicitors LLP, “and while there is no time frame for when the legislation may be drafted and on the parliamentary agenda, employers might benefit from planting the seeds that will protect against future changes. That could include evaluating existing confidentiality clauses and those restricting employees from poaching clients if they leave, and tightening up where necessary.

“Also, to keep things in perspective, it’s worth remembering that very lengthy non-competes are rarely upheld, and as an employer you are both poacher and gamekeeper: protecting the business when staff move on is essential, but you may also have greater opportunity to recruit.”

The changes set out in the policy paper are described as being intended to boost the UK economy by improving flexibility in the workplace and the opportunity to recruit talent.  Other proposals cover changes to cut the amount of reporting on Working Time Regulations, and to simplify employment regulations when a business transfers to a new owner.

The view that competitive labour markets can play a crucial role in increasing competitiveness and economic growth, is reflected in other countries.  The New York State Assembly has just approved a bill (June 2023) that bans workplace non-compete agreements, joining other US states such as California, Oklahoma, and North Dakota.

Miss Amy Cusworth:   “Employers also need to be aware of the impact of shorter non-competes on possible enforcement action, as the window for proceedings will be tight.  Adding a clause to existing contracts, requiring employees to share information at the earliest opportunity, is an option to consider.

“Generally, it’s good practice to keep a close ear to the ground, and to have procedures to monitor for any unexpected activity in data collection by employees, or other relevant triggers, and that’s important whatever the future for non-competes may be.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

Diversity Survey

Diversity Survey 2023 Report – 2022-12-30 to 2023-07-01

 Agricultural Tenancy Disputes

Agricultural tenancy disputes can be complex and contentious, requiring a nuanced understanding of the legal framework governing these arrangements. With agriculture playing a vital role in the UK economy, ensuring effective resolution of disputes is crucial for both landlords and tenants. This article explores the key aspects of agricultural tenancy disputes highlighting relevant legislation, common issues, and the mechanisms available for resolving conflicts.

Understanding Agricultural Tenancies in the UK

Agricultural tenancies typically involve the occupation of land for farming or agricultural purposes. Two primary types of agricultural tenancies exist: Agricultural Holdings Act (AHA) tenancies and Farm Business Tenancies (FBTs). Understanding the nature of the tenancy is crucial, as different rules and regulations apply to each.

Agricultural Holdings Act (AHA) Tenancies

AHA tenancies are governed by the legislation. These tenancies are long-term and often passed down through generations. Key features of AHA tenancies include security of tenure and statutory rights for tenants, providing a level of protection and stability. Disputes relating to AHA tenancies often revolve around rent reviews, repairs, succession, and compensation matters.

Security of tenure 

Security of tenure refers to the legal protection granted to tenants, ensuring their right to remain in their rented property for a certain period and providing them with stability and certainty. In the context of agricultural tenancies in the UK, security of tenure is governed by the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995.

​Farm Business Tenancies (FBTs)

FBTs are regulated,  however they offer more flexibility compared to AHA tenancies, as they allow for shorter-term agreements and increased freedom in negotiating terms. Common disputes related to FBTs may involve rent reviews, termination notices, repair obligations, or disagreements over agricultural operations.

Common Disputes and Resolutions

Like every tenancy, disputes can arise, and it is important to ensure you know the best resolution in order to minimise the impact on your money, time and reputation.

Rent Review Disputes

Rent reviews are a frequent cause of contention between landlords and tenants. Parties may disagree on the appropriate rent increase or the method used to determine it. In such cases, professional valuations, arbitration, or Alternative Dispute Resolution (ADR) methods like mediation can help reach a resolution.

Repair and Maintenance Disputes

Disagreements often arise regarding maintenance responsibilities and obligations between the landlord and tenant. Clearly defined terms in the tenancy agreement and adherence to the repairing obligations outlined by law are crucial. Disputes can be resolved through negotiation, professional assessments, or legal action if necessary.

Succession and Assignment Disputes

In AHA tenancies, succession rights are particularly important. Disputes may arise when determining eligible successors or when disagreements occur regarding assignments or subletting of a tenancy. Adhering to the statutory framework and seeking legal advice can help navigate these issues.

Termination and Notices

Terminating an agricultural tenancy requires compliance with specific notice periods and procedures. Disputes may arise if the correct notice is not provided or if disputes arise over the validity of a notice. Understanding the legal requirements and consulting legal experts can help avoid potential disputes.

Resolving Disputes

To resolve agricultural tenancy disputes, various methods are available. Mediation and negotiation provide an opportunity for parties to reach a mutually acceptable agreement with the assistance of a neutral third party. If informal methods fail, formal methods such as arbitration or litigation can be pursued, allowing a court or tribunal to make a legally binding decision.

Agricultural Tenancy Disputes

Agricultural tenancy disputes in the UK can be complex, requiring a comprehensive understanding of the legal framework governing these arrangements. Parties involved in such disputes should familiarise themselves with the specific legislation applicable to their tenancy type and seek professional advice when needed.

By adopting effective communication, exploring alternative dispute resolution methods, and, if necessary, resorting to legal proceedings, landlords and tenants can navigate agricultural tenancy disputes in a fair and efficient manner – and hopefully maintain a working relationship that will benefit them both going forward.

How harassment hits both ways

Status does not confer special protection when it comes to bullying or sexual harassment

Bullying has been hitting the headlines in recent weeks, demonstrating that no matter how high you fly, wings can be burned.

It’s behaviour that has seen Dominic Raab forced to resign as deputy prime minister and justice secretary, and CBI boss Tony Danker pushed out for behaviour that left staff feeling intimidated.

“Such cases show the importance of having the right policies and working practices in place, and for organisations to work on creating the right culture for everyone, especially for those at the most senior level as they cannot be ‘above’ such things,” explained Miss Amy Cusworth, employment expert with Rotherham Town solicitors Oxley & Coward Solicitors LLP.

In the UK, the Equality Act 2010 prohibits discrimination and harassment that is related to a protected characteristic.  These are age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation; also pregnancy and maternity where the protection against harassment is subject to slightly different rules.

And while bullying itself is not against the law, it can easily become harassment, which is unlawful. Harassment is when a worker is subjected to unwanted conduct related to a protected characteristic that violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.  Examples include making offensive sexual comments, or abusing someone for their race, religion or sexual orientation.

It means all employers have a duty of care to protect their workers and may be liable for discrimination or harassment in the workplace if they have not taken reasonable steps to prevent it.

High-flying government minister Dominic Raab was accused of bullying by civil servants at both the foreign office and the justice office during his time as a cabinet minister.  An independent investigation agreed, saying that he was “persistently aggressive” in meetings and had abused or misused his power in a way which could undermine and humiliate colleagues, with Raab resigning as a result.

And for Tony Danker, a female employee claimed that while director general of the CBI, he made unwanted contact with her, which she considered to be sexual harassment.  Concerns by other members of staff over inappropriate behaviour, which included interacting with their personal social media profiles, has seen the CBI undertake an independent investigation and ask Danker to step aside.

“Everyone is entitled to work in a safe environment, free from harassment, including raised voices and inappropriate attention, whatever the circumstances and whatever their status,” explained Miss Amy Cusworth, employment expert with Rotherham Town solicitors Oxley & Coward Solicitors LLP.  “It’s interesting that both Raab and Danker felt they were unfairly judged, as set out in their respective resignation statements, but it’s vital that policies and culture in the workplace are clearly understood and exhibited at all levels.

“Importantly, when complaints are made against senior staff, clear action should be taken to tackle the sort of behaviour which caused the problem.  In the case of the CBI, they opted not to escalate the original complaint to a disciplinary process, responding only when a national newspaper queried the decision.  A root and branch independent review has been promised now, but some are suggesting it may be too late to restore confidence in the business lobbying organisation.”

But bullying is not confined to those in more senior positions and a regular review can help uncover instances of bullying at all levels and identify routes to resolve tricky relationships.  One recent case highlighted the challenges that can arise, here for a manager in charge of a neurodiverse employee who exhibited challenging behaviour, at times reducing the manager to tears.  Reviewing the case of McQueen v General Optical Council the Employment Appeal Tribunal upheld a decision that the employee had not been discriminated against when he was disciplined for aggressive and disruptive conduct, which he had argued was due to his recognised disability.

Miss Amy Cusworth added: “This case was complex, and employers can’t assume it provides a template for a similar situation, but it does demonstrate how an individual may feel they can expect ‘special’ treatment and are allowed to behave differently to others, whether through seniority or for other complex reasons, such as here.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]

What is contentious probate?

Contentious probate refers to any disputes about an individual’s estate when they are no longer here. This process can be difficult for families and lead to many mixed feelings, but understanding when an estate can be contested can help answer many questions, and make a troubling time less confusing for all.

This article will look at what contentious probate is and how a solicitor can help you do what is best for you and your loved ones.

What is contentious probate, and why do I need a solicitor?

Contentious probate in the UK refers to a legal dispute that arises when the validity of a will or the distribution of an estate is called into question. For example, this can happen when a family member or other interested party feels that they have not been fairly treated in the will, or they suspect that the will was made under duress or without proper legal formalities – both reasons that can invalidate the contents.

In such cases, a solicitor can play a crucial role in representing their client’s interests and helping to resolve the dispute. This may involve advising on the legal options available to the client, such as contesting the will, negotiating a settlement with other beneficiaries, or seeking a court order to protect their client’s interests.

Contentious probate disputes

Contentious probate disputes can happen for a variety of reasons, including but not limited to:

• ‘Further provisions’ – this is common among spouses and children who feel they should have received more from the deceased’s will, especially if they were financially dependent on them under legislation.
• Issues with executors of the will, such as a disagreement regarding the appointment or actions of one.
• Lifetime gifts and promises.
• Mistakes and disagreements, such as a dispute over the correct ownership of property or the value of an asset.

Contentious probate when there is no will

In the UK, when someone dies without leaving a valid will, it is known as intestacy. In such cases, the law sets out who should inherit the deceased person’s assets. However, this can still lead to disputes between family members or others close to the deceased, especially if significant assets are involved or questions about the deceased’s wishes. These disputes are still considered to be contentious probate, and you should always contact a solicitor if you feel the will or the estate is not being correctly handled.

Is selling property at auction right for you?

If you’re looking to sell property in the UK, you may have considered selling at auction. But is selling property at auction right for you? In this article, we’ll explore the legal implications, rules and regulations, and important considerations when selling property at auction in the UK.

Property auction process  

First, it’s important to understand the auction process. Auctions are typically held in a public venue or online and allow potential buyers to bid on the property. The highest bidder at the end of the auction is legally bound to purchase the property, provided the reserve price (the minimum price at which the property can be sold) is met.

What to know about selling property at auction

One of the biggest advantages of selling property at auction in this way is that it can be a quick and efficient process. Unlike traditional sales methods, which can take several months or even years, auctions are typically completed within a matter of weeks. Additionally, auctions can generate a lot of interest from potential buyers, leading to competitive bidding and potentially higher sale prices.

However, there are also potential disadvantages to selling property at auctions. For example, if the reserve price is not met, the property may not sell at all. Additionally, sellers may need to pay auction fees, which can vary depending on the auction house and the type of property being sold.

The legal side of selling property at auction

Before deciding whether to sell your property at auction, it’s important to consult with legal and financial professionals to fully understand the legal implications and costs involved. Here are some important legal considerations to keep in mind:

Contractual obligations

When you sell via an auction, you are entering into a legally binding contract with the highest bidder. It’s important to ensure that you have a clear understanding of your obligations and the buyer’s obligations under the contract.

Property disclosures

You are required by law to disclose any material defects or issues with the property to potential buyers. Failing to do so could result in legal action against you.

Payment and completion

Once the auction is complete, the buyer is legally bound to pay the purchase price and complete the transaction within a set timeframe. It’s important to ensure that you have a clear understanding of these deadlines and any consequences for failure to comply.

Legal and financial advice

It can be a complex process, and it’s important to seek legal and financial advice to ensure that you are fully aware of your rights and obligations.

Rules and regulations

In addition to these legal considerations, there are several rules and regulations that govern property auctions in the UK. For example, auction houses are required to provide potential buyers with a buyer’s guide, which outlines the terms and conditions of the auction and any fees that may be charged.

It’s also important to be aware of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which give buyers certain rights to cancel a purchase within a set timeframe.

Choosing an auction house

Finally, it’s important to choose the right auction house when selling your property. Look for an established auction house with a good reputation and experience selling properties similar to yours. Be sure to read reviews and ask for references before making a decision.

Selling property this way can be quick and efficient way, but it’s important to fully understand the legal implications, rules and regulations, and costs involved. Seek legal and financial advice, and choose the right auction house to ensure a successful sale.

Is buying property at auction right for you?

Buying property at auction can be a thrilling and potentially rewarding experience. However, it is important to be aware of the legal implications, rules and regulations, and possible risks involved in such a purchase. In this article, we will explore the key considerations for anyone looking to buy property at an auction in the UK.

Understanding property auctions

Firstly, it is important to note that purchasing property at auction is a legally binding agreement. This means that once the hammer falls, the winning bidder is legally obliged to complete the purchase. Therefore, it is essential that you thoroughly research the property before making a bid. This should include a detailed inspection of the property, checking for issues or defects, and obtaining a copy of the legal pack.

What is the legal pack?

The legal pack will contain important information such as title deeds, searches, and any planning permission or building regulations that apply to the property. Instructing a solicitor or conveyancer to review the legal pack and provide you with their professional opinion on any potential issues or concerns is advisable.

Property law and auctions

It is also important to be aware of the UK’s rules and regulations surrounding property auctions. These will vary depending on the auctioneer and the type of auction being held. Typically, auctions are governed by the Auctioneers and Valuers Association (AVA) and the National Association of Valuers and Auctioneers (NAVA). These bodies set standards for auctioneers and provide guidance on best practices.

Property auction process

When attending an auction, arriving early and registering your interest with the auctioneer is essential. You will be required to provide proof of identity and, in most cases, a deposit in order to bid. The deposit is typically 10% of the purchase price and must be paid immediately if you are the winning bidder.

It is important to set a budget before attending the auction, and stick to it. Auctions can be fast-paced and emotionally charged, so getting carried away and overbidding is easy. Also, remember that there may be additional costs on top of the purchase price, such as legal fees, stamp duty, and auction fees.

Should I buy property at auction?

The main benefit of buying property at auction is the potential to secure a bargain. However, it is important to be aware that risks are also involved. For example, the property may have hidden defects or be subject to restrictions that could affect its value or your ability to use it as intended.

It is important to approach it with caution and fully understand the legal implications, rules and regulations, and any risks involved. By doing your research and seeking professional advice, you can increase your chances of a successful and stress-free purchase.

A right royal holiday clash

Holiday pay for the additional bank holiday on 6th May to celebrate the upcoming coronation is giving employers a headache before a toast has been raised to the new King.

The long weekend is intended to give the nation the chance to take part in community celebrations and public events, but by falling in the same month as two existing bank holidays in May, employers face a month of disruption.

And with there being no legal requirement for bank holidays to be given as additional paid leave, it’s creating grounds for potential discord between organisations and their staff over the royal date.  Employers are having to revisit employment contracts, whether staff are seeking the day off, or a business is choosing to close for the day.

“Holiday pay can be a minefield for employers, whether working out entitlement for part-year workers or deciding whether to include bank holidays as part of a worker’s statutory annual leave, or offering the days as extras, on top,” explained employment law expert  Miss Amy Cusworth  of Rotherham town solicitors Oxley & Coward Solicitors LLP.

“Any entitlement to bank holidays will be subject to individual employment contracts, and there are many different ways they may be worded, just as long as the basic requirement for paid holiday is satisfied.”

Someone working a five-day week must be given 28 days of paid annual leave a year, the equivalent of 5.6 weeks of holiday.  For those working part-time or irregular hours, the calculation is made pro rata.

When it comes to the employment contract, some choose to include the bank holidays within the 28 days, and for others they may be offered on top.  But for this year’s additional public holiday, identifying whether or not workers are entitled to the day off as paid leave will depend on precisely how their contract is worded.

One example is where the contract covers for 20 days of paid leave “plus all public holidays” on top, adding up to 28 days in a usual year.  This year, it would give an automatic right to the extra day of paid leave on top.

If the contract said 28 days of holiday “including all public/bank holidays” again, staff are entitled to take the day off, but they would have to deduct it from their overall holiday allowance.

However, if the contract specified the usual number of bank holidays, as plus or including “eight public / bank holidays” then taking the additional coronation day would not be a contractual right for the worker, and subject to the usual process for holiday leave requests to the employer.

And it’s the flipside for those businesses who want to close for the day where staff may prefer to work.  Here, it may involve asking workers to take enforced leave, using up one of their days of holiday, or by offering an additional day of paid leave.

Name added: “A full review of holiday pay each year is a good idea, to be sure you are keeping up to date on curve balls like the coronation holiday and other case law that may affect calculations.”

“Meantime, if you need people to work on the coronation bank holiday, but they are entitled to take the day off according to their contract, then this would require a change to their employment contract, and they would have to give their consent for the change to be made.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

National Pet Month – Have you got a pet nup in place?

National Pet Month runs from April 1 – May 1 2023, and aims to promote responsible pet ownership. As a nation, we love our pets, and with more than half of households in the UK owning at least one pet, pets are a huge part of our lives for many of us.

If you are in a relationship and own a pet together, have you ever discussed what will happen if you decide to part ways? While, at the moment, you might not see the need to draw up such an arrangement to cover such an eventuality, unfortunately, things can change. In this article, we look at why it might be worthwhile considering a ‘pet nup’.

What is a pet nup?

A pet nup, also known as a pet prenup, is an agreement between two people who own a pet together. It outlines how they will handle the care and ownership of the pet should they decide to part ways. It is an important document to consider when in a relationship where there is a pet, as it can prevent a lot of heartbreak and stress if a couple decides to separate.

What happens to pets in separation proceedings?

When a couple decides to separate, the ownership of the pet is typically based on who purchased the pet and who has been the primary carer.  This can be complicated and confusing, leading to drawn-out court proceedings and a potential tug-of-war over the pet. With a pet nup, the ownership of the pet is specified, so there is no need to go to Court.

Is a pet nup legally binding?

A pet nup is not a legally binding document. However, as with pre and post-nuptial agreements, they are being increasingly recognised during separation proceedings and given more consideration by the Court. It can make it easier for a judge to determine what will happen to the family pet.

​Can a pet be included in a standard pre-nuptial agreement?

​ Yes, as a pet is considered property under the law, a clause can be included in a standard pre-nuptial agreement to help prevent future disagreements in respect of the care of the pet and make pet custody after divorce clear.

Why should I consider getting a pet nup?

A pet nup is beneficial for both pet owners and pets. It ensures that both parties understand their rights and responsibilities regarding the pet, and it can help prevent disputes and court proceedings if you and your partner decide to part ways.

Advantages of having a pet nup agreement in place

Even if you think you might never need to use it, there are several advantages to drawing a pet nup agreement with your partner, as it can:

• Specify who is the primary owner of the pet
  • Establish who will be responsible for the pet’s care and expenses
  • Establish visiting rights, if desired
  • Prevent disputes and court proceedings if you separate
  • Protect both parties and the pet from potential legal and financial issues

Considering a pet nup is a great opportunity to discuss how the pet will be handled in the event of a separation and to put the necessary measures in place to protect the pet and both parties. In addition, taking the time to create a pet nup can save stress in the long run.

Does common law marriage exist in the UK? What you need to know

Common law marriage is a concept that refers to a marriage-like relationship between two people who live together for a certain period of time but without actually getting married or registering their partnership formally. This type of arrangement is recognised in some countries but not in the UK.

In this article, we will explore what this means for couples who choose to live together without getting married.

What is common law marriage?

The exact definition of common law marriage can vary depending on the country or state in which it is recognised, but in general, it refers to a relationship in which the couple has not formalised their union through marriage or civil partnership.

In some countries, common law marriage is recognised as a legal status that provides certain rights and protections to the couple. For example, in the United States, common-law marriage is recognised in some states, and couples who meet certain criteria can enjoy many of the same legal benefits as married couples.

Is common law marriage recognised in the UK?

The law here in the UK means that even if a couple have lived together for many years, they do not have the same legal rights and protections as a married couple. Many people think we do have this system, but when it comes to dividing finances, parental rights and even inheritance rights, the law in the UK largely fails to offer protection if there is a split between a cohabiting but unmarried, couple.

Scotland

Since 2006, laws in Scotland have differed slightly from the rest of the UK. Points that differ in Scotland include:

• Ownership of household goods bought when the couple lived together will be ruled jointly owned, and their share split equally.
• Financial provisions for decisions made by the couple during the relationship, such as one partner taking time away from their career for childcare.
• Protections for surviving partners regarding estates, allowing a cohabiting partner protection if there is a death without a will.

It is always best to speak with your solicitor to establish the law in your area.

What are the implications of this for couples?

There can be significant implications for couples living together without getting married. Some of the key areas where unmarried couples are impacted include:

• Inheritance rights
• Pension rights
• Property rights
• Parental rights
• Tax breaks and benefits

What can cohabiting couples do to protect themselves?

Couples who choose to live together without getting married do not have the same legal rights and protections as married or civil-partnered couples. However, there are steps that couples can take to protect themselves and their assets. By taking these steps, couples can ensure that they are prepared for any eventuality and that their rights and interests are protected. Some of these steps include:

Cohabitation agreement

A cohabitation agreement can be drawn up to establish the couple’s rights and responsibilities towards each other in the event of separation. It covers finances, property and what will happen to your children if you were to split or if either partner was to become ill or pass away.

Cohabitation agreements are popular with unmarried couples living together, as they cover all aspects of joint life and the complexities a split can have on this and offer protection for both parties and their assets. Cohabitation agreements can go as far as providing protections similar to marriage, such as providing equal shares of assets or access to pensions.

Make a will

Without being married, or in a civil partnership, a surviving partner may not automatically inherit their partner’s assets if they die without leaving a will. So, couples should each make a will to ensure that their assets are distributed according to their wishes in the event of their death.

​Having a will offers you the chance to address what you would like to happen when you are no longer here, and as well as providing protection for unmarried couples, it can also be beneficial to all other friends and family too.

Another step towards family and maternity leave security

New legislation to protect those who are pregnant or returned from maternity, shared parental or adoption leave came a step closer following a second reading in the House of Lords this month (3 March).

The measures are designed to tackle the discrimination reported by women during pregnancy and maternity leave, with 77% saying they had a negative experience or suffered potential discrimination during this time.  Some 11% of those canvassed reported being dismissed or made compulsorily redundant, when their colleagues were not.  Some 20% of mothers reported other financial loss such as demotion or missing out on promotion and being excluded from non-salary benefits.

Subject to the Bill becoming law in its current form, pregnant women and those back from family leave should find themselves in a stronger position, with employers required to offer alternative vacancies to anyone under threat of redundancy in those situations.

Under current rules, employers are required to offer a suitable alternative vacancy where one exists before offering redundancy when an employee is on maternity leave, shared parental leave or adoption leave.

The Pregnancy and Maternity Discrimination Bill, introduced by Dan Jarvis MP and backed by the government, will extend this redundancy protection to pregnant women before they take maternity leave, and for new parents during the six months after they return to work from a relevant form of leave.

Said employment law expert Miss Amy Cusworth  of Rotherham  town solicitors Oxley & Coward Solicitors LLP:  “This Private Member’s Bill will introduce a significant level of additional security to parents taking time out of the workplace to raise a family, putting them at the top of the queue for an alternative role.  It’s an important step in overcoming reported discrimination against pregnant women.”

She added:  “Employers should get up to speed on the draft legislation now, so as to have systems in place ready for implementation, such as processes to identify the timeframe of earlier periods of maternity leave when implementing any redundancies.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Chancellor sets out his pothole filling vision

This year’s Spring statement saw Chancellor Jeremy Hunt in confident mood with jokes aplenty and a promise of bounty in his bucket to fill the holes in the economy.

The Chancellor set the scene for his hour-long delivery by opening with the news that the Office for Budget Responsibility (OBR) is confident that the UK would avoid a recession in 2023, reflecting lower expectations for wholesale energy prices and the Bank Rate, and would suffer a contraction of just 0.4% in the first quarter of 2023.   This overturns predictions of last Autumn, and the OBR now expects inflation to fall to 2.9% in Q4 2023, with overall inflation for 2023 at 6.1%.

Against that backdrop, the Chancellor set out a series of measures which he said were intended to deliver growth through investment incentives and improved labour supply.

Mr Richard Sheppard, Partner of Rotherham town solicitors Oxley & Coward Solicitors LLP :  “The promise of an extra £200m for local authorities to tackle potholes was a small ticket item offered up by Mr Hunt, but it neatly summed up the attitude of this Budget, which was about sprinkling a little something in the assorted holes in the economy at granular level.”

The bulk of his statement was focused on action to tackle business growth, but the Chancellor opened with a range of give-aways: cutting the cost of a pint in the pub; enabling swimmers to keep splashing; motorists paying less at the pumps and helping with consumer energy bills.

This will see the Energy Price Guarantee maintained at £2,500 for the next three months and an end to the premium paid by those on prepayment meter.  Local authorities struggling to pay the energy bills to keep pools and other community facilities open will receive a boost with a £63m fund.  Fuel duty will be frozen for the next 12 months and a reduction in alcohol duty on draught beer served in pubs will see a pint costing up to 11p less.

For those looking to raise a family, there was a promise of greater access to childcare in the years ahead, including wraparound provision in schools, to support more women returners to the workplace.  This includes an extension of free childcare to include all children under five years, from the end of maternity leave.  A phased introduction will see 30 hours of free childcare for all children aged over 9 months by September 2025, for eligible working parents.  Eligibility will match the existing 30 hours offer in place for three to four year olds.

Alongside greater support for older workers to return to employment, with ‘Returnerships’ and more Mid-life MOT’s, those leaving employment because of pension contribution restrictions were offered an incentive to keep working.  The Lifetime Allowance charge for pension contributions is set to be abolished altogether, and the annual allowance will be increased from £40,000 to £60,000.

Added Mr Sheppard: “While the Chancellor radiated confidence in delivering his statement, positioning his plans as the route towards future success, it was against the backdrop of continuing economic hardship and challenge, with many struggling in the cost-of-living crisis.  We saw a number of measures introduced to support the workforce and stimulate enterprise which may translate into opportunities ahead, such as around capital allowances and R&D, but for those companies interested in maximising these benefits, it’s worth drilling down on the detail with specialists first.”

Key takeaways for employers and business owners include:

• A ‘full expensing’ policy from 1 April 2023 providing 100% first-year capital allowance for qualifying plant and machinery assets, and a 50% first-year allowance for qualifying special rate assets. This replaces the so-called super-deduction on capital allowances which ends on 31 March 2023.

• Changes to R&D tax credits designed to support research and development (R&D) intensive businesses, where qualifying R&D expenditure is worth 40% or more of its total expenditure. Eligible loss-making companies will be able to claim £27 from HMRC for every £100 of R&D investment.

• £900 million of funding for an AI Research Resource and a world-leading exascale computer and a new Quantum Strategy with a commitment to £2.5 billion ten-year research and innovation programme.

Also contained in the small print was a concession for low income trusts and estates, with measures designed to reduce reporting and administration. For those eligible, these include not needing to pay tax on income up to £500 as it arises, a removal of default basic and dividend tax rates on the first £1,000 slice of discretionary trust income, and changes to make sure beneficiaries of UK estates do not pay tax on income distributed to them within the £500 limit for the personal representatives.

More detail from the Government about the statement is available here

[This is not legal advice; it is intended to provide information of general interest about current legal issues].

Why homemovers need to tighten their trainers

Property continues to catch headlines, whether prices are up or down; city dwellers are moving to the country or back again; or how long it may take to get the keys to a new home.

Following the dramatic 30% fall[1] in the number of sales agreed in the aftermath of last year’s mini-budget, when mortgage rates soared, there were concerns that double-figure inflation and the cost of living crisis would put a permanent dampener on the property market.  But those fears look to be mistaken with latest figures from the property portal Rightmove showing that the number of sales agreed is on the rebound and just 11% down on 2019.

But while markets may be calmer, it’s a ‘new normal’ with a much-extended timeframe from putting a property on the market to completing the paper process and moving home.   The time taken to achieve a sale has risen by 50% to 65 days compared to a year ago, with the time to property exchange up 5% to 139 days, according to property data specialists TwentyEA.

The slowdown is due to a number of factors.  The market has had to contend with a massive backlog that arose during the pandemic, while also experiencing a surge due to the stamp duty holiday that reduced the cost of moving during 2020 to 2022.  According to Rightmove, there were 44% more homes sold subject to contract in June 2022 than in 2019.

The huge volumes are putting  a strain not just on conveyancing departments, where pressures are compounded by many different firms likely to be involved in any individual property chain,  but also those involved in the many connecting strands of sale and purchase.  They include the Land Registry – which is the government department responsible for registering property transactions – local authority departments, and lenders.

Whenever a property is sold the buyer will have a ‘local search’ carried out to check there are no planning restrictions that could have an impact on the future property value, and record numbers of search requests have put extra demands on the process.  Many local authorities are taking as much as a month to handle these requests.

Similarly, mortgage lenders are under pressure, with the time taken to secure a formal offer typically taking up to six weeks.

Said Dawn Cherry : “It may sound inconceivable, but for those hoping to celebrate Christmas 2023 in a new place, this spring is a good time to start getting paperwork in order before putting up the sale board.

“It’s like preparing for a marathon in today’s market, as it’s not unusual for the sale process to take as long as six months.  In these conditions, buyers need to ensure they have their mortgage offer agreed, and sellers need to be well prepared before they even instruct the estate agent.  It’s this sort of approach that will make the difference between a failed sale and getting over the finish line to completion.”

For sellers, preparation includes checking the location of any relevant deeds and conveyancing documents from the original purchase.  While most properties are held by the Land Registry as an electronic entry, old deeds may contain detailed information that does not appear in the Land Registry records.  And any property that has not changed hands for many years may need to be subject to a digital registration, requiring the original deeds.

Other key paperwork is to cover any modifications to a property that required planning permission or building regulations consent.  Here, certificates will be required to show these aspects have been followed and satisfied.  For leasehold property, any works requiring approval by the freeholder will need to be documented too.

And any electrical or gas work will need a certificate to show that the work has been properly carried out in accordance with applicable regulations by a suitably qualified technician.  Similarly, new oil boilers or oil tank installations should have an OFTEC certificate and new windows should have a FENSA certificate.

She added: “Sellers who are race-ready before they market will make sure their solicitor has already examined the title, lined up all the paperwork, anticipated any problems and dealt with them in advance.  It’s a tactic that avoids delay later and means they are ready to act immediately when a buyer is found.

“And for those chasing the perfect property, with a continuing shortage of new instructions coming on to the market, make sure you are the best bet, not just the highest offer.  Sellers will choose the safe option to keep their move as smooth as possible. Buyers who instruct solicitors, get their finances in order, mortgage offers confirmed and even go into rented property so they are chain-free and flexible on completion dates, will show sellers they are serious.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]