Legal support by Tees secures Lease for Cambridge’s first indoor skatepark

Tees are proud to be supporting Cam Skate on a pro-bono basis in their taking of a lease of Cambridge’s first-ever indoor skatepark.

The 850 sq. m. Coldham’s Lane building is owned by Railpen, a leading pension fund manager for the UK railway industry, and has been left unused for several years.

Cam Skate wishes to bring skating enthusiasts together for the creation of a new community facility, offering a leisure activity that is its first for the city.

Paul Elbro, Director at Cam Skate said: “I went to my first ‘With Purpose Network’ in-person networking evening in November 2023. In the ‘speed dating’ session between businesses and community groups, I met Sarah Coates, Partner at Tees, who listened to my hurried pitch about Cam Skate’s indoor skatepark project and kindly offered to review, pro bono, the lease documentation for the warehouse venue from our prospective landlord when the time was right.”

In May 2024, we received the lease documentation, and both Sarah and Charlotte Hamilton, a solicitor on Sarah’s team, did a very thorough review of the lease for us, all pro bono, and supported us through to signing the lease at the end of July.

We are hugely grateful to Tees, and the With Purpose Network, for the amazing support with our project!”

Sarah Coates, Partner of the Commercial Property team said: “It is incredibly difficult for community organisations who are just starting out or who are struggling with funding demands to access good quality legal support.  This is an issue Tees recognises and is keen to do what it can to ease the burden on organisations that do such good work in our communities.  We are delighted to have been able to assist.”

Cambridge’s first community indoor skatepark ‘The Warehouse’ opened this weekend on Sunday 29 September. Tees’ Commercial Property team in Cambridge would like to thank Rachel Hales at With Purpose Network who helped facilitate the meeting between Tees and Cam Skate.

Co parenting: Legal considerations every parent should know

Separating from your child’s other parent can be one of the most difficult and stressful experiences in life. Amber Kennedy, an expert in parental legal rights, shares key legal considerations for parents contemplating separation.

Prioritising your child’s needs

The best starting point is for both parents to collaborate and decide what arrangements will work best for their child. In some cases, an equal time-sharing arrangement may suit your family dynamic. Focusing on your child’s well-being rather than parental “rights” often leads to better long-term outcomes.

For helpful guidance, consider downloading the free Parenting Through Separation Guide from Resolution, a community of family justice professionals.

Can One Parent Prevent the Other from Seeing Their Child?

The law presumes it is in a child’s best interests to maintain a meaningful relationship with both parents, unless there is evidence that such involvement could cause harm. Active participation from both parents generally supports a child’s emotional and psychological development.

However, if there are safeguarding concerns, the court may decide to restrict contact to protect the child’s welfare. A court may prevent contact in cases involving:

  • Domestic abuse
  • Substance abuse
  • Other behaviours that pose a risk to the child

In some situations, supervised or supported contact may be appropriate. This can involve the presence of extended family members or contact centre staff to ensure the child’s safety. If face-to-face contact is not safe, indirect contact through phone calls or letters may be considered.

If you are being prevented from seeing your child, it’s crucial to seek specialist legal advice promptly. Resolving disputes swiftly can make it easier to rebuild your parent-child relationship.

Understanding Co-Parenting

Co-parenting involves both parents working together to make joint decisions about their child’s upbringing. This collaborative approach creates a calm and stable environment, benefiting the child’s emotional well-being. Effective communication and shared decision-making are hallmarks of successful co-parenting.

What Is Parallel Parenting?

When communication between parents is challenging due to high conflict, parallel parenting may be a more suitable approach. This method allows both parents to remain actively involved in the child’s life while minimizing direct interaction.

With parallel parenting:

  • Each parent makes day-to-day decisions independently when the child is in their care.
  • Communication is limited to essential matters, such as medical or educational concerns.
  • The child benefits from a relationship with both parents, without exposure to ongoing conflict.

While parallel parenting can be beneficial in cases involving domestic abuse or significant conflict, parents should be mindful of how differing parenting styles might affect the child’s sense of stability.

Seek Legal Support

Understanding your legal rights and responsibilities is essential when navigating separation. Consulting with a family law specialist like Amber Kennedy can provide tailored advice to protect your child’s best interests.

For more information or personalised legal support, contact a legal professional experienced in family law matters.

 

Tees Wealth Academy celebrates first graduates

Tees Financial is thrilled to announce the successful graduation of the first cohort of its innovative Wealth Academy.

Guy Pearson and Percy Sam have distinguished themselves as the first graduates of the Tees Wealth Academy. They successfully completed the rigorous two-year programme and earned the title of qualified Wealth Advisers. Their dedication, hard work, and commitment have made them invaluable additions to the Tees Financial team.

Launched in 2022, this initiative aims to develop the next generation of financial advisers. Through training and mentorship, the Academy provides the knowledge, skills, and framework necessary to progress in the financial services industry.

Throughout their time in the Academy, Guy and Percy demonstrated a deep understanding of financial planning principles and a passion for helping clients achieve their financial goals. Their ability to analyse complex financial situations and provide tailored advice has earned them the respect of their peers and clients.

Percy and Guy were drawn to the Academy’s structured approach, which offers a clear pathway to becoming a qualified financial adviser. They appreciate the support and resources provided by Tees Financial and the opportunity to learn from experienced professionals.

Meet the Pair

Guy Pearson, a former personal trainer, has a passion for helping others and can see a lot of similarities between fitness and wealth, commenting, “both are about assessing someone’s current situation, finding out where they want to be and planning how they will get there.”

Percy Sam, one of the Academy’s inaugural participants, brings a fresh perspective from his background in industrial design. Self-proclaimed “people person” Percy prides himself on his strong interpersonal skills, believing making the effort to get to know your clients is important in securing outcomes.

Tees Financial is proud to have Guy and Percy as part of its team of talented Wealth Advisers. Their expertise and commitment to excellence will undoubtedly contribute to the continued success of the firm.

To learn more about Guy and Percy, please visit their profiles:

James Appleby, Managing Director of Tees Financial, expressed his pride and excitement, stating, “Guy and Percy’s dedication and hard work throughout the Academy have been exemplary. The Tees Wealth Academy was established to nurture the next generation of financial advisers, and these graduates perfectly embody the qualities we seek. We are confident in their ability to provide exceptional financial guidance to our clients and look forward to watching their careers flourish.”

Additional benefits of joining the Academy include:

  • Competitive compensation and benefits
  • Opportunities for career advancement within Tees Financial
  • A supportive and inclusive work environment
  • The chance to make a positive impact on people’s lives

If you are passionate about financial planning and interested in a rewarding career, the Academy at Tees Financial Limited offers an exceptional opportunity.

To learn more call us on 0800 013 1165

First time buyer: What you need to know before purchasing a home

Buying your first home is an exciting milestone, but it can also feel overwhelming. Our Residential Conveyancing experts at Tees are here to provide you with practical advice and valuable insights to make your journey smoother.

Assess your financial position

Committing to a mortgage and home ownership is a significant step. Beyond your mortgage payments, consider additional costs like maintenance, insurance, council tax, and utilities. Use online mortgage calculators to estimate your expenses and create a sustainable long-term budget.

Understand your credit score

Your credit score plays a vital role in obtaining a mortgage offer at a competitive interest rate. You can check your credit score online for free. If your score needs improvement, consider steps like:

  • Paying bills on time
  • Reducing outstanding debt
  • Limiting the number of active credit cards

Save for a larger deposit

The bigger your deposit, the better your mortgage options will be. If you have a Help to Buy ISA or a Lifetime ISA, be mindful of their restrictions. Always check the terms and conditions before using these for your purchase.

Get a mortgage agreement in principle

Speak to a mortgage broker to understand how much you can borrow. They can advise on fixed-rate, tracker, or variable mortgages based on your financial circumstances. Factor in additional costs like:

  • Survey and mortgage application fees
  • Land Registry fees
  • Property searches
  • Stamp duty
  • Legal fees

At Tees, we can provide a transparent quote for legal services to help you budget accurately.

Choosing the right property type

Freehold

  • Full ownership of both the property and the land
  • Indefinite ownership period
  • Responsible for all maintenance and repairs

Leasehold

  • Ownership for a fixed term (typically 99 to 999 years)
  • After the lease expires, ownership returns to the landlord
  • Service charges and ground rent may apply
  • Properties with fewer than 80 years on the lease may be harder to mortgage

Shared ownership

  • Purchase a percentage of the property and pay rent on the remainder
  • Opportunity to buy more shares over time (staircasing)
  • Typically sold as leasehold

Finding the right property

Consider factors like proximity to schools, amenities, and transport links. Evaluate the property’s condition and budget for any necessary repairs or renovations.

  • Research local property prices: Use platforms like Rightmove and Zoopla to compare property prices.
  • Negotiate smartly: Make offers subject to survey results, and be prepared to renegotiate if issues arise.

Understanding the purchase process

Once you find a property, instruct a solicitor to ensure the legal title is clear and all necessary paperwork is in place. At Tees, our experienced solicitors conduct searches, investigate titles, and guide you through every step.

Your lender will conduct a valuation to confirm the property’s worth before issuing a formal mortgage offer. While not mandatory, we recommend a survey to uncover potential issues. Investing in a survey can save you money in the long run by identifying necessary repairs.

Why choose Tees?

At Tees, we specialise in helping first-time buyers navigate the complexities of purchasing a home. Our expert legal team provides clear, practical advice tailored to your needs, ensuring your experience is as smooth and stress-free as possible.

Ready to take the next step? Contact Tees today for personalised legal support on your home-buying journey.

Surgeon Yaser Jabbar: Patient ‘G’s case of Medical Negligence

This is the story of Patient ‘G’, a teenager whose life has been severely impacted by the substandard care and questionable practices of surgeon Mr Yaser Jabbar, who worked at the renowned Great Ormond Street Hospital (GOSH) in London.

The harrowing experience of Patient ‘G’ sheds light on the systemic failures that allowed such negligent care to persist, and the fight for justice and accountability.

Yaser Jabbar’s troubled tenure at GOSH

Mr Yaser Jabbar, a 43-year-old surgeon, joined the orthopaedic department at GOSH in June 2017, quickly making a name for himself as a specialist in complex leg-straightening and lengthening procedures.  Dubbed the “frame guy” by his colleagues, Jabbar became known for his work with children suffering from congenital limb deformities.

However, beneath the surface, concerns about Mr Jabbar’s practice began to emerge. Colleagues raised concerns about his “cavalier” approach to unexpected complications and his tendency to dismiss or even hide these issues, raising serious questions about patient safety under his care.

The troubling case of Patient ‘G’

Patient ‘G’ was born with VACTERL association, a genetic condition that affects the formation of the bones and organs in utero. He suffers from a radial club hand deformity with thumb hypoplasia, which affects the bones of his hand, radius and ulna. They were referred to GOSH in February 2017 at the age of nine, to explore surgical options to straighten and lengthen his left arm and wrist, with the hopes of improving the cosmetic appearance.

‘G’ was initially seen by Mr Jabbar in January 2020 and later again in February 2020 and April 2021.  Unfortunately, these appointments were marked by a lack of detailed medical history-taking or clear communication about the proposed surgical plan and its risks and benefits.

The flawed surgery

In June 2021, ‘G’ underwent surgery to his left arm – but what was performed was vastly different from what had originally been planned. Instead of the agreed-upon procedure to “straighten and lengthen” the left forearm with an Ilizarov frame, Mr Jabbar performed a “length neutral (or even shortening) correction with a plate, and joint distraction. This approach was later deemed “unacceptable” following an investigation by the Royal College of Surgeons (RCS) into Mr Jabbar’s practice.

The RCS report criticised Mr Jabbar’s surgical technique, noting significant under-correction of the radial inclination and the lack of a clear plan for follow-up procedures.  His choices were considered highly questionable.

Complications and consequences

Following the surgery, ‘G’ faced a series of complications, including persistent pain, nerve issues and worsening deformity. ‘G’ also developed a post-operative infection, which required removal of the metal pins in his arm. These problems required multiple additional surgeries and extended treatment, including bone grafting.

The RCS investigation concluded that ‘G’ had suffered “moderate harm” due to Mr Jabbar’s actions, with the possibility of further deterioration and the need for more corrective procedures in the future. The findings also noted that Mr Jabbar failed to properly inform ‘G’ and their family about the significant changes made to the surgical plan – raising further concerns about professionalism, transparency and patient care.

The devastating impact

The consequences of Mr Jabbar’s actions have been far-reaching and deeply damaging for Patient ‘G’. Their left arm, which had previously undergone successful surgical correction at a young age, was now in a worse condition, with increased deformity, reduced function, and ongoing pain. Three years on, ‘G’ is still awaiting treatment to rectify the damage caused by Mr Jabbar.  The experiences have taken a significant toll on their physical and emotional wellbeing.

Wider systemic failures at GOSH

Unfortunately, this case is not an isolated incident, but part of a larger pattern of systemic issues within GOSH’s orthopaedic department. The RCS investigation revealed a “dysfunctional” team environment, marked by poor communication, a lack of collaboration, and hostility towards staff members who raised concerns.  The report also highlighted failures in the hospital’s leadership which ignored or downplayed warnings from staff, allowing Mr Jabbar’s harmful practices to go unchecked for years, ultimately leading to the harm of hundreds of young and vulnerable patients.

The aftermath and ongoing legal battle

In the wake of the RCS investigation, GOSH has launched a comprehensive review of the cases of 721 children treated by Mr Jabbar, with the hospital acknowledging the “serious concerns” raised and apologising to the affected families.

Georgina Wade, Solicitor at Tees is representing ‘G’ and his family in the pursuit of justice for the harm caused by Mr Jabbar’s negligence. Georgina is also representing a number of other families who have been affected.

The case of Patient ‘G’ and the broader issues at GOSH highlight the critical need for accountability and transparency within the medical profession. When there is a breakdown of trust, and patient safety is compromised, the consequences can be devastating – not only for the individuals and families directly affected, but also for the public’s confidence in the healthcare system.

The call for accountability and reform

This case is one of several cases which serves as a call to action – healthcare providers must prioritise patient safety, foster a culture of openness, and swiftly address shortfalls in care when they occur. Only by committing to these values, can we protect vulnerable patients like ‘G’ and begin to rebuild and restore trust in the medical profession.

Statement from solicitor Georgina Wade

Solicitor Georgina Wade said: “As the family’s solicitor I am deeply troubled by the findings of the Royal College of Surgeons into the care provided to ‘G’ by Mr Jabbar. Both ‘G’ and his family trusted him; he was someone they believed to be a respected and experienced surgeon at one of the world’s leading children’s hospitals. He abused that trust and used his position of authority to perform a totally different surgical procedure to the one which was agreed to by ‘G’ and his family.

“Beyond Mr Jabbar’s worrying practices, the fact that he was allowed to continue treating children after concerns were raised about his practice also raises questions about the conduct of Great Ormond Street. As the extent of Mr Jabbar’s worrying practices now comes to light, I am shocked to see how many vulnerable children have been affected by his behaviour. One child coming to harm is one too many. ‘G’ and his family, along with all those affected by this deserve answers and accountability, as they will have to live with the consequences of the actions of both GOSH and Mr Jabbar for the rest of their lives.”

Key legal steps for parents: Relocating with children after divorce

Amber Kennedy, an expert in parental legal rights, shares essential information for separated parents considering relocating with their child. Understanding the legal landscape is crucial to ensure a smooth transition and prevent future disputes.

What is relocation?

Relocation occurs when a separated or divorced parent wishes to move with their child to a different area, whether within the UK or abroad.

Common Reasons for Relocating with a Child After Divorce

Parents may seek to relocate for various reasons, including:

  • Job Opportunities: A parent receives a job offer or career advancement in another region or country.
  • Family Support: Moving closer to relatives for emotional and practical support post-separation.
  • New Relationships: Forming a new relationship with a partner who lives in another location.
  • Lifestyle Improvement: Belief that a new location offers a better quality of life for the child.

Understanding parental rights and legal considerations

How far can I move with my child?

There is no strict legal limit on how far a parent can move with their child. However, maintaining the child’s meaningful relationship with both parents is typically in their best interest. The further the relocation, the greater the potential impact on these relationships.

Moving abroad with your child

If no child arrangements order exists, you need written consent from all individuals with parental responsibility. Without consent, you must obtain court permission.

If a child arrangements order is in place:

  • Living with you: You cannot take your child abroad for more than 28 days without the consent of all individuals with parental responsibility or the court’s approval.
  • Spending time with you: Written consent or court approval is mandatory, regardless of whether the other parent has parental responsibility.

Failure to follow these procedures could lead to accusations of child abduction, resulting in legal action for the child’s return.

What if my ex-partner agrees to the relocation?

Consider obtaining a child arrangements order by consent. This order formalizes the agreement, reducing the risk of your ex-partner withdrawing consent unexpectedly.

What if my ex-partner refuses to agree?

You can apply to the court for permission to relocate. The court will assess whether the move is in your child’s best interests, evaluating factors like educational opportunities, emotional needs, and the impact on their relationship with the other parent.

Court Considerations in Relocation Cases

Key factors the court will assess include:

  • The child’s wishes (age-appropriate)
  • Emotional, physical, and educational needs
  • Impact of the relocation on family dynamics
  • Ability of each parent to meet the child’s needs
  • Potential harm from changes in circumstances
Costs and Timeframes for Relocation Applications
  • Legal Costs: Vary depending on whether the application is by consent or contested.
  • Time frame: Court applications may take 9 to 18 months or longer in complex cases.

How to approach relocation discussions with your ex-partner

Open communication is key. Mediation can be a helpful way to reach an agreement. Tees offers expert mediation services through qualified partners Helen Midgley and Clare Pilsworth.

Get Expert Legal Advice

Relocation cases are increasingly common. Seeking legal advice early can ensure you present a well-prepared case. Contact our specialist solicitors at  0800 0130 1165 for personalised guidance tailored to your circumstances.

Tees Law welcomes new Non-Executive Chair

Today, Tees Law announces the appointment of Nicola Downing as Non-Executive Chair of the Trust Tees Ltd Board, effective October 2024.

Nicola joins Tees Law as Chair of the Trust Tees Ltd Board to offer leadership and strategic guidance, aiding the firm’s future growth goals. Nicola will continue her role as the CEO of Ricoh Europe, overseeing the digital services firm’s operations in Europe, Middle East, and Africa (EMEA), with a revenue of around €3.5bn and 15,000 employees.

Nicola has occupied several key commercial roles at Ricoh, including CFO, COO, and is presently CEO. Her career began as a solicitor at a London firm, followed by positions at Tesco, ultimately advancing to the role of General Counsel at Ricoh Europe. With her extensive experience and a proven track record of success in service industries, Nicola will play an invaluable role in driving Tees’ growth and ensuring exceptional client service.

Nicola replaces Catherine Spitzer, who will be stepping down from the role after two years as Chair of Trust Tees Ltd Board to take on a new role as CEO of The Environment Bank. Catherine has been the first Non-Executive Chair of the Trust Tees Ltd Board and has played a key role in shaping the 2028 strategy and overseeing the early stages of implementing its growth plans. Catherine will continue to be an important referrer of work into Tees.

Managing Director Ashton Hunt, said: “On behalf of everyone, I would firstly like to thank Catherine for her contribution and energy and the fresh ideas that she has brought to the business over the past two years.

We are thrilled to welcome Nicola to Tees. Nicola was attracted to Tees because of our reputation and track record of delivering on our strategic goals. Ricoh has been on a transformation journey to diversify and grow for many years and Nicola is well placed to help us do the same.  With our ambitious strategy for 2028, she is excited to be joining Tees at such an important time in the development of the business.”

Nicola Downing commented: “Tees has a strong reputation for delivering exceptional client service and I look forward to contributing to the firm’s continued success. I am excited to continue Catherine’s work to drive sustainable growth, ensuring we continue to meet the evolving needs of clients.”

Nicola is a regular contributor to BBC Radio 5 Live’s flagship ‘Wake Up to Money’ programme where she discusses a diverse range of business news and topics including, workplace regulations and employee wellbeing.

Nicola is a regular contributor to BBC Radio 5 Live’s flagship ‘Wake Up to Money’ programme where she discusses a diverse range of business news and topics including, workplace regulations and employee wellbeing.

Cyber stalking: How to combat the tech bullies

Technology has enabled new ways for people to harass ex-partners by tracking their movements and spying on their digital platforms. Solicitor Harry Calder explains how you can protect yourself from cyber stalking.

A report on Violence Against Women and Girls found that 36% of women in the UK have experienced online abuse on social media or other platforms. Of these women and girls, one in six also experience tech abuse from a partner or ex-partner.

This form of harassment, known as cyber stalking, has been made easier through the widespread use of location services on smartphones and the availability of spyware. It causes distress and sometimes fear of violence and is difficult to ignore, given the extensive role that smartphones and other technology have in our lives. It can also lead to unwanted physical contact.

How can I protect myself from cyber-stalking?

Digital break up

When you part company with your partner, it’s important to break any digital links you may have, such as shared passwords or PINs, or accounts on services such as Spotify or Netflix.

If you don’t cut these ties, you’re potentially leaving yourself open to an ex-partner using that digital access to spy on you, or intimidate you in other ways.

Turn off location services

Location services on our smartphones allow our precise locations to be shared with others, for example via social media apps and ‘find my phone’ services. Sometimes you might not even realise these are activated, enabling someone to track your whereabouts without your knowledge. Review the location settings of every app on your phone. You can turn off location services completely when you don’t need them. Bear in mind that emergency services can still determine your location when location services are turned off.

Change your passwords

New passwords should be set up for your all your digital accounts, whether it be social media, email or your bank. Passwords should be strong and unique to avoid an ex-partner being able to guess them. Using the same password for several accounts should be avoided. It’s also recommended to set up two-factor authentication on your accounts. This means that a code is sent to your phone after you enter your password to complete the login process. It’s also possible to check whether your password has been compromised in a data breach. This information can often be found in your phone’s security settings.

Update cloud account settings

Many couples or families share cloud accounts which link connected devices together and allow for information to be shared between them. For example, a family member may be able to see where your phone is if it’s lost, using ‘find my phone’ services. On the breakdown of a relationship, you may forget entirely that your devices are linked in this way and your ex-partner may be able to track your movements without you being aware.

If you no longer wish to have your device connected to your ex-partner’s in this way, you can update your cloud settings, or create a new cloud account.

 Changing device settings which your ex-partner may have set up

Many partners buy smartphones for their partners or children and change the settings to enable them to track the device’s location. On the breakdown of a relationship these settings may still be in place and an ex-partner can track your device, or that of your children, without you being aware. Be cautious of gifts made to children after the relationship breakdown, such as phones, iPods/iPads, smart watches or other devices. The settings of these devices could be set up to share their location, allowing the ex-partner to stalk not only your children’s movements but also yours indirectly.

Social media activity and stalking

On social media, posts or photos uploaded by you, friends or family, can reveal your location to an ex-partner. Many social media accounts are open to the public and can be followed by ex-partners disguising themselves with fake names. Review your friends or followers lists and remove any accounts which you don’t recognise or are suspicious of. Alternatively, you can change your social media account’s privacy settings, so that only people you approve can view your account activity.

Tracking devices used by stalkers

Tracking devices, normally used to avoid losing items, have increasingly been used to track ex-partners. Devices such as the Apple AirTag, which is about the size of a 10 pence piece and cheap to buy, will send precise location information to the user. If you’re concerned that you might be being tracked, the first step to search places where a tracker could be hidden. Common places include: inside bags, pockets, vehicles. However, as these are small devices, they can often be well hidden. There are apps available that can scan for nearby trackers and identify an unknown device nearby using Bluetooth.

Spyware

Your digital activity can also be monitored through spyware. Software is available that would allow an ex-partner to read your texts, look at your photos and even access the camera of your smart phone. They may even be able to view you changing your password to prevent them accessing your accounts.

You can sometimes remove spyware from your device by deleting any suspicious apps that you did not download or do not use. The most comprehensive way to remove any spyware would be to perform a factory reset of your device, which wipes all the saved information from it, returning it to its condition when first bought. Before you do this, save your photos and other data to a different device. There are companies who can remove spyware from electronic devices, but that comes at a cost. You can consider simply buying a new device.

If you’re concerned about covert recording devices in your home, there are companies who can conduct a ‘sweep’. If spyware is found you should seek professional advice immediately from a solicitor or the police.

Cyberstalking – how to get help

Cyberstalking is a criminal offence under The Protection from Harassment Act 1997. If you’re worried about cyberstalking from an ex-partner or anybody else, you should reach out for help at the earliest opportunity. A family solicitor can give you legal advice and support and point you in the direction of other support agencies. You can also call the police. Here are some suggestions for organisations that are there to help:

Maternity errors result in stillbirth of couple’s first baby and significant injuries to mother

Sarah* had a traumatic experience when she lost her baby, and suffered from severe, permanent injuries which led to her decision to leave the UK.

The induction process

Sarah was admitted to a leading NHS Hospital based in London for a planned induction of labour. She was induced in the afternoon and contractions started that same evening. However, even though Sarah was experiencing regular contractions alongside severe levels of pain and bleeding, staff at the Hospital failed to recognise that she was in active labour. That night, the baby’s heart rate was detected dropping during CTG monitoring and there were episodes of shallow decelerations, but no action was taken.

Repeated please for help

The next day, Sarah was given a full dose of gels for induction and regular contractions started during the night. Although Sarah’s husband Daniel* made repeated requests for attention over a period of several hours, no physical checks or CTG monitoring was provided. Sarah’s contractions became more regular and painful, and Daniel again repeatedly asked for help but was ignored.

Tragic loss

On the third day, Daniel once again repeatedly asked for help and for CTG monitoring and by this point, Sarah’s pain levels had become unbearable. CTG monitoring was eventually performed but staff could not detect the baby’s heartbeat. Sarah and Daniel’s baby was heartbreakingly pronounced dead.

Lack of support

Even after the death of her baby was confirmed, Sarah was not offered any consultant support or advised of any alternative options for delivery. She was then left for seven-and-a-half hours pushing on her own to deliver her baby with no physical or psychological support from staff. Sarah’s physical condition became extremely poor, and Daniel was terrified that he would lose his wife as well as his baby. The prolonged second stage of labour resulted in severe, permanent injuries to Sarah.

Emotional and psychological impact

The experience was deeply traumatic with both Sarah and Daniel suffering from significant PTSD. Due to the physical and psychological trauma sustained following the incident, Sarah and Daniel felt they had no choice but to leave their home in London and move abroad to be closer to Sarah’s family for support.

Internal investigation and admission of liability

Following the incident, an internal investigation took place by the NHS Trust involved in which it was accepted that there was a “failure to recognise the onset of active labour during a high-risk induction process, and a failure to commence appropriate care including foetal monitoring once in established labour”.

Shortly after the tragic incident, the couple in their 30s, got in touch with Alison Hills. A letter of claim was sent to the Trust, who promptly admitted liability and accepted that had active labour been diagnosed and continued foetal monitoring been performed, then the baby’s death would have been avoided.

The Trust also admitted that a senior obstetrician should have been involved and advised Sarah about her options for delivery and that if delivery had been expedited after the death of the baby had been confirmed, then Sarah would have avoided the prolonged labour and subsequent injuries.

Ongoing compensation process

An assessment of the couple’s potential lost earnings, care costs, medical expenses, relocation costs and several other expenses is currently underway before negotiations can commence and a final compensation figure can be agreed with the Trust.

Statement from Alison Hills

Tees Law’s Medical Negligence Senior Associate Solicitor Alison Hills said: “This is one of the most tragic cases that I have ever come across in my 20-year career. Not only was the death of Sarah and Daniel’s baby wholly avoidable, but there were several failures of care even after the death was confirmed, which then led to a number of significant and permanent injuries to Sarah. Their lives have simply been turned upside down with every single aspect of their lives being adversely affected.

Whilst no amount of compensation will ever bring their baby back, I am hoping that when their case settles, Sarah and Daniel will be able to achieve some form of closure and start to heal from these heartbreaking events, and that lessons will be learnt for the Trust to avoid similar mistakes being made in the future”.

*Names have been changed to protect the privacy of our clients.

What next for equal pay?

Landmark legal victory for next employees in equal pay case

Following a six-year legal battle, over 3,500 current and former Next employees have secured a major win in their Employment Tribunal complaints for equal pay. The ruling may result in Next paying up to £30 million in back pay. Despite the retailer’s intention to appeal, the decision could have wide-reaching consequences for other UK employers.

The wider impact on major retailers

This legal victory marks the first of its kind against a national UK retailer. Other major supermarkets, including J Sainsbury’s Plc, Tesco Plc, W Morrison Supermarkets Ltd, Asda Group Ltd, and Co-operative Group Ltd, face similar claims from 112,000 workers. If these claims succeed, the financial ramifications could amount to billions of pounds.

The basis of the claim: Pay disparity between shop and warehouse staff

The central issue in this case was the pay gap between predominantly male warehouse staff and mostly female shop staff. Next argued that wider market forces justified the disparity, maintaining that warehouse operators earned higher salaries due to industry standards. However, the Tribunal rejected this defense, stating that cost-saving measures did not justify the discriminatory effect.

Equal pay and the concept of equal value

A critical element in the case was the determination of whether shop and warehouse staff performed work of equal value. The Tribunal concluded that retail staff work was of comparable value to that of warehouse employees, leading to the decision that Next was required to provide equal pay.

Key factors in establishing equal value
  • Gender disparity: 77.5% of retail consultants were female, compared to 52% of warehouse employees being male.
  • Independent assessment: Equal value is determined through independent expert analysis, comparing the responsibilities, effort, and skill of both roles.
  • Tribunal’s role: Even minor differences in tasks can be disregarded if they are deemed insignificant in the overall comparison.

Lessons for employers: Mitigating equal pay risks

This ruling serves as a stark reminder for employers to assess their pay structures. Companies should ensure that roles of equal value receive equal pay, preventing the risk of costly litigation.

Practical steps for employers
  1. Conduct regular pay audits: Review and compare salaries across different roles to identify disparities.
  2. Ensure transparency: Maintain clear documentation on how pay decisions are made, using objective criteria.
  3. Provide justifiable explanations: Base pay differences on legitimate factors such as experience, qualifications, and market rates.
  4. Promote equal opportunities: Encourage career development for all employees, removing barriers to advancement.
  5. Seek legal guidance: Consult legal professionals to ensure compliance with equal pay regulations.

The ongoing battle for Next employees

While the ruling is a significant milestone, the journey is far from over. With Next pursuing an appeal, employees face further delays and legal complexities. The case underscores the challenges of achieving equal pay justice and the importance of robust legal support.

Employers should view this ruling as a wake-up call to proactively address pay equality. Taking preventative measures now can mitigate legal exposure and foster a fairer, more equitable workplace.

For tailored legal advice on equal pay compliance, contact our team of experts today.