July 2024

A new Labour government – what’s next for housing?

Posted on 31 July 202426 March 2025 by Sarah O'Sullivan

Residential property review June 2024 – The UK housing market continues to show modest signs of recovery, according to the latest data from Savills.

Despite some house price growth, a significant upturn is unlikely until mortgage affordability improves.

Buyer activity continues to improve, as the number of sales agreed in May was 10% higher than the 2017-2019 average, according to TwentyCI.

The rental market remains relatively consistent. Data from Zoopla shows that, in April, annual UK rental growth was 6.6% – slightly lower than the 6.7% recorded in the previous month. The region with the strongest annual growth was the North East (9.5%), followed by Scotland (9.3%). Rental growth is accelerating in locations close to large cities, such as North Tyneside and Midlothian – more evidence that the pandemic’s ‘race for space’ appears reversed.

New homes in the capital – demand outstrips supply

Demand for new buildings in the capital is increasing, but supply is limited due to high development costs.

Knight Frank data indicates confidence is picking up among London buyers. In April, the number of offers placed on new homes increased 9% year-on-year, while viewings rose 17%. Similarly, for mid-to-upper markets, the number of prospective buyers interested in purchasing a new build was 15 to 20% higher than the previous year.

Despite this growing demand, building costs in the capital have put off some developers. As a result, new starts fell by 20% over a 12-month period, and about 35,000 new homes are being delivered per year – over 30% lower than the Mayor of London’s target of 52,500.

How will the General Election affect the housing market?

Ahead of the 2024 General Election, new homes are the unanimous focus of the manifestos regarding housing.

If the Conservatives remain in government, Rishi Sunak aims to build 1.6 million new homes over the next five years – slightly more than the Labour Party’s target of 1.5 million and less than the Liberal Democrat’s promise of 380,000 new builds per year. Ed Davey stated that 150,000 will be social housing; Keir Starmer prioritises building new social rented homes.

The Labour, Liberal Democrat and Conservative manifestos pledge to fully abolish Section 21 ‘no fault’ evictions. Davey also pledged to create a national register of licensed landlords and make three-year tenancies the default.

If the Labour Party comes to power, they propose increasing the Stamp Duty rate for non-UK residents. Meanwhile, the Conservatives would abolish Stamp Duty for first-time buyers (FTBs) on homes up to £425,000. To further support FTBs, Sunak promised a new and improved Help-to-Buy scheme. Similarly, the Labour manifesto pledged a permanent mortgage guarantee scheme.

All details are correct at the time of writing (19 June 2024)

It is important to take professional advice before making any decision relating to your personal finances. Information within this document is based on our current understanding and can be subject to change without notice, and the accuracy and completeness of the information cannot be guaranteed. It does not provide individually tailored investment advice and is for guidance only. Some rules may vary in different parts of the UK. We cannot assume legal liability for any errors or omissions it might contain. Levels and bases of, and reliefs from, taxation are those currently applied or proposed and are subject to change; their value depends on the investor’s individual circumstances. No part of this document may be reproduced without prior permission.

A new Labour government – what’s next for housing?

Posted on 31 July 202426 March 2025 by Sarah O'Sullivan

Residential property review July 2024 – Following the Labour Party’s landslide election win, what changes might be in store for the UK housing market?

In the Prime Minister’s introduction to the King’s Speech on 17 July, Sir Keir Starmer stated “Too many people currently live with the threat of insecurity and injustice, and so we will make sure everyone can grow up in the secure housing they deserve. We will introduce tough new protections for renters, end no-fault evictions and raise standards to make sure homes are safe for people to live in.”

Several key Bills relevant to the housing market were announced:

Renters’ Rights Bill – rent caps and longer-term tenancy agreements to stabilise the rental market
Planning and Infrastructure Bill – simplified planning procedures and infrastructure funding
Draft Leasehold and Commonhold Reform Bill – abolishment of ground rent and simplification of leasehold extensions and freehold purchases.

Housing market update

Completions and house prices rose in June, but buyer activity fell as the nation awaits a cut in Bank Rate.

The start of 2024 saw a boost in sales agreed, resulting in positive effects being seen in June, with the highest number of completed transactions since March 2023, according to HMRC.

However, a slight decline in mortgage approvals and sales agreed indicate that buyer activity has waned halfway through 2024. Savills report that supply of homes has continued to increase, thus widening the gap between supply and demand. Buyer confidence should be restored once mortgage affordability improves and is dependent on Bank Rate reducing, which Oxford Economics predict will happen in August.

UK annual rental growth fell to 5.8% in May according to Zoopla – down on the 6.6% recorded in April. Commuter belt regions continue to show the strongest growth, particularly in the north of England.

BTL landlords intend to raise rents

Many buy-to-let (BTL) landlords plan to raise their rents within the next year, according to a survey by Landbay.

Nearly 85% of respondents intend to increase rents over the next 12 months, with 37% of this group planning to put rents up by between 6% and 10%. Meanwhile, 36% said they would raise rents by up to 5% and a further 8% of BTL landlords will put them up by between 11% and 19%. The reasons cited for the increases included higher interest rates and increased operating costs.

According to the survey, half of the landlords raising rents self-manage their properties, 27% use an estate agent and a fifth rely on a professional management company. The survey also found that 42% of landlords have between four and ten properties, while 28% own at least 20 rental properties.

All details are correct at the time of writing (18 July 2024)

It is important to take professional advice before making any decision relating to your personal finances. Information within this document is based on our current understanding and can be subject to change without notice and the accuracy and completeness of the information cannot be guaranteed. It does not provide individual tailored investment advice and is for guidance only. Some rules may vary in different parts of the UK. We cannot assume legal liability for any errors or omissions it might contain. Levels and bases of, and reliefs from, taxation are those currently applying or proposed and are subject to change; their value depends on the individual circumstances of the investor. No part of this document may be reproduced in any manner without prior permission.

Celebrating Excellence: Tees’ Women in Finance Shortlisted for Top Awards

Posted on 29 July 202429 March 2025 by Sarah O'Sullivan

Three out of six leading ladies in our Wealth team who were nominated for awards have been shortlisted in the final of the Women In Financial Advice 2024 Awards.

This year, Tees Financial Limited had six women from our Wealth team nominated for the prestigious awards.

The nominees were as follows:

Cailin Lehmann, Financial Services Manager

Cara Lambert, Senior Wealth Planner

Emma Fisk, Senior Financial Planning Administrator

Laura Blyth, Wealth Planner

Megan Johns, Trainee Financial Adviser

Toni Chalmers-Smith, Wealth Specialist

Cailin, Laura and Toni have now been announced as being shortlisted to the finals.

This is the second time in a row that Laura Blyth has reached the final stages, whilst Toni Chalmers-Smith has been a finalist for four years in a row. Previously, Cara Lambert was shortlisted as a finalist for two years.

Additionally, Toni Chalmers-Smith has reached the finals for Later Life Adviser of the Year in The Women’s Recognition Awards 2024.

Toni Chalmers-Smith, said: “This is a great achievement for me to reach the finals of two separate awards, but more importantly, this is a big achievement for the team.

I think the nominated and shortlisted candidates are all brilliant. It really shows the high level of work the ladies in our team undertake and the high quality of that work, too.

I’m proud of us all, and fingers crossed for the win!”

The Later Life Adviser award will announce its winner on Tuesday, 22 October, whilst the award ceremony for the Women In Financial Advice will be held on Wednesday, 6 November, both in London.

These awards are not about men versus womenor whether a particular gender is more suited to a career or role in financial services – they are simply about celebrating and recognising the achievements of women in a sector where they continue to be under-represented.

Good luck to our wonderful women in finance!

Understanding civil partnerships: Your comprehensive guide

Posted on 26 July 202422 March 2025 by Sarah O'Sullivan

What is a civil partnership?

A civil partnership is a way for couples, whether heterosexual or same sex, to formalise their relationship, without getting married. Civil partners have the same rights as married couples and legal rights covering issues such as:

parental responsibility
inheritance tax
social security
tenancy rights
life insurance recognition
next of kin rights.

There is no legal requirement for a civil partnership to be accompanied by a ceremony or an exchange of vows. Couples can of course choose to incorporate these elements in celebration of their partnership.

Currently, you can only convert a same-sex civil partnership to a marriage.

The common law marriage myth

Only through a valid civil partnership or marriage can a couple acquire automatic legal rights as a couple that protect them in the event of separation or death. It is not the case that a couple who have lived together for a long time and/or have children together will have any legal rights as a couple and responsibilities to support each other in the event of separation – the concepts of ‘common law wife’ and ‘common law marriage’ have no legal status. If you intend to enter into a cohabiting relationship or are in a cohabiting relationship, take advice from a solicitor to ensure that you are protected.

How does civil partnership differ from marriage in the UK?

While both forms of partnership have similar rights from a legal point of view, there are differences in the way they are created and ended.

To enter into a civil partnership, couples are required to sign a civil partnership document in the presence of two witnesses and a registrar. A marriage instead requires the exchange of words (vows) at a formal religious or civil ceremony. The civil partnership certificate includes the names of both parents of each partner, whereas a marriage certificate only includes their fathers’ names.

Consummation is currently a prerequisite for a valid marriage in England and Wales, meaning failure to consummate a marriage is a ground for annulment. Civil partnerships cannot be annulled on a ground of non-consummation. This offers an alternative for those couples who believe that consummation should not be a prerequisite to a formalised partnership.

A civil partnership is ended by a Dissolution Order, but marriage is ended by a Final Order (Divorce); both are lengthy procedures.

Dissolving a civil partnership

If you want to end a civil partnership, you need to apply to the court for a ‘dissolution order’, by confirming that your partnership has irretrievably broken down. You will also need to agree with your partner on how to resolve practical and financial issues. The process used to end a civil partnership is called a ‘dissolution’. The first step is applying for, and completing, a dissolution application form.

Dissolving a civil partnership can be straightforward when both partners are in agreement. However, if you disagree over practical issues (childcare, finances and property) then the process can be longer and more complex and require the involvement of solicitors to aid with negotiations.

When can I apply to end a civil partnership?

You can apply to dissolve a civil partnership one year after you entered into it. To end a civil partnership in England and Wales, one (or both) of you must live in England or Wales (or be domiciled here -i.e. consider their ultimate home to be here). It does not matter in which country you entered into the partnership.

What are the grounds for ending a civil partnership?

You must confirm on the application that the relationship has broken down irretrievably. It is no longer necessary to cite fault – such as unreasonable behaviour or adultery, which was necessary until 2022.

To start the dissolution proceedings, you must complete an application form, which can be made by one partner or both partners as a joint application.

The application can be completed on paper or online and in either case, the court fee for processing the application is £593. You will need to provide your original partnership certificate in the case of an application on paper, or a scanned copy of it if you’re applying online.

What happens after I send the application to the court?

The court will process your application. If you’ve made a sole application, the court will send your civil partner (or their solicitor) a copy of the application and a form to acknowledge receipt of the documentation. The only bases to dispute the dissolution are jurisdiction (i.e. where the divorce should take place), the validity of a marriage or civil partnership or that the civil partnership has already ended.

If you’ve made a joint application with your partner, the court will send both parties a notice of proceedings.

20 weeks after the application was first issued, you (or you and your partner together) can apply for a conditional order, which is the first stage in the dissolution process. In that application, you confirm that the details given in the original application are correct and you wish the proceedings to proceed.

Assuming the application is correct, the court will make a conditional order. Six weeks and one day after the conditional order is made, an application can be made for the final dissolution order which ends the civil partnership.

How long does it take to end a civil partnership?

The application for a conditional order (the first stage) cannot be made less than 20 weeks from the date of the original application, and then the application for a final order cannot be made less than six weeks from the date of the conditional order. However, there are other circumstances that are likely to have an impact on how long it takes to obtain a final order.

Starting the process with a joint application will get the process off to the most conciliatory start. But time will need to be built in for completing and signing documentation on a joint basis.

There can be delays in the court processing the applications. This is beyond the control of the parties or any solicitors involved.

Importantly, it is usually sensible to wait until after a financial agreement has been made (and approved by the court) before applying for the final order. For more information read our article on the importance of obtaining a financial consent order. In many cases reaching a financial agreement (or an agreement in relation to the children of the partnership) takes longer than the dissolution itself. However, it is crucial that the appropriate time is taken for advice and agreement on finances, even if that holds up your final order. A solicitor can advise you on the timing of your application.

Can I separate from my civil partner without getting a dissolution?

Yes. If you want to separate from your civil partner, but don’t want to dissolve the civil partnership (or it’s been less than a year since it was registered). However, the agreement reached regarding your finances will not be fully binding and enforceable unless you have a final dissolution order and the court has approved the agreement. You should also be aware that the financial rights and responsibilities between you will continue until the final order is made (see below).

What are my financial rights after ending a civil partnership?

Separating civil partners have the same financial rights as divorcing couples. They have a right to claim maintenance (‘alimony’), lump-sum payments, property transfers or sales and pension sharing or attachment orders.

Dissolve a civil partnership – expert family law solicitors

Ending a relationship is tough, regardless of the circumstances. Whether the breakup was amicable or acrimonious, it pays to have someone on your side.

While there is little room for dispute in the dissolution of the civil partnership itself, agreeing financial arrangements and arrangements for children can be challenging.

At Tees, a dedicated solicitor will explain your rights and the steps you need to take. We’ll support you at every step and protect your interests. We can support you in the background, equipping you to communicate directly with your partner about arrangements for your dissolution, including financial and children matters; or we can take on that communication for you. Where necessary we can suggest ways to reach agreements on finances and children, such as mediation or arbitration. If other avenues are not appropriate and it becomes necessary to ask the court to determine what happens, we can advise you through that process, while always keeping in mind opportunities for out of court settlement along the way.

Mediation around dissolving a civil partnership

Mediation is a really effective way for a couple to reach an agreement with the help of an independent mediator. You can use a mediation process to sort out disagreements and reach decisions about important things like money, property and childcare. Mediation can be a quicker, less stressful and less expensive alternative to court proceedings. It allows a couple the opportunity to maintain direct communication in a supported environment and helps both partners feel in control of the situation.

An independent, trained mediator will help both parties understand the issues and come to a workable agreement. Tees have specialist mediators on hand to advise you through mediation, and we can ensure a mediated agreement becomes legally binding.

Legal tips for marriage: Prenups, insurance, and more

Posted on 24 July 202422 March 2025 by Sarah O'Sullivan

Planning for your big day? Don’t overlook these key legal considerations to ensure a smooth journey to the altar. From prenuptial agreements to wedding insurance, understanding your rights and responsibilities is crucial. Here’s everything you need to know about wedding insurance, prenups, and marrying abroad.

Is living together the same as marriage?

No, living together doesn’t provide the same legal rights as marriage. Although 3.4 million couples in the UK cohabited in 2023 (source: Office for National Statistics), many are unaware of their lack of legal protections. Cohabiting couples don’t have the same rights regarding inheritance, income, or capital after a partner’s death. If you’re living together, it’s important to understand these limitations.

What is wedding insurance?

Wedding insurance protects your financial investment in case things go wrong with your wedding arrangements. Coverage typically includes things like venue cancellations, lost deposits, food, flowers, and wedding attire. Without insurance, you may be out of pocket if a supplier fails to deliver.

Why should you get wedding insurance early?

Take out wedding insurance as soon as you start planning—before paying any deposits. Some policies may not cover services booked through a wedding planner, so check the terms carefully. Policies also typically don’t cover cancellations due to personal decisions like a breakup. If you’re marrying abroad, ensure you have separate travel insurance for your honeymoon and specialist wedding insurance.

Getting married abroad: What you need to know

If you plan to marry abroad, ensure your marriage will be legally recognized when you return to the UK. For your marriage to be valid:

It must be allowed under UK law.
You must follow the legal requirements of the country where you’re marrying.

If you’re unsure, consult a family law solicitor before your wedding. They can guide you through the process and help you understand whether extra steps are necessary. You’ll also need to research the specific requirements for your destination country. Websites like GOV.UK offer a helpful guide, but a lawyer with knowledge of the country’s marriage laws can provide extra peace of mind.

What is a prenuptial agreement?

A prenuptial agreement (prenup) is a legal contract that determines how assets, debts, and finances will be divided in the event of divorce. To ensure it is enforceable, prenups must be signed at least one month before the wedding, and both parties must provide full financial disclosure. Independent legal advice is essential to ensure both sides understand the terms and implications.

Is a prenup legally binding in the UK?

Yes, but a judge may not uphold it if deemed unfair, especially if it fails to provide adequate provisions for children or a spouse. The agreement must also be free from duress, and both parties should have received independent legal advice. Prenups made under a month before marriage are less likely to be enforced, so plan ahead.

Home ownership and property deeds in marriage

If you own a property before marriage, you may want to transfer the title into both names. If there’s a mortgage, you’ll need the lender’s consent, and if it’s leasehold, you might need permission from the freeholder. For guidance on deed transfers and mortgages, consult a conveyancing solicitor to ensure everything is handled correctly, including any potential stamp duty.

Should I update my will after marriage?

Marriage automatically invalidates any existing will unless it was specifically made ‘in contemplation of marriage’. It’s highly recommended to create a new will before your wedding to ensure your wishes are clearly outlined. If you have a foreign will, consult a legal expert to confirm its validity after marriage.

Will my partner inherit my pension after my death?

Pension rules can be complex, and they vary depending on the type of pension you have. Don’t assume your spouse will automatically inherit your pension. For example, if you’re receiving a final salary pension or have an annuity, changes may not be possible. However, you can make provisions for your spouse by setting them as a beneficiary for pensions and annuities before your wedding. State pensions remain unaffected by marriage.

Equity release can take some of the stress out of divorce

Posted on 16 July 202429 March 2025 by Sarah O'Sullivan

Rose and James are getting divorced late in life. In this scenario, they use the release of equity in their jointly-owned home to help make splitting their assets easier.*

Both aged 73, Rose and James Heath are going through the stressful process of dividing their assets for the financial settlement of their divorce.

Rose wants to stay in the marital home, but James has agreed to move out and buy a new property. They have agreed to divide the value of their house evenly and have £100,000 in joint savings.

With their house valued at £375,000, Rose needs to access £140,000 of equity in the property via a lifetime mortgage, paying the remainder of the money owed to James from her savings.

By choosing a lifetime mortgage, Rose can remain in her home while retaining ownership, guaranteeing no negative equity, and have the option of monthly repayments. James can now access his finances and buy himself a property.

Things to consider

Before applying for equity release, weighing alternative options and looking at the possible effects on your finances is important. These include:

Downsizing and other forms of finance
Compound interest roll-up, if chosen
Early repayment charges
Long-term care and state benefits considerations
A lifetime mortgage may impact the inheritance you leave

Get in touch

Speak to our Wealth Specialist, Toni Chalmers-Smith or Senior Associate Solicitor Catherine Banks at Tees today.

*Examples of customer scenarios only. Every case will be different.

This material is intended for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice. Some information quoted was obtained from external sources we consider to be reliable.

Tees is a trading name of Tees Financial Limited, which is authorised and regulated by the Financial Conduct Authority. Its registered number is 211314.

Tees Financial Limited is registered in England and Wales, registered number 4342506.

Equity release: Upsizing to the house of your dreams

Posted on 16 July 202429 March 2025 by Sarah O'Sullivan

In this scenario, Lucy and Max are using a lifetime mortgage to supplement the purchase of a property which would otherwise be outside their reach.*

Lucy and Max Ford are a retired married couple aged 65 and 67. It has been their dream to move to a coastal village, and now that their children have moved away, they have no ties to where they currently live.

An equivalent property in the area they want to move to costs around £350,000. Their present home, on which they have no mortgage, is valued at £270,000, so they need to find an extra £80,000 to meet the cost of the new property.

They decide to release equity from their house by using a lifetime mortgage to supplement the purchase. Once they have found the property they want and a buyer for their current home, they simultaneously complete on the new house and release funds from the lifetime mortgage, enabling them to fund the price difference.

Their lifetime mortgage allows them to retain ownership of their home while guaranteeing no negative equity. It also gives them the option of monthly repayments if they want to reduce interest roll-up.

Things to consider

Before applying for equity release, weighing alternative options and looking at the possible effects on your finances is important. These include:

Downsizing and other forms of finance
Compound interest roll-up if chosen
Early repayment charges
Long-term care and state benefits considerations
A lifetime mortgage may impact the inheritance you leave

Get in touch

Speak to our Wealth Specialist, Toni Chalmers-Smith or Senior Associate Solicitor Catherine Banks at Tees today.

*Examples of customer scenarios only. Every case will be different.

Tees is a trading name of Tees Financial Limited, authorised and regulated by the Financial Conduct Authority. Its registered number is 211314.

Tees Financial Limited is registered in England and Wales, registered number 4342506.

How an interest-only mortgage is repaid at term through equity release

Posted on 16 July 202429 March 2025 by Sarah O'Sullivan

Sarah’s interest-only mortgage has expired, and she has to repay the capital. In this scenario we see how she’s able to use the equity in her home to manage the repayment.*

Sarah Jones is a 65-year-old retired widow. Her residential interest-only mortgage has reached the end of its term, and she is now required to repay the capital sum of £80,000.

Based on her age and income, she could not qualify for a Retirement Interest Only (ROI) or residential mortgage, and her mortgage company is unwilling to extend the term any further. Also, she does not want to downsize.

By choosing a lifetime mortgage, Sarah is able to release the £80,000 from her home’s equity to pay off her mortgage. Payments are optional, but in the months when she has surplus cash, she may choose to make a payment to help reduce the interest roll-up.

Sarah’s lifetime mortgage allows her to retain home ownership while guaranteeing no negative equity.

Things to consider

Before applying for equity release, weighing alternative options and looking at the possible effects on your finances is important. These include:

Downsizing and other forms of finance
Compound interest roll-up if chosen
Early repayment charges
Long-term care and state benefits considerations
A lifetime mortgage may impact the inheritance you leave

Get in touch

Speak to our Wealth Specialist, Toni Chalmers-Smith or Senior Associate Solicitor Catherine Banks at Tees today.

*Examples of customer scenarios only. Every case will be different.

Tees is a trading name of Tees Financial Limited, authorised and regulated by the Financial Conduct Authority. Its registered number is 211314.

Tees Financial Limited is registered in England and Wales, registered number 4342506.

Wealthier post-divorce? Protect your assets

Posted on 12 July 202422 March 2025 by Sarah O'Sullivan

Why you need a financial consent order after divorce

Did you know your ex-partner could still claim money from you even after your divorce is finalised? It may seem unfair, but a financial consent order can protect your assets and prevent future claims.

When your divorce or civil partnership dissolution is finalised with a decree absolute, your legal ties are severed, but without a financial consent order, your ex-partner could still make claims against your assets. These claims could arise from any significant change in circumstances, such as:

One partner developing a successful business
Inheriting money or assets
Building pension benefits
Winning the lottery

Without a financial consent order, these claims can be made at any time, leaving you vulnerable. Protect yourself now by securing a financial consent order.

What is a financial consent order?

A financial consent order is a legally binding document that formalises the financial agreement between divorcing couples or those dissolving a civil partnership. It outlines how financial assets, such as property, savings, and pensions, will be divided.

A financial consent order can also prevent future claims from your ex-partner and sever all financial ties (known as a clean break order). The terms of the order will depend on your financial situation and what both parties agree to.

How to obtain a financial consent order

Couples can reach an agreement through direct negotiations, mediation, or solicitor-led discussions. Once an agreement is reached, a solicitor can help draft the consent order and submit it to court for approval.

The court’s role is minimal – it will simply review the financial consent order to ensure it is fair to both parties. Once the judge approves it, the order becomes legally binding after your divorce or civil partnership dissolution is finalised.

Avoid the courtroom

There is no need to attend a court hearing. The court will only review the consent order to ensure fairness. If the judge is satisfied, the order will be approved, providing peace of mind and protecting you from future financial claims.

For more information or a no-obligation consultation, contact Lisa Honey at Tees Solicitors.

Case study: Vince v Wyatt (2015)

The case of Vince v Wyatt highlights the importance of securing a financial consent order, even if you think it’s not necessary at the time of your divorce.

In this case, the couple married in 1981, had one child together, and separated in 1984. Their decree absolute was granted in 1992, but they never entered into a financial agreement (consent order). Ms Wyatt did not request financial support from Mr Vince at the time, and she raised the children alone in difficult financial circumstances.

In 1995, Mr Vince founded a green energy business, Ecoticity, which became highly successful, eventually being valued at £57 million. Meanwhile, Ms Wyatt’s financial situation remained modest.

In 2011, 27 years after their separation, Ms Wyatt applied for a lump sum payment, citing financial hardship. Mr Vince sought to have the claim dismissed due to the long delay since their divorce. However, the case went to the Supreme Court, which ruled that her claim could proceed, despite the lengthy delay.

The case ultimately concluded with Ms Wyatt accepting £300,000 as a full and final settlement. While the couple had no assets when they divorced, a financial consent order could have prevented this prolonged legal battle and the associated costs.

Don’t risk it – protect your financial future and avoid costly disputes by securing a financial consent order today.

Employment law: Labour bring in the ‘right to disconnect and surveillance’

Posted on 9 July 202422 March 2025 by Sarah O'Sullivan

Labour’s proposed manifesto introduces two significant employment policies to address hybrid working challenges: the right to disconnect and protection from employee surveillance. These measures aim to ensure employees have a clear separation between work and personal life and are safeguarded from intrusive monitoring.

Right to disconnect: A solution to blur between work and life

With the widespread adoption of hybrid working, the line between professional and personal life has become increasingly blurred. Many employees feel pressured to respond to emails and attend to tasks outside their regular hours. Labour’s proposed right to disconnect policy seeks to combat this issue by restricting after-hours work communication.

International precedents

France: Introduced a right to disconnect in 2017, following a 2004 court ruling that protected an employee from dismissal for ignoring after-hours calls. Employers in France may face additional remuneration obligations if employees are required to work outside regular hours.
Ireland: Implemented a non-legally binding Code of Practice outlining best practices for employers, with non-compliance serving as evidence in relevant legal claims.

Unclear implementation plans

Labour has not yet specified whether the UK’s version of the right to disconnect would involve statutory restrictions or follow a code of practice. Regardless, businesses can proactively address the issue through clear hybrid working policies, ensuring mutual understanding between employers and employees.

Practical steps for employers

Establish clear communication expectations for hybrid and remote workers.
Respect employee preferences for traditional or flexible working hours.
Use scheduling tools to send emails during designated working hours.
Allow exceptions for critical business needs while maintaining transparency.

Protection from surveillance: Balancing security and privacy

Some employers have responded to hybrid working by increasing employee monitoring. While employers may have legitimate reasons for this, such as protecting sensitive information and ensuring productivity, surveillance raises privacy concerns.

Legal considerations for employee monitoring

Human Rights Act 1998 & Article 8 of the ECHR: Employees have a right to privacy, even in a professional setting. The ruling in Bărbelescu v Romania emphasised that courts must carefully assess employer monitoring.
Data Protection Laws: Monitoring involves the processing of personal data, making compliance with UK GDPR essential. Employers must ensure transparency, necessity, and proportionality when conducting surveillance.

Employer responsibilities

Justify monitoring: Employers should ensure any monitoring is reasonable and necessary.
Inform employees: Clear, transparent policies must explain what is monitored and why.
Data security: Access to monitoring data should be restricted and securely maintained.
DPIAs: Conduct Data Protection Impact Assessments (DPIAs) to evaluate privacy risks before implementing monitoring measures.

Labour’s approach to employee surveillance protections

Labour has committed to introducing protections against excessive employee surveillance. While specific details are lacking, the party has indicated that employers would be required to consult and negotiate surveillance policies with trade unions through collective agreements.

Best practices for employers

Engage employees and representatives in transparent discussions on monitoring policies.
Ensure data protection and privacy policies are comprehensive and up-to-date.
Regularly review monitoring practices to ensure legal compliance.

Preparing for policy changes

Labour’s proposed policies signal a growing emphasis on employee well-being and privacy in hybrid work environments. Employers can stay ahead by fostering transparent communication, implementing fair monitoring practices, and promoting work-life balance.

By proactively reviewing and adjusting their policies, businesses can ensure compliance with potential new laws while maintaining a positive and productive work culture. For tailored advice on adapting to these potential changes, consider consulting legal professionals specializing in employment law.