Insight Article Archives

Brexit Deal: One man’s view

Posted on November 1, 2017 - 5:16 pm by Penny Dewar

David Davis and his colleagues are deluding themselves and deceiving the country when they pretend that they can negotiate a Brexit deal that will be rubber-stamped by Parliament. The important point that we must all understand is that the approval of Parliament, as enshrined in an Act of Parliament, will be necessary to change the law of the land to incorporate ‘the deal’ because any deal necessarily involves changing the law (see the Gina Miller case).

While many in the UK may not appreciate this, one can be certain that EU officials understand it and it is likely to shape a twin EU objective of only agreeing on a deal which is expensive for the UK and which acts as a deterrent to other member countries – with an overarching objective of inducing the UK to reconsider its leave decision.

In some 15 months’ time, to avoid the political humiliation of not having been able to negotiate a deal, the government will put the best deal that is on offer to the House of Commons. It is reasonable to believe it will be unpalatable.

The Labour Party and other ‘remain’ MPs are unlikely to endorse a bad deal. The Government will need to call an election (which it is likely to lose) or hold a late second referendum or both. The country will be in a mess as the clock ticks down to March 2019, when, absent an agreement to postpone the leaving date, it will leave without a deal and with little or inadequate preparation.

To avoid a chaotic outcome a new Government is likely to agree with the EU on an extension of the leaving date to allow for a second referendum. All the Labour Party has to do to win an election is to offer the country a second referendum – it will have wide support.

Remainers may view such an outcome as an acceptable one. But if a ‘stay’ referendum result is delivered towards the end of 2019, the UK will have suffered political and economic turmoil for nearly four years.

This can be avoided or shortened The Government should accept that it needs the House of Commons on its side and is unlikely to get an acceptable deal without a second referendum. The question or box-ticking exercise can be simple such as ticking one of the following:

Should the UK stay in the EU?
Should the UK leave even if it cannot get an acceptable EU deal?

If the majority tick the second box then the EU, the House of Commons and the country at large will understand the strength of the electoral will and we are more likely to get a sensible deal from the EU. Consider how much stronger the negotiating hand of David Davis et al will be. The Government should organise a second referendum immediately.

And if the majority tick the first box we can all get on with our lives without Brexit.

For more information on Brexit and one man’s views, speak to John Gillette.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Tenant alterations

Posted on October 31, 2017 - 6:55 pm by Penny Dewar

If your lease is silent in this regard, you can carry out such works. However, this is unlikely. Your lease is more likely to contain a tenant covenant regarding alterations, typically stating that internal non-structural alterations are permitted (with consent not to be unreasonably withheld) but that external and structural alterations are prohibited.

So, what then? A landlord is always free to grant consent to works even if the lease terms prohibit them; therefore, you could try asking your landlord for consent.

Section 3 of the Landlord and Tenant Act 1927 allows a tenant, in certain circumstances, to carry out works even if the terms of the lease prohibit them. The works cannot fall within the tenant repair covenant and must be classed as “improvements”. Further, section 3 applies only to business premises, not domestic/residential.

So how does section 3 work? As a tenant, you would serve a notice on your landlord detailing the proposed works and attaching any plans/specifications. If your landlord does not object within three months, you can proceed with the works.

If your landlord does object, then you can make an application to the court, which can (subject to its ability to impose conditions and modify the plans) authorise the improvements provided they:

are calculated to add to the letting value of the property at the termination of the tenancy;
are reasonable and suitable to the character of the property; and
will not diminish the value of any other property which belongs to the landlord or any superior landlord.

If you go on to complete the works, you must apply to your landlord for a certificate of completion confirming that the works have been completed.

Another possible outcome is that your landlord could offer to carry out the work for a reasonable increase in rent. In this scenario, you would not be obliged to accept the offer and could withdraw the section 3 notice so that the landlord would not be entitled to carry out the works and increase the rent.

In this situation, section 19(2) of the Landlord and Tenant Act 1927 (which applies to commercial and some residential property) may assist and qualify the covenant with a proviso that consent cannot be unreasonably withheld.

For section 19(2) to apply, the works must again be classed as “improvements”, but here the works are looked at from the tenant’s point of view and need not add to the letting value of the property.

In practice, you could apply to the court for a declaration that consent is being unreasonably withheld, or you could take the commercial risk of carrying out the works without consent. However, because section 19(2) does not impose a positive obligation on the landlord not to withhold consent unreasonably, you would have no right to claim damages if consent was unreasonably withheld.

One final point to note is that tenants of a domestic privately rented property can, pursuant to the Energy Efficiency (Private Rented Property) (England & Wales) Regulations 2015, request the landlord’s consent to energy efficiency improvement works. This applies where the lease either prohibits the works or the works are subject to qualified consent and require that the landlord (subject to specified exemptions) does not unreasonably refuse consent to the works.

Call our property law specialist, John Gillette, today if you have any questions regarding tenant alterations.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Getting it right to grow the spirit of enterprise

Posted on October 20, 2017 - 12:24 pm by Penny Dewar

Recently that’s included a five-year-old girl whose enterprise was selling cups of homemade lemonade to passers-by heading to a festival. She was stopped by enforcement officers who hit her with a fine for running an unlicensed stall. The fine was later dropped after attracting negative media coverage, but the incident highlights one of the ways that lack of knowledge is affecting would-be entrepreneurs.

Trading on the street requires a licence, granted usually by a local authority or the Metropolitan Police in Greater London, and the application must specify the proposed days and time of trading and the location. Trading areas are often restricted and there’s no guarantee of getting exactly what you’ve asked for; for example, the number of days may be restricted.

Operating without a street trading licence, or outside the conditions of a licence, can attract fines of up to £1,000!

Another way for a small business enterprise to trade without the commitment of permanent premises is by using pop-up premises to trial their new idea. This can be an ideal way to get a quick and immediate customer response, but both temporary tenants and landlords need to make sure the terms are properly stated, to avoid later difficulties which could include planning permissions, safety requirements or insurance.

Head of commercial property, John Gillette, explains:

“In the first flush of enthusiasm in today’s gig economy, many people don’t realise they need to get to grips with many of the things that bigger business has to take on. With pop-ups, even when it’s a temporary agreement, it creates an interest in property and so you should take advice and make sure it’s documented with a licence or short-term lease.”

Telling HMRC that you’re self-employed and then declaring any self-employed income each year is another important step in going into business. But for smaller traders there is a now a tax-free allowance that came in from April 2017 which means there is no need to declare or pay tax on the first £1,000 earned each year, with another £1,000 allowance for any property-related income. If your income is more than £1,000 before deducting expenses, you must declare it, but can still take advantage of the allowance. However, the allowance for property-related income cannot be claimed in addition to the £7,500 a year tax-free income allowance for landlords who rent out a spare room in their house.”

Former head of corporate and commercial, Veronica Hartley, added:

“There are some great ways to earn extra income these days, whether it’s letting out your drive for parking, trading on eBay or coming up with the apps of the future. Going into business has become much less daunting, but getting advice before you start may help avoid difficulties later.

Parents need to be aware too. With a smartphone in one hand and schoolbook in the other, increasing numbers of teens are looking to get a foothold in business before leaving school, but there are rules and restrictions on the hours that can be worked by those under 16, whether in or out of term time. They may seem irrelevant when a teenager is running an enterprise that is wholly online and operated from their bedroom, but one important aspect of the rules is to protect performance at school, so parents need to be sure time spent is not excessive and undermining classroom ability.”

Speak to corporate consultant Veronica Hartley today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

How vulnerable is your business to hackers?

Posted on October 10, 2017 - 10:05 am by Penny Dewar

A recent poll carried out by Barclaycard found that out of 500 SMEs asked, 44% were worried about the effects of a cybercrime attack or data breach, compared to 34% who were more worried about Brexit as a major impact on their future. It seems that the back-door hackers have more of a hold over our concerns than the Brussels bureaucrats. The result is that last year, UK SMEs spent £2.9 billion on cyber security. That’s an average of £1,600 per business, with 34% of small businesses concerned about managing and preventing threats and breaches. While consumers may be more cyber-savvy, it seems that businesses still have some catching up to do.

The average cyber-attack will cost an SME around £3,000, and the FSB found that, on average, small businesses in the UK are the victims of around four attacks every two years.

As well as damaging your business (and your reputation), a cyber-attack could leave you open to accusations of failing to protect personal data, especially if you hold client or customer information digitally (such as credit card details). With the new General Data Protection Regulations (GDPR) now coming into force, you have a duty of care to protect your clients’ personal information. If your firewalls and anti-virus software allow an attack to get through and as a result directly impact your clients and customers (such as their personal details being stolen), then you could end up in court. That data includes not just financial details, but names, addresses, telephone numbers, in fact, anything that could identify your customers.

From 25 May 2018, it’s up to you to take care of your customers’ data. You will also be required to report any attack to the relevant supervisory authority within 72 hours of becoming aware of a breach and prove that you have taken all reasonable precautions to stop an attack.

How to beat the hackers

Ideally, have professional IT advice, but having a robust firewall and up-to-date anti-virus software is a good start, making it more difficult for hackers to get into your system. To keep your business and your information secure you should:

Update your system

The most recent attacks have been against the now-aged Windows XP operating system. While it’s a good, solid operating system, it’s vulnerable to attacks and is no longer supported by Windows. Thus, XP is not being ‘patched’ (including security updates). ‘Byte’ the bullet and upgrade.

Build a better firewall

Firewalls and anti-virus software should provide you with a good line of defence. Make sure you choose one that is designed to cover networks, rather than just single outlets. Buying a home firewall and then asking it to protect your multi-user office system is asking for trouble.

Train your staff

It is worth having a designated Cyber Security officer if you’re a medium-sized business and get them trained in the latest techniques for Threat Analysis, mobile and static security, and even Ethical Hacking. But it’s also well worth training all your staff on how to recognise phishing emails, the dangers of clicking on unrecognised email attachments, and online security protocol.

Back up regularly

That means every week, not every year. If you have a recent back-up point then you’re less likely to lose all that essential information, even if a hijacker locks you out.

Can you hold your internet service provider or your software provider responsible for a cyber-attack?

If you’re thinking of bringing a juicy case against Microsoft for allowing a worm to wiggle its way through your firewall and into your computer, think again. You’ve signed a licence agreement with a software provider, which puts the onus back on you to ensure you allow regular updates and patches to be uploaded onto your operating system. Your internet service provider is also pretty much out of the loop as far as legal action goes, as attacks are usually so widespread that no provider is immune.

So, the best course of action is ensuring you do everything you can to protect yourself, your business, and your data.

For more information on hackers and your business, speak to corporate consultant Veronica Hartley today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Good practice is vital for employers in managing tribunal claims

Posted on September 27, 2017 - 4:09 pm by Penny Dewar

This is likely to open a floodgate of litigation. A recent preliminary hearing in the Employment Tribunal has confirmed that an ex-employee should be granted an extension of time to pursue her out-of-date unfair dismissal claim, on the basis that the original action was dropped due to the fees.

In giving the go-ahead for an extension in the case of Dhami v Tesco Stores Ltd, the claimant could show they had lodged the original claim within the three-month time limit and the fees were an important reason for not proceeding. It is likely that many more out-of-date claims will be put forward, and, as a result, employers may find themselves firefighting situations that were considered closed.

The Supreme Court ruling in July in R (on the application of UNISON) v Lord Chancellor put an end to the requirement for a fee to be paid on submitting a claim, known as the issue fee, and another a few weeks before the hearing. Introduced in 2013, the cost was more than £1,000 for complex claims, and the number of tribunal claims dropped by two-thirds as a result.

The public service union UNISON brought the case, arguing that the fees undermined the fundamental principle of access to justice for all and that it was discriminatory as women generally earn less and so were likely to find it harder to pay. The Supreme Court agreed, saying it was unlawful under both domestic and EU law, and the fees were abolished with immediate effect, and payments made under the scheme were to be refunded.

Commentators and employer groups were quick to predict a steep increase in claims back to previous levels, arguing that with no financial risk involved, employees will be more likely to make a claim, whether legitimate or bogus.

Our employment partner, Karen Cole said:

“For now, employers who focus on best practice and knowing their responsibilities will be better placed to manage any such claims. This is the time to identify any potential claims that may be made, and having reviewed the circumstances, take steps to avoid such things recurring. Demonstrating a positive attitude to any Employment Tribunal will stand a business in good stead.”

She added:

“It’s more important than ever to have a positive working environment, as well as ensuring compliance with the many laws applying in the workplace.

It’s not only good for business, but should minimise the risk of claims. If you do find yourself facing a claim, then think about maximising mediation efforts, and using ACAS Early Conciliation as an opportunity to resolve things swiftly. Equally, if having investigated the claim and having tried to resolve the matter by conciliation, you believe that the employee is just trying it on because they have nothing to lose, it may be worth being bullish and going for costs, a deposit order or applying to strike out proceedings. Each case will turn on the facts.”

Speak to employment partner Karen Cole to find out more about Employment Tribunal claim fees.

Note: This article is not legal advice. It provides information of general interest about current legal issues.

Top 5 tips for a successful business relocation

Posted on September 22, 2017 - 5:27 pm by Penny Dewar

If you’re undertaking a business relocation, then you have a completely different set of things to worry about. Rather than ‘Where’s the kitchen box with the kettle gone?’ it’s more ‘Where’s the box with the server gone!’. You’ve also got to make sure that a move doesn’t cost you more than just the price of the removal van, and that your business doesn’t suffer as a result.

Business relocations should be smooth transitions with barely a ripple. But assuming you’ve got everything packed and ready to go, and the removal team is heading up the stairs to start moving out desks, here are our top 5 tips to make sure your relocation is a success.

1. Get all the legal paperwork done

A change of business address isn’t simply a matter of informing your customers with a piece of paper in the window saying, ‘We’ve moved!’ and an arrow pointing down the street. You need to let everyone know your new address, and that includes organisations like HMRC, the VAT-man, Companies House, and your legal team.

It’s important to make sure all your insurance documents are revised, too, and that any H&S certification is revised and up to date before your team starts work in the new building. Talk to your solicitor well before moving day to make sure your paperwork’s in order.

2. Future-proof your business

It’s probably a bit late to ask this, but are you sure you’ve moved to the right place? If your business move is the result of growth, then you’ll need to make sure that you don’t have to go through the same rigmarole all over again in a year’s time, just because you’ve moved to an ever-so-slightly bigger office and outgrown it faster than you thought you would. Plan well ahead, and anticipate your needs not in a year’s time, but five years down the line. Future-proof your business needs by picking your new location very carefully.

3. Don’t forget the tech

Priority number one (after unpacking the coffee maker) must be your internet connection. Whether your business is 100% reliant on tech, or you just send the occasional email, you must make sure your tech connections and communication systems are up and running from the moment you open the door. Make sure you’ve let both your ISP and your telecoms provider know that you’re moving and arrange for the infrastructure to be in place before you move in.

4. Keep productivity up

This can be one of the hardest things on the list. A business move is hugely disruptive to the everyday routine of your business, and it can demotivate your workforce too. There is an argument that a ‘Business as Usual’ approach is best, but sometimes this can be counterproductive. The key is to keep communications wide open. Listen to your staff. Does this move create the opportunity for a more productive working environment? If you take on board suggestions from your team then not only will they feel more engaged and energised by the transition, but they’ll probably help you shift a few boxes too!

If your company is a manufacturing business, then logistic planning to keep the wheels of industry turning is essential. Liaise with your floor manager and operators well in advance to prioritise which machines are moved first, so that production is restarted as quickly as possible once you’re in your new premises.

5. Tell people you’ve moved!

If nobody knows you’ve moved, you’re going to be twiddling your thumbs until they find out where you are again.

Make sure everyone knows well in advance that you’ve relocated, especially if you’ve moved a considerable distance. Send out an e-newsletter to all your regular customers and clients, update your website, and banner the move on your landing page. Take out advertising in relevant trade press, or do a mail-shot (it’s old-fashioned, but it works!).

One of the best ways to get a positive response from customers is to use the move to ‘relaunch’ your new, improved and re-energised business. Make a big deal out of the move so that it’s seen as a positive. And make sure you hand the keys back and switch the lights out before you leave your old office.

Speak to commercial property partner John Gillette or corporate partner Victoria Holland today to ensure your business relocation is a success.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Giving rookie renters a helping hand

Posted on September 22, 2017 - 1:30 pm by Penny Dewar

Parents can help guide the rookie tenants through the process but may themselves not be aware of how things have changed since their uni days or first-time flat rental.

Parents and students often focus on the emotional upheaval or logistics rather than the important details of checking out the property and ensuring the landlord is a safe bet.

Privately-owned student accommodation is likely to be a house of multiple occupation (an HMO) if it accommodates three or more students. AN HMO places extra obligations on the landlord. For example, an HMO must satisfy special requirements regarding fire and general safety, utility supplies and management of communal areas, which could include fire alarms, extinguishers and fire blankets on every floor. You can also ask to see the landlord’s HMO licence. If a landlord doesn’t have a licence when they should, they can be prosecuted, and you may reclaim up to 12 months’ worth of rent paid during the time that the HMO was unlicensed.

Whether the property is classed as an HMO or not, all landlords should ensure that gas appliances are covered by an annual check, that all electrical installations are checked every five years by a qualified electrician and that any appliances like washing machines, kettles or toasters have a PAT certificate.

Any agreement will likely be based on an assured shorthold tenancy (an AST) in privately owned student accommodation. This can be for a fixed term, such as the academic year, for 12 months, or periodic, which may run from month to month. Most lets include the summer holiday period these days, with either full or reduced rent due.

The landlord should provide a written agreement, and as a minimum, this should be a statement of the main terms, including:

the date the tenancy will begin
the rent due
when and how it must be paid
if the rent can be changed
how long the agreement is for

Under some agreements, the tenants may be jointly and severally liable for the rent. This means that if one of the tenants does not pay their share, the landlord can sue any of the other tenants for the unpaid rent and may pursue the easiest option. E.g., in a house share with a mix of home and overseas students, the landlord may choose to pursue one UK resident for the whole sum rather than any of the overseas students. Also, every student will likely have to be backed up by a guarantor such as a parent.

By law, the landlord must hold any deposit in a registered deposit protection scheme, and you should ask to see evidence of this being done within 30 days. The deposits may be held in the name of one or more designated tenants.

The property should be checked carefully against the inventory. Whether this is a comprehensive record of all contents and the general condition of each aspect of the accommodation or a simple list, it’s worth taking photographs of the condition of everything, including any damage or poor condition that you pick up as you go around the property, to ensure that you have a strong case for the full return of your deposit at the end of the tenancy.

Recently, a group of student tenants in Bristol took a letting agent to court and overturned a deduction of £780 worth of charges which was being taken from their deposit to cover redecoration and cleaning. The students had photographic proof of the state of the accommodation when they took it on and could show it was cleaner when they left, as well as having evidence to demonstrate that works claimed for by the letting agent had not subsequently been done. Their attention to detail helped them secure a County Court judgement and the return of the deposit.

Property partner, John Gillette, explained:

“Thanks to the huge rise in demand for university places over recent years, many different types of investors and private landlords have entered the student accommodation sector. There’s been a big shift away from the scruffy digs that people used to experience at university, but there are still many older properties that may be more likely to pose problems in terms of repairs and general condition, and no sector is immune from difficult landlords.

The important thing is to make sure young people have some guidance, and if necessary get the contract and terms checked out professionally. It’s likely to be the parent who is on the line as guarantor, so it’s worth taking time to be sure, and not just jumping to secure a last-minute property.”

John’s top tips include:

If you’re using a letting agent, be sure of their procedures and where a holding or advance rental deposit is required. Find out if it will be refunded if the application fails to complete, for example, if you don’t pass a credit check.
Ask for the relevant licences, such as for a House in Multiple Occupation and any gas or electrical installations and appliances.
If the letting agent or landlord says that any work will be undertaken as a condition of you taking on the tenancy, get it in writing before signing any agreement.
Read the small print on the tenancy agreement, and if anything doesn’t sound right, get it checked out, as once you’ve signed, you’re committed.
Check the inventory – dispute anything inaccurate and take photographs when you move in.
Make sure the deposit is being held in a Government-backed scheme.

Note: This is not legal advice; it provides information of general interest about current legal issues.

How to behave in front of the children during a divorce

Posted on September 21, 2017 - 1:05 pm by Penny Dewar

From the outset, it is important to recognise that children react to stressful situations in very different ways to adults. They have no frame of reference to work from, so the feelings of abandonment, confusion, loneliness and even anger are new and often completely overwhelming to them. Children often blame themselves for their parents’ relationship breaking up, and convincing them otherwise can be very difficult.

Because children can find it difficult to express their emotions in terms that an adult will understand, they can also ‘shut down’ and keep their feelings hidden. So, it is not unusual for parents to underestimate their marital issues’ impact on their children. Little Johnny isn’t ‘fine’ by any stretch of the imagination – he’s hurting badly and unable to communicate how he’s really feeling right now.

The first responsibility of any parent is to keep the confrontation to an absolute minimum, especially in front of the children. If you row, do it where they cannot witness or hear it. Do not underestimate how quickly they can pick up on an ‘atmosphere’. Children are extremely empathic and can be affected as much by frosty silences as they can by shouting matches.

Have a plan

A parenting plan can help make the transition period much smoother and give you both a point of reference that’s agreed upon and in place before you start divorce proceedings.

Don’t be afraid to ask for help. A third party can often mediate between two partners to ensure the welfare of the children remains a priority from start to finish. Remember that this part of a divorce can become highly emotionally charged, so a mediator can often help to keep a sense of perspective and to calm the situation.

Parental responsibilities

While mothers have parental responsibility from birth (unless the child has been put up for adoption), the situation can often be less than clear for fathers. If you were married at the time of the child’s birth, you have parental responsibility. However, if you were not married, it would depend on the child’s date of birth. If the child was born after 1 December 2003 and the father is named on the birth certificate, they have responsibility.

Who should the child live with?

In most cases, the parents will decide who the child should live with permanently while granting the other parent access. If this can be agreed amicably, then there should be no need for a court order, which is also the best possible outcome for the child.

However, if the courts become involved in the arrangement, they will look at several factors before laying down the agreement in what is now known as a ‘Child Arrangements Order’. This will cover both residence and access rights.

How the courts act

Throughout the procedure, the wishes of the child should be carefully considered and is the top priority as far as the courts are concerned.

The older the child, the more likely they are to have an influence over whom they live with and what visiting rights are allowed.

The courts will use the Children’s Act 1989 as their checklist when dealing with any break-up that involves children. But it is up to you to ensure their welfare is a top priority when you’re away from the courtroom.

That means providing a safe and secure environment that a child can feel at ease in, with an emphasis on ‘secure’. The upheaval that divorce causes puts enormous strain on a child’s perception of stability and can be incredibly damaging. Your relationship with your partner may have ended, but both of your relationships with your children will last a lifetime.

Pippa Marshall is a member of Resolution, an organisation of family lawyers and other professionals who believe in a constructive, non-confrontational approach to family law matters.

Pippa follows the Resolution Code of Practice.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Workforce wellbeing must include mental health awareness

Posted on September 14, 2017 - 2:11 pm by Penny Dewar

Understanding of mental health issues is high on the agenda, thanks to the involvement of the younger members of the Royal family in the Heads Together awareness campaign earlier this year which saw the #oktosay hashtag trending.

Their activity gave an extra boost to Mental Health Awareness Week in June, but now the annual campaign is over, employers have an important role to play in making sure the message isn’t forgotten. By having strategies that focus on mental health as part of employee wellbeing, businesses can help drive individual support, as well as improve the bottom line. They may also avoid potential grievances or even litigation from staff.

Estimates by ACAS suggest that around £30bn each year is lost through lost production, recruitment and absence arising through mental health issues and the Centre for Mental Health estimates that employers should be able to cut these costs by around a third if they implement better management practices to support mental health at work.

Recent research by the Mental Health Foundation, the charity behind Mental Health Awareness Week, found that nearly two-thirds of people in Britain have experienced a mental health problem. The figure is higher for women than for men and for young adults between 18 and 34 and people living alone. It’s a big issue, but often isn’t discussed and campaigners are keen to get everyone talking more, to understand that mental health problems can have a serious impact on an individual, even though they may not be visible in the same way as a physical condition.

Our employment lawyer, Karen Cole explained:

“It’s the cloak of invisibility that may mean things are ignored or potentially mishandled. There is often a reluctance to raise the issue, as people find it hard to talk about mental health. They may feel there is a stigma, or that it could have an impact on their longer-term prospects, if they feel they may be seen as not strong enough.

Employers can help by putting support structures in place, with an open attitude to communication, which can drive better understanding as well as helping to address their legal obligations.”

In some cases, mental health issues may be classed as a disability under the Equality Act 2010, which makes it unlawful for an employer to treat a person with a disability less favourably because of their disability, without a justifiable reason. Mental health issues may be considered a disability if they have ‘a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.’

Karen added:

“Where someone suffers from severe depression, for example, that is not enough on its own to meet the definition of ‘disability’ under the Equality Act; the circumstances would need to meet the requirement of having a substantial and long-term impact on the individual’s abilities on an everyday basis. But, whatever the extent of an individual’s mental health issues, all are equally in need of responsible support and protection from unfair or discriminatory treatment. There is a responsibility on the employer to tackle mental as well as physical health in the workplace and hard-wire it into all aspects of their recruitment and employment policies.”

Tips for employers include:

Have a policy that specifically addresses mental health issues and encourages everyone to feel able to talk about the subject, with a clear route to raise any problems. This should be well published across the business, as well as being included in the staff handbook.
Encourage everyone to understand the issue, through disability and equality training, and equip line managers to identify potential mental health issues.
Establish support networks for employees to access, whether HR-led internal support or through external employee assistance programmes providing access to counselling, medical insurance or occupational health.

Lastly, Karen added:

“Whether recruiting, or with an existing employee, it is important to focus on the ability of an individual to do the job and, if they have any physical or mental impairments, to consider whether reasonable adjustments could be made to enable them to fulfil the role.”

Useful links

Call employment solicitor Karen Cole to discuss Mental Health Awareness in your workplace.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

How to speed up the conveyance process

Posted on August 17, 2017 - 6:29 pm by Penny Dewar

Describing the current housing market as ‘soft’ is a polite way to say it’s tough out there. Belts are tightening, mortgage lenders are asking a lot more questions and delving deeper into your financial history before saying yes to a loan, and bricks-and-mortar simply aren’t moving as quickly as before. House prices are still growing (mostly) but at a considerably reduced rate compared to 2016 PB (Pre-Brexit).

You can make your property as attractive as possible to buyers by making sure you have great photographs, utilise online sellers as well as traditional agents, and even brew up some fresh coffee or bake some cakes to make it smell ‘homely’ when viewers come around.

However, if there’s one thing that really puts the brakes on a house sale, it’s the paperwork. So how can you speed up the conveyancing process and get that SOLD? sign up, even in a soft market?

Know the pinch points

There are several pinch points that can slow up your house purchase or sale, including:

the conveyancing process
a chain
surveys
leasehold agreements
finances

While each of these can act as a roadblock to a successful sale or purchase, the top pinch point must be conveyancing. Let’s take a more detailed look at why this can be such a problem for vendors.

What is Conveyancing?

Conveyancing gathers together all the information you need to make a transaction. That can include information on planning permission, title deeds, probate, and gathering information from local authorities, who are not usually known for their laser-fast processing skills. You must also bear in mind that your conveyancer is not just working on your property sale/purchase, but a dozen others, too.

Just like a jigsaw, to successfully sell or buy a house you need to have all the pieces in place. That means ensuring you’ve got the finances locked in (through a mortgage or loan), you’ve chosen all the criteria for your ideal property, and that you’ve already got your conveyancer in place before you start.

The big slow-down

The pre-exchange period, the point at which the contracts are reviewed, really slows things down to a crawl. This is when your conveyancing expert is waiting for other people to supply them with information, whether it’s mortgage agreements, a draft contract, search results, or copies of other documents such as planning permissions. Even in this digital age, ‘radio silence’ can happen and it’s very disconcerting for the client to wait for days or even weeks without a peep from the conveyancer. If you want to avoid that nerve-wracking wait then ask to be blind copied on all outgoing emails so you stay updated, as well as letting you spot any potential problems earlier.

How to get your conveyance moving

Cut down the delay time by finding a conveyancer as soon as you start looking for a property (as in seriously looking, not just ‘weekend browsing’ expeditions). Look for an experienced conveyancer, who holds the right quality marks such as LawNet Quality Standard ISO 9001.

Get everything in place

Finances, certified identification, etc. and make sure you have someone on your ‘Phone a Friend’ line who can witness signatures at short notice.

Look for properties without a chain

This can shave months off the completion time, and make things much easier for your conveyancer, as they’re not left hanging while the next property in the chain finalises their mortgage arrangement or completes a survey.

Get organised!

Make sure all your ducks are in a row, that you’ve got all the paperwork in place, and that you stay on top of the process from day one. Work with your conveyancer to speed the process up. Have all those important documents to hand so if they’re needed you don’t have to go searching for them.

Speak to the head of residential property Ben Marks today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

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