The get Britain working again white paper

Britain’s labour market has faced numerous challenges in the last few years, with 2.8 million people reportedly unable to work due to long-term sickness[1], one in eight young people not being in education or employment[2] and having been most impacted by covid lockdowns in comparison to similar countries[3]. It is further reported that health benefits in the UK have increased from £36 billion to £48 billion in the last financial year as a result of mental health worsening during successive lockdowns[4].

With this in mind, the Government has published ambitions to implement a three-pillar strategy (detailed below) to improve economic inactivity in Britain, with a long-term goal of achieving an 80% employment rate:

  1. Modern Industrial Strategy and Local Growth Plans: to create more good jobs in every part of the country.
  2. Plan to Make Work Pay: to improve the quality and security of work.
  3. Get Britain Working: to reform employment support.

The third limb in this plan has been set out in the Get Britain Working White Paper. The Paper has indicated aims to address six issues:

  1. People being excluded from the labour market, especially those with health conditions, caring responsibilities or lower skill levels.
  2. Young people leaving school without essential skills, access to learning or work.
  3. People becoming stuck in insecure, poor quality and low-paying work.
  4. Women caring for families experiencing challenges staying in and progressing at work.
  5. Employers being unable to fill vacancies due to labour and skills shortages.
  6. Disparity in labour market outcomes between different places and for different groups of people.

The Paper details several proposed actions and changes:

  1. Improve the impact of the NHS 

    The Paper aims to tackle health conditions which are seen to contribute to unemployment, such as mental health, smoking and obesity. The support is to include Talking Therapies, the Tobacco and Vapes Bill and new treatments for obesity. Treatment for such health conditions will include improved access to employment advisers and Individual Placement and Support (IPS). The goal is to provide these services to 140,000 more people by 2028/29.

  2. Give control to local areas 

    There will be funding of £125 million to introduce eight ‘trailblazers’ into local authorities in 2025/26. They will be tasked with connecting relevant local services and trialling new interventions.

    Local areas will be supported to create their own Get Britain Working Plans and engage with local partners to assist with their implementation.

    A Connect To Work programme will assist up to 100,000 people a year with employment, supported by the Shared Prosperity Fund, a locally controlled fund.

  3. The Youth Guarantee 

    The Youth Guarantee aims to ensure young people aged 18-21 are learning or earning.

    There will be 8 Youth Guarantee trailblazers working with £45 million of funding in 2025/26 to design and develop the Guarantee to improve opportunities for young people. The Apprenticeship Levy will be redeveloped to become more flexible and renamed the Growth and Skills Levy. They will create new foundation apprenticeships and shorter apprenticeships in key sectors. New partnerships will be developed to generate opportunities for young people.

  4. Improve Jobcentre Plus

    There will be funding of £55 million to reform Jobcentre Plus in 2025/26. It will build new relationships with employers. It will be integrated with local partners and aims to bring employment and careers advice together.

  5. Review how employers promote healthy and inclusive workplaces

    The review ending next summer will assess how the government can better support employers to:

  • Improve the recruitment and retention of disabled people and people with health conditions.
  • Prevent their workforce from becoming unwell.
  • Promote healthy workplace environments.
  • Implement early intervention for sickness absence.
  • Improve the rate of employees returning from sickness absence.

This review will complement the Make Work Pay reform, which aims to address job insecurity and expand flexible working.

Next steps

The government further plans to reform the health and disability benefits system and will bring forward a Green Paper in spring 2025.

For employers, there may be opportunities to embrace these initiatives but they should be considered carefully in the context of presently increasing employment law rights. Now is the time for employers to be agile and ready for change. It is essential that employers’ policies and procedures are tailored to drive recruitment and career development, whilst maintaining clear and robust procedures to address performance and conduct issues. For more information, speak to our team of specialist employment advisors at Tees.

Resources

[1] INAC01 SA: Economic inactivity by reason (seasonally adjusted) – Office for National Statistics (ons.gov.uk)

[2] Young people not in education, employment or training (NEET) – Office for National Statistics (ons.gov.uk)

[3] Health-related benefit claims post-pandemic: UK trends and global context | Institute for Fiscal Studies (ifs.org.uk)

[4] Sick pay timebomb that risks a lost generation of workers – BBC News

Budget uncertainty sparks market shifts and opportunities

There was some uncertainty within the housing market ahead of the Autumn Budget at the end of October, which was reflected in muted consumer activity.

House price growth slowed ahead of the first Labour Budget in 14 years according to Savills. Mortgage rates rose slightly at the end of October as lenders repriced their fixed rates around the Chancellor’s announcements. However, Knight Frank do still expect house prices to increase by 3% this year.

Rachel Reeves confirmed that the lower Stamp Duty thresholds will be reinstated in April 2025, which is likely to cause a flurry of purchases in Q1 of 2025. Meanwhile, the increase in Stamp Duty on additional residential properties could reduce supply into the private rental sector.

Overall, many experts think that the Budget will cause inflation rates to be higher than initially predicted. This would lead to elevated mortgage rates, with less likelihood of strong house price growth.

Hope for the rental market?

Conditions could start improving for renters, with Savills commenting that residential rental prices may have reached an ‘affordability ceiling.’

Figures from Zoopla show that UK annual rental growth slowed to 4.3% in September – a further decline from 4.6% in August.

Plus, it seems that the Renters’ Rights Bill may not have prompted too many landlords to leave the market, with Knight Frank reporting that between January – August this year, there were 6% more new lettings listings in Prime London than the same period in 2023. This is a welcome relief, as limited supply is already an issue across the rental sector.

Commenting on the Renters’ Right Bill, Gary Hall, Head of Lettings at Knight Frank, said, “The new rules are likely to cause some logistical problems for landlords, but we are not expecting an exodus. Those who were on the fence have already left and those who stayed have benefited from strong rental value growth in recent years.

Increase in chain-free homes for sales

Nearly a third of homes listed on Zoopla are currently chain-free.

From April 2025, homeowners and investors could be charged up to twice the amount of Council Tax on their second homes, which has prompted many to sell. In turn, there has been a 33% increase in buyer enquiries on chain-free properties.

Perhaps unsurprisingly, the UK’s second home hotspots have the highest proportion of chain-free homes for sale – the North West (36.5%), Yorkshire and The Humber (35.9%) and the South West (35.9%).

Senior Property Researcher, Izabella Lubowiecka at Zoopla, commented, “Those looking at buying a home before Stamp Duty rates increase in April 2025 should think about buying a chain-free home as they tend to complete much faster. Now is a great time to look for properties, with more chain-free homes available than in previous months.”

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.

All details are correct at the time of writing (20 November 2024)

Managing the managers: Lessons from NHS accountability reforms

A new era of NHS accountability

The recent announcement by Health Secretary Wes Streeting, proposing stringent measures to overhaul NHS management, highlights a gear shift in how the Government expects healthcare performance to be scrutinised in England. NHS hospitals will soon be subject to league tables, measuring indicators like care delivery and financial performance, with the intention of making performance visible to the public. Managers of failing trusts may face dismissal if they are unable to drive improvements, while top performers will be rewarded.

While the drive for greater accountability is admirable, the NHS, like any employer, must manage change in culture, approach, and expectations with due regard for employment law.

The legal landscape: Understanding the employment bill

The Employment Bill introduces additional obligations and complexities that may make addressing performance and dismissing underperformers a daunting prospect for NHS employers.

Under the current law, employers must not discriminate based on “protected characteristics” under the Equality Act 2010 or dismiss an employee for whistleblowing. Employees with more than two years’ service also have general protection against unfair dismissal.

From an employment law perspective, several key aspects warrant attention:

Enhanced protection against unfair dismissal

The Employment Bill introduces strengthened protections that will likely extend to public sector employees, including NHS managers. Dismissals must be clearly justified with evidence showing not only that an individual has failed to meet specific performance metrics but that the criteria and processes leading to these conclusions are fair and reasonable.

League tables, while offering a snapshot of performance, may not always reflect an individual manager’s contributions or challenges. Employers will need to be cautious when using these tables as the basis for disciplinary action.

Transparency and accountability in dismissal procedures

The Bill mandates greater transparency in disciplinary and dismissal procedures. For NHS employers, this means ensuring that performance reviews, evidence of “turnaround efforts,” and evaluations are well-documented, objective, and supportable.

External oversight may be required in contentious cases, particularly when senior managers contest the validity of assessments based on league table standings. Transparency will be critical in demonstrating fair treatment.

Linking pay to performance: Challenges and considerations

NHS chief executives’ compensation will be tied directly to performance metrics. Coupled with the Employment Bill’s stance on fair and equitable treatment, NHS employers will need clear, justifiable benchmarks for performance-linked pay adjustments.

Discrepancies in the application of these measures may result in claims of unfair treatment or discrimination, potentially triggering grievances or legal disputes.

Turnaround teams and managerial autonomy

The introduction of turnaround teams adds another layer of complexity to NHS management structures. The Employment Bill’s emphasis on workers’ rights, autonomy, and protection from abrupt changes in duties means that managers may need additional support and clear guidelines if external teams are to oversee or redirect their initiatives.

Employers should balance intervention with respect for managers’ professional discretion to avoid claims of constructive dismissal or breach of employment terms.

The role of evidence in dismissal decisions

The Employment Bill strengthens the requirement for a comprehensive, fair approach in all dismissal decisions. With potential accusations of discrimination or victimisation—particularly if performance frameworks are unevenly applied—NHS employers must ensure that any decision to terminate a manager’s contract is robustly substantiated.

In cases where managers are deemed “rotten apples,” NHS leadership will need to demonstrate that such labels are backed by data and consistent with due process.

Striking the right balance: Leadership and legal compliance

As the NHS faces increasing scrutiny, balancing the need for high-quality leadership with the requirements of employment law will be crucial. Managers must be given the right support, clarity of expectations, and fair recourse, especially in a system that inherently poses complex challenges.

This reform offers an opportunity to foster genuine improvement in healthcare delivery, but only if handled with transparency, fairness, and respect for legal protections.

Looking ahead: Preparing for change in the NHS

As the implementation of these reforms approaches, NHS employers and legal advisers must stay vigilant. The Employment Bill underscores the importance of fair, transparent practices that respect both accountability and the legal rights of employees. Ensuring consistent application of these practices will be key to improving accountability and driving high performance without compromising procedural fairness.

If handled effectively, these changes may provide an opportunity for NHS leaders to enhance managerial accountability and ultimately improve healthcare outcomes across the system.

Tees Financial Ltd Wealth Specialist wins Later Life Adviser of the Year

A Wealth Specialist at Tees Financial Ltd has won a prestigious Women’s Recognition Award hosted by The Financial Reporter.

Toni Chalmers-Smith has worked in the financial services industry for over 30 years and specialises in advising clients requiring later years’ advice, including later life lending, equity release and care fees planning. She was delighted to recently accept The Later Life Adviser of the Year Award.

Launched in 2018, the awards aim to support the growing momentum for a more diverse and equal financial services community.

Toni understands that organising immediate or potential care funding for yourself or a loved one can be a complicated financial, legal, and emotional process. As an accredited member of the Society of Later Life Advisers (SOLLA), Toni can provide advice on care costs and is an expert in navigating the complex funding assessment process.

As a member of The Equity Release Council, Toni is committed to providing the very best independent advice to see if equity release is the right choice for you and, if so, to select the right product from the many available on the market.

Tees listen to what you want to achieve and clearly explain all the options available to you, minimising costs and helping you understand your choices and future financial implications.

On winning the award, Toni Chalmers-Smith said: “We believe financial and legal advice should take you to the stage where you can make clear and informed decisions, happy in the knowledge that you have received all the information and options needed to reach those very decisions.

I honestly believe at Tees, we don’t just give advice for now, but so you can truly have a better future in your retirement and later years.

I had a great night at the awards ceremony, and I’m pleased to have been recognised with this award, but I am even prouder to be part of Tees.”

Toni works closely with all colleagues across the Wealth team and law firm, providing specialist care fees planning and equity release advice to clients.

The Women’s Recognition Awards took place on Tuesday 22 October 2024, in London.

If you’d like advice, contact Toni Chalmers-Smith any time.

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. Tees is a trading name of Tees Financial Limited which is regulated and authorised by the Financial Conduct Authority. Registered number 211314.

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

Health and Safety in the workplace

Whilst it is never a pleasant thing to think about accidents at work, they do occur. In order to avoid enforcement action corporate entities, directors and individuals need to ensure they comply with all relevant health and safety legislation or run the risk of large penalties and sanctions, convictions and reputational harm.

As a result, regulatory compliance is forming a critical part of everyday life. Let’s look at the statistics.

Latest figures from the Health and Safety Executive for 2022/2023 show:

  • 875,000 workers suffering work-related stress, depression or anxiety
  • 473,000 workers suffering from a work-related musculoskeletal disorder
  • 2,257 mesothelioma deaths due to past asbestos exposures
  • 138 workers killed in work-related accidents
  • 561,000 workers sustained a non-fatal injury
  • 60,645 injuries to employees reported under RIDDOR
  • 35.2 million working days lost due to work-related illness and workplace injury
  • £20.7 billion estimated cost of injuries and ill health from current working conditions

What are employers required to undertake?

Health and Safety law states that employers must:

  • assess the risk to employees, customers and partners. They are also required to assess the risk to any other people who could be affected by their activities;
  • arrange for the effective planning, organisation, control, monitoring and review of preventive and protective measures;
  • have a written health and safety policy if they employ five or more people;
  • ensure they have access to competent health and safety advice;
  • consult employees about their risks at work and current preventive and protective measures.

What to consider if a workplace accident takes place?

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 [RIDDOR] places a duty upon employers, the self-employed and people in control of work premises, also known as the responsible person, to report certain serious workplace accidents, occupational diseases and specified dangerous occurrences.

A RIDDOR report is required when the incident is work related or if it results in an injury of a type which is considered to be “reportable”.

The purpose of reporting is to warn the relevant authorities that an incident has occurred so that the Health and Safety Executive may review the circumstance, prevent a similar incident occurring again and to ensure compliance with the regulations.

Work related injuries will vary from sector to sector but common areas where work related injuries occur are falls from height, being struck by a moving vehicle and slips, trips and falls.

What injuries are considered to be reportable?

Deaths

Regulation 6 of RIDDOR states all deaths of both workers and non-workers arising from a work-related incident must be reported. It is important to note that deaths are also deemed reportable if the injured person died within one year following the work related incident.

Non fatal Injuries
  • Regulation 4 of RIDDOR deals with non-fatal injuries that must be reported by the Responsible Person these are:
  • fractures, other than fingers, thumbs, and toes
  • amputation
  • any injury likely to lead to permanent loss of sight or reduction in sight
  • any crush injury to the head or torso causing damage to the brain or internal organs
  • serious burns (including scalding) which covers more than 10% of the body and/ or causes significant damage to the eyes, respiratory system, or other vital organs
  • any scalping which requires hospital treatment
  • any loss of consciousness caused by head injury or asphyxia
  • any other injury arising from working in an enclosed space which leads to hypothermia or heat induced illness and/ or requires resuscitation or admittance to hospital for more than 24 hours

Diseases which have been caused or made worse as a result of work must be reported. This included diagnosis of:

  • carpal tunnel syndrome;
  • severe cramp of the hand or forearm;
  • occupational dermatitis;
  • hand-arm vibration syndrome;
  • occupational asthma;
  • tendonitis or tenosynovitis of the hand or forearm;
  • any occupational cancer;
  • any disease attributed to an occupational exposure to a biological agent

What records need to be kept?

Regulation 12 of RIDDOR requires the responsible person to keep a record of any reportable injury, which includes any injury which results in the injured person being unable to carry out their normal work for more than 3 days.

The record must be kept for 3 years from the date in which it was made, this may be kept in the form of an accident book. The accident book must include the following information:

  • Date and time of accident/ diagnosis of disease;
  • the person’s full name;
  • injury / diagnosed disease;
  • their occupation;
  • where not at work their status;
  • The location of the accident;
  • A brief description of the circumstances/ nature of the disease;
  • The date the incident was first notified to the authorities;
  • The method used to report the incident;

Why is it important to review the accident book?

The Accident Book is an essential document for employers and employees, who are required by law to record and report details of specified work-related injuries and incidents.

There are a few reasons why an accident book is a workplace essential. The information in the book can help to identify risks and accident trends, which can help to prevent accidents in the future. The accident book can also help in cases where the injured person decides to pursue compensation, or when the company is being investigated for potentially breaching health and safety regulations.

It enables businesses to comply with legal requirements under health and safety legislation, including Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) requirements.

When and how to report?

The responsible person must notify the relevant authority of the reportable incident by the quickest means and without delay. The Regulations require the responsible person to send a report of the incident within 10 days.

If a worker is incapacitated for more than seven consecutive days, the accident must be reported. For incapacitation over three days, the accident must be recorded but not necessarily reported.

When submitting a RIDDOR you will be able to download a copy of the submission to keep for your records, it is advisable to do so.

As with all health and safety issues in the workplace, employers, the self-employed and the Responsible Person should ensure they are fully up to date with the reporting requirements for RIDDOR. They should also make sure that the accident book is kept up to date. Accurate records are essential to protect employers, employees and, where appropriate, members of the public.

Accidents to members of the public or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances. There is also no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent.

Where to report a workplace incident?

Any workplace incident can be reported online via the Health and Safety Executive website or via telephone. Please visit the Health and Safety Executive website for the relevant contact details.

Failing to report a reportable incident is a criminal offence. Not knowing the proper procedure for RIDDOR is not a defence, therefore it is critical that you understand and comply with the regulations to prevent investigation and prosecution by the Health and Safety Executive.

CIL liability and pre-commencement conditions: What developers need to know

Development in breach of pre-commencement conditions cannot attract CIL.

There have been a series of Community Infrastructure Levy (CIL) appeal decisions which suggest that CIL can be levied on development carried out in breach of pre-commencement conditions and therefore without planning permission (appeal references 3346994, 3330866, 3319897, 12001570). Such an approach is clearly unlawful and open to challenge.

Why does this matter?

From a developer’s perspective, this can deprive them of the chance to secure CIL reliefs thereby significantly increasing the cost of development. From a charging authority’s perspective, when a court eventually quashes such a CIL charge, they will need to repay any CIL collected in these circumstances and may also face claims from developers seeking damages for the lost opportunity to secure CIL reliefs.

Legal Context

CIL is a tax charged on new development in accordance with the Community Infrastructure Levy Regulations 2010 (the Regulations). The Regulations are what is known as ‘secondary legislation’ and, in this case, authorised by Part 11 of the Planning Act 2008 (the PA2008).

Before briefly summarising the relevant provisions of the PA2008 and the Regulations, it is important to note three fundamental and legal principles:

  • Firstly, secondary legislation (such as the Regulations) cannot have an effect outside the scope of its parent act (R (Public Law Project) v Lord Chancellor [2016] UKSC 39).
  • Secondly, there can be no taxation without the clear authority of parliament. That authority must either be express (i.e. expressly set out in an Act of Parliament) or necessarily implicit in such an act. However, a power to tax can only be implied in very rare circumstances. As the court noted in the case of Attorney General v Wilts United Dairies Ltd (1922) 38 T.L.R. 781: “the circumstances would be remarkable indeed which would induce the Court to believe that the Legislature had sacrificed all the well-known checks and precautions, and, not in express words, but merely by implication, had entrusted a Minister of the Crown with undefined and unlimited powers of imposing charges upon the subject for purposes connected with his department”.
  • Thirdly, development carried out in breach of pre-commencement conditions “is not development to which the permission relate[s]” (R v Elmbridge Borough Council, ex parte Health Care Corporation Ltd [1991] 3 PLR 63) and cannot lawfully commenced an authorised development (F. G. Whitley & Sons v Secretary of State for Wales (1992) 64 P. & C.R. 296).

Turning then to the actual statutory provisions for CIL. The PA2008 (as the parent act) is very specific about the scope of CIL and the content of the Regulations (emphasis added):

  • CIL is a charge designed to “ensure that costs incurred in supporting the development of an area can be funded … by owners or developers of land” (s. 205)
  • The Regulations must provide that liability to pay CIL is triggered “when development is commenced in reliance on planning permission” (ss. 208 (3) & (4))
  • The Regulations may provide for liability to pay CIL where development commences without planning permission (s. 208(7)). NB: this is a power to make appropriate provisions in the Regulations. Unlike ss. 208 (3) & (4) it is not a duty to do so.

The above are correctly carried forward to the Regulations (emphasis added):

  • CIL is levied on ‘chargeable development’ (Regulations, Schedule 1). Chargeable Development is defined at Regulation 9 as “the development for which planning permission is granted”.
  • The duty to pay CIL “in respect of a chargeable development” is triggered on either the intended date of commencement (where a Commencement Notice has been served) (Reg 70), or (where development has commenced without a Commencement Notice being served) on the deemed commencement date (Reg 71).

Notably and despite the power available at s. 208(7) of the PA2008, there is no express provisions within the Regulations for CIL to be charged against development commenced without a planning permission. The parliamentary draftsman will have been well aware of the power at s. 208(7), hence a court will assume that in approving the Regulations, Parliament did not intend the Regulations to apply to development without planning permission.

The effect of the above is that the correct interpretation of the law is:

  • CIL attaches to development with planning permission (Regulation 9 definition of ‘chargeable development which correctly gives effect to PA2008, ss. 208(3) & (4))
  • Liability to pay CIL is triggered when development with planning permission is ‘commenced’ (Regulations 70 & 71 correctly giving effect to PA2008 ss 208(3) & (4)).
  • CIL does not attach to development without planning permission (there is no express provision within the Regulations, and there is no reason to imply such an effect into the Regulations).
  • Development in breach of pre-commencement conditions does not benefit from planning permission. Therefore, it cannot attract CIL.

The upshot of the above, is that any attempt to levy CIL for development in breach of pre-commencement conditions is unlawful. Where CIL has been collected in these circumstances, and unless further development in accordance with the permission has taken place triggering CIL, the charging authority may need to pay it back (Regulation 75).  In addition, if as a result of the charging authority’s unlawful approach to CIL, the developer was unable to apply for CIL reliefs, the charging authority may be liable in damages.

If you have any questions about CIL liability, our planning law specialists would be delighted to help you.

Tees are here to help

We have many specialist lawyers who are based in:

Cambridgeshire: Cambridge
Essex: BrentwoodChelmsford, and Saffron Walden
Hertfordshire: Bishop’s Stortford and Royston

But we can help you wherever you are in England and Wales.

Empowering local communities: Tees Better Future Fund grants 2024

Fund grants support youth, health, and learning initiatives across East Anglia

Tees are committed to supporting our local communities to a better future. The Tees Better Future Fund builds on Tees’ heritage and legacy as a firm that values life-long learning and connecting people and communities through the generations. The Fund is delighted to offer grants of up to £5,000 for local projects focusing on learning and education and health and wellbeing, including supporting mental health for young people, children and families.

 We are delighted to announce that the four latest projects to receive a grant are:

  • East Anglia Youth Rowing
  • Home-Start Royston & South Cambridgeshire
  • Bishop’s Stortford Youth Project
  • Living Pictures

 Look out for more information about these four excellent charities and their invaluable work in their local communities.

 East Anglia Youth Rowing

Tees Better Future Fund is delighted to announce that East Anglia Youth Rowing is one of four projects to receive a £5,000 grant this year.

EAYR aims to give young people from all backgrounds access to the benefits of rowing in East Anglia and show that it is a sport for everyone. In particular, the charity focuses on supporting young people living in rural communities with “hidden deprivation”, where many students are entitled to free school meals.

EAYR’s programme introduces rowing to students at state schools; at the end, the young people who wish to continue rowing are fed into local clubs. The Tees Better Future Fund grant will continue this project in North Cambridge Academy – just a stone’s throw away from Tees’ Cambridge office.

East Anglia Youth Rowing runs a summer camp, which the Tees Better Future Fund grant will also help to support. As well as rowing, EAYR arranges talks with professionals from STEM subjects, plus breakfast and lunch is provided – a lifeline for some families during the holidays. Also, in a bid to break down barriers between the university and the town, EAYR has encouraged Queen’s College, Cambridge to hold a state school rowing competition, giving local students an excellent opportunity to visit the college.

The charity was only set up two and a half years ago, but 600 young people have already benefited from their brilliant work. EAYR is branching out into Norfolk in September 2024, and they have plans to expand further into Suffolk. Tees is proud to support EAYR as they grow and continue to have a significant positive impact on the lives of young people in East Anglia.

 Home-Start Royston & South Cambridgeshire

 Tees Better Future Fund is pleased to share that Home-Start Royston & South Cambridgeshire (HSRSC) is a recipient of a £5,000 grant.

HSRSC supports local families with children aged nine and under through tough times, either with a home-visiting service or specialised family support groups. The Tees Better Future Fund will help three families access home-visiting support in Royston, a service that offers practical and emotional support to families in crisis.

 Families come to HSRSC with a variety of difficulties – some might have fled from domestic abuse, others may not have any friends or relatives locally, or they could be struggling to cope with a child’s illness. The home-visiting service matches each family with a trained volunteer who visits them weekly and offers tailored support – they might help with a weekly shop, play with a child with additional needs, or support parents with behaviour management.

Families usually receive home-visiting support for an average of 6-9 months. By the end, HSRSC hopes to have empowered the families, improved their confidence, and helped them cope with the difficulties they face. In the year 2022-23, 100% of parents felt they were more able to be involved in their children’s early development and socialisation at the end of home-visiting support.

HSRSC, established in 1983, turned 40 last year, and its work is more vital than ever. The charity has recently seen an increase in the number of families with complex needs, and the cost-of-living crisis has significantly impacted their financial stability. Tees Better Future Fund is, therefore, proud to help three families in need access vital support from HSRSC.

 Bishop’s Stortford Youth Project

 Tees Better Future Fund is pleased to share that the next charity to receive a grant is Bishop’s Stortford Youth Project (BSYP).

BSYP was established in 2013 to provide safe spaces and opportunities to local secondary school-age young people. The Tees Better Future Fund will help to fund the drop-in sessions at Thirst Youth Café, a welcoming space for young people to meet, make friends, and take part in fun activities to increase happiness, health, and well-being.

The Fund will also support the continuation of BSYP’s youth volunteer programme, which helps young people learn new skills and develop their potential. Participants work in Thirst and connect with young people on their own. Not only does the programme give young people a confidence boost, but it is also excellent work experience and has helped many participants get jobs when they go to university.

 Alongside Thirst, BSYP have a 1:1 mentoring project in local secondary schools, where students meet with a youth worker every week for 6-10 weeks. They also run a wellbeing project; local GPs refer young people to BSYP who are on the waiting list for other services, such as CAMHS.

BSYP has seen a dramatic increase in mental health issues among young people in recent years, so their work is becoming more vital. With a well-established base in Thirst Café, BSYP are now continuing to explore ways that they can take their services to young people – particularly those in surrounding villages that may be isolated due to limited transport links. We look forward to supporting the café’s excellent work and seeing what BSYP does next to transform the lives of young people.

Living Paintings

We are delighted to announce that Living Paintings is the next charity to receive a grant from Tees Better Future Fund.

Living Paintings designs Touch to See books for blind and partially sighted children and adults. These books are then distributed via a free postal library service, allowing anyone to access the resources, regardless of financial position and location. The Tees Better Future Fund grant will go towards providing this vital service to blind and partially sighted children in Cambridgeshire for another year.

There are 26,000 blind and partially sighted children in the UK. They live in an isolated world, so Living Paintings’ books are intended to be a shared reading experience. These unique books help blind and partially sighted children gain literacy skills and integrate into the world. The books are visually impressive, so sighted children love using them, too, putting across a positive message to the wider population about the resources available for blind children.

Established in 1989 by Alison Oldland MBE, Living Paintings is the only organisation like It. In 2023, Thanks to their accessible picture books and resources, 100% of child library members had more shared experiences with sighted friends, family, and peers, and 99% benefitted from improved confidence in reading.

Demand is high for Living Paintings’ service. Last year, they doubled their child beneficiaries within six weeks thanks to a popular project for the King’s Coronation. The charity is currently exploring how it can support 0–3-year-olds at a time when they are developing key cognitive skills. Tees Better Future Fund is proud to support such a unique charity as it continues to provide a vital service to blind and partially sighted children.

Economy set for short term Budget boost

Economic review October 2024

New economic projections produced by the Office for Budget Responsibility (OBR) suggest the Labour administration’s first Budget will provide only a ‘temporary boost’ to UK economic output. 

Chancellor Rachel Reeves revealed the independent fiscal watchdog’s latest forecast during her Autumn Budget delivered to the House of Commons on 30 October. The updated figures predict the economy will expand by 1.1% this year and 2.0% in 2025, slightly higher than the OBR’s March forecast, with growth then falling back across the remainder of this Parliament. The OBR concludes that the Budget’s overall impact will leave ‘the level of output broadly unchanged at the forecast horizon.’

Before the Budget, the latest monthly gross domestic product (GDP) data released revealed that the UK economy returned to growth after two consecutive months of stagnation. The Office for National Statistics (ONS) figures showed the economy expanded by 0.2% in August, with all major sectors posting some growth. Despite August’s pick up, ONS warned that the broader picture in recent months was one of ‘slowing growth’ compared to the year’s first half.

This loss of momentum was also highlighted in the latest S&P Global/CIPS UK Purchasing Managers’ Index (PMI), with its preliminary headline growth indicator falling to 51.7 in October from 52.6 the previous month. While remaining above the 50 threshold that denotes expansion in private sector output, this latest reading was the lowest since last November.

Commenting on the survey, S&P Global Market Intelligence’s Chief Business Economist Chris Williamson said, “Business activity growth has slumped to its lowest for nearly a year in October as gloomy government rhetoric and uncertainty ahead of the Budget dampened business confidence and spending. The early PMI data are indicative of the economy growing at a meagre 0.1% quarterly rate in October.”

UK inflation falls sharply

Official consumer price statistics released last month revealed a larger-than-expected fall in inflation, potentially paving the way for further interest rate cuts in the coming months.

ONS data showed the annual headline rate of inflation dropped from 2.2% in August to 1.7% in September. The fall, which took the rate to its lowest level since April 2021, was primarily driven by lower airfares and petrol prices.

The decline was more significant than economists had anticipated, with the consensus forecast in a Reuters poll predicting a September reading of 1.9%. It also took the figure decisively below the Bank of England’s (BoE) 2% target, and further fuelled market expectations for more interest rate cuts this year.

Last month, however, two of the BoE’s nine-member rate-setting Monetary Policy Committee (MPC) advocated the continuation of a cautious approach to monetary easing. Megan Greene, for instance, suggested volatile components had driven September’s sharp inflation fall and again stated her preference for rate cuts to be gradual, while Catherine Mann said the cooling of price growth still had “a long way to go” for the Bank to hit its 2% target over the medium term.

In early October, though, BoE Governor Andrew Bailey (another MPC member) told the Guardian that, provided there was further welcome news on the inflation front, he felt the Bank could become “a bit more aggressive” in its rate-cutting approach. In a recent Reuters survey, 72 economists said they believe a quarter-point rate reduction would be announced after this month’s MPC meeting on 7 November.

Market expectations for the speed of monetary easing over the coming 12 months, however, eased back after the Budget, as the Chancellor’s big spending plans raised fears of a pick-up in inflationary pressures next year.

Markets (Data compiled by TOMD)

UK indices moved lower on the last day of October as markets continued to digest the Budget announcement, during which Chancellor Rachel Reeves unveiled £40bn of tax rises. On 31 October, the Institute for Fiscal Studies (IFS) warned about the likelihood of further tax rises following the Budget.

The FTSE 100 index closed October on 8,110.10, a loss of 1.54%, while the mid cap focused FTSE 250 closed the month 3.16% lower on 20,388.96. The FTSE AIM closed on 737.10, a loss of 0.45% in the month. The Euro Stoxx 50 closed the month on 4,827.63, down 3.46%. At month end, the Bank of Japan retained interest rates at their ultra-low level as it monitors global economic developments and potential risks to domestic recovery. The Nikkei 225 closed October on 39,081.25, a monthly gain of 3.06%.

With voters poised to take to polling stations stateside, robust economic data at month end confused the backdrop for imminent Federal Reserve rate cuts, as US stocks and government bonds fell. The Dow Jones closed the month down 1.34% on 41,763.46. The tech-orientated NASDAQ closed the month down 0.52% on 18,095.15.

On the foreign exchanges, the euro closed the month at €1.18 against sterling. The US dollar closed at $1.28 against sterling and at $1.08 against the euro.

Gold closed October trading at $2,734.15 a troy ounce, a monthly gain of 3.96%. Towards the end of the month, the precious metal traded higher as demand surged ahead of Diwali and the US election; uncertainty over the election outcome has made investors focus on the safe haven asset. Brent crude closed the month trading at $72.62 a barrel, a gain over the month of 1.35%. Oil prices stabilised at month end after rallying due to robust fuel demand in the US and reports that OPEC+ may delay an increase in output.

Index

Value (31/10/24)

Movement since 30/09/24

FTSE 100 8,110.10 -1.54%
FTSE 250 20,388.96 -3.16%
FTSE AIM 737.10 -0.45%
Euro Stoxx 50 4,827.63 -3.46%
NASDAQ Composite 18,095.15 -0.52%
Dow Jones 41,763.46 -1.34%
Nikkei 225 39,081.25 +3.06%

Retail sales rise for third successive month

Recently published ONS statistics showed that retail sales rose for the third month in a row in September, although more up-to-date survey data does point to a recent slowdown as consumers paused spending ahead of the Budget.

The latest official retail sales figures revealed that total sales volumes rose by 0.3% in September, with ONS saying tech stores were the main driver of growth, reflecting a sales boost from the new iPhone launch. September’s growth defied economists’ expectations for a monthly 0.3% decline and, combined with July and August’s strong gains, resulted in sales volumes rising by 1.9% across the whole of the third quarter, the joint largest increase since mid-2021.

More recent survey evidence, however, does suggest consumers became more cautious in the run-up to the Budget. The latest GfK Consumer Confidence index, for instance, found that sentiment fell to a seven-month low in October as concerns over possible tax hikes hit confidence.

Data from last month’s CBI Distributive Trades Survey also points to a recent dip in consumer spending. The CBI noted that retail sales volumes ‘slipped back slightly in October,’ adding that some retailers had highlighted ‘increased consumer caution’ ahead of the Autumn Budget.

More signs of a cooling jobs market

The latest batch of labour market numbers revealed fresh evidence of a softening in the UK jobs market with both an easing in pay growth and a further fall in the overall level of vacancies.

Statistics released by ONS last month showed that average weekly earnings excluding bonuses rose at an annual rate of 4.9% in the three months to the end of August. This figure was down from 5.1% in the previous three-month period and represents the slowest rate of pay growth for over two years.

Adding to signs of a cooling jobs market, the release also revealed another decline in the level of vacancies. In total, ONS said there were 34,000 fewer job vacancies reported between July and September 2024 compared to the previous three-month period; this represents the 27th consecutive monthly fall in the number of vacancies.

Last month also saw a number of recruitment firms report a more recent slowdown. Robert Walters, for instance, noted a pause in jobs market activity in the run-up to the Autumn Budget, while James Reed, CEO of recruitment consultancy Reed, said the UK labour market was experiencing “a slow-motion car crash” with firms lacking the confidence to hire new staff.

All details are correct at the time of writing (1 November 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.

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. Tees is a trading name of Tees Financial Limited which is regulated and authorised by the Financial Conduct Authority. Registered number 211314.

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

Landlord rights: How to deal with difficult tenants

Dealing with problem tenants can feel like a nightmare for landlords. When problems occur during a tenancy, there are steps landlords can take to protect their rights. Here, our property dispute specialists give their top tips to avoid problems.

Preventing disputes with tenants

Of course, we’d all rather prevent disputes from happening in the first place. Dealing with difficult tenants can be very difficult for landlords – and for many, it’s unfamiliar and potentially risky territory. After all, navigating the complex rules relating to tenants’ rights and exactly what landlords can and cannot do can feel like a minefield.

Here are some steps you can take to avoid problems with your tenants:

Run a background check on your tenant(s)

Make sure you run appropriate background checks on your tenants before they move in. This includes checking the ‘Right to Rent’ status of all adults living in the property, obtaining a reference from their previous landlord or agency and a credit check. This is often the first step in the process, and one of the most important – any red flags at this stage should help you avoid potentially problematic tenants altogether.

Maintain an up to date inventory

Draw up a thorough inventory of the property, and its contents. If you are letting the property furnished, ensure that all furnishings and appliances are accounted for and checked prior to check in. An up to date, comprehensive inventory is invaluable if your tenants cause damage to the property.

It’s important to take out the right type of insurance when renting out your property.  Insurance designed for owner-occupied properties isn’t suitable for rental properties. Landlord Insurance is specifically designed for the needs of landlords. It covers damage to the property itself, as well as any content supplied by the landlord (such as furnishings or appliances). Additionally, it offers insurance against other risks such as the loss of rental income if your tenants are unable to pay.

Check your tenancy agreement

Before the tenancy commences, have the tenancy agreement checked by a solicitor who specialises in property law. The solicitor will help you ensure your rights as a landlord are fully protected, and that you’re in the best possible position if any problems were to come up during the tenancy.

Your tenancy agreement forms the foundation of your relationship with your tenants. You may need to rely on the tenancy agreement later, particularly if there are any problems. Taking the time to ensure it’s legally sound and compliant can help you avoid a lot of trouble, and expense, in the long run.

The Tenancy Deposit Protection scheme

Under Tenancy Deposit Protection legislation, landlords and agents are required to protect deposits in one of three government-approved schemes. If your tenants honour the terms of the tenancy agreement, then the deposit is returned to them in full at the end of their tenancy. If they don’t, then the landlord is entitled to make deductions from the deposit to cover things like breakages or damage. Carrying out regular inspections of your property, giving your tenants reasonable notice (at least 24 hours) in writing, can help ensure any problems are identified at an early stage.

Problems during and after a tenancy

Sometimes, problems with tenants arise – even if you’ve done everything you can to protect against it. Common problems with tenants include:

  • Damage to your property and/or furnishings
  • Noise complaints and problems with neighbours
  • Rent arrears
  • Refusal to vacate the property once the tenancy has ended

If your tenants are causing damage or being a nuisance, start by communicating clearly, politely and firmly with them, explaining why their behaviour isn’t acceptable. If your tenancy agreement contains clauses regarding unacceptable behaviour, remind them of their responsibilities. It’s worth pointing out to them as professionally and calmly as possible that if the problems can’t be adequately dealt with and you are forced to seek possession of the property through the courts, you will not be able to provide them with a satisfactory reference and this will severely restrict their ability to take a tenancy with a different landlord.

If the tenants are in arrears with their rent, then start by issuing a polite reminder that the money is due. Keeping in touch with them and documenting all the steps you take to recover the rent is extremely important if you find yourself needing to take legal proceedings against them at any point.

Evicting a tenant

If all other steps have failed, then you may need to consider evicting a tenant.

It is very important to do this is in the right way, and follow the correct procedures and guidance. Failing to do so could cause delays, and incur extra expense or loss of income. In particular, following the correct procedures helps protect landlords from being accused of harassing or illegally evicting tenants. At Tees, we offer advice and guidance to protect your position and ensure the eviction process proceeds smoothly.

If your tenant is renting under an assured shorthold tenancy agreement and hasn’t paid the rent for more than 8 weeks, has damaged the property, or is causing a nuisance to neighbours, or breaching any other terms of their rental agreement, we can explain how to use a Section 8 notice to regain possession of your property. You will need to give them between 2 weeks’ and 2 months’ notice to leave, depending on which terms they have broken. If they don’t leave by the specified date, we can help you apply to the court for a possession order.

Alternatively, we can explain how to use a Section 21 notice, which is often referred to as the ‘no fault’ route, as here the landlord doesn’t need to prove that the tenant has done anything wrong. This gives the tenant at least 2 months to leave. When using this form of eviction, it’s vitally important to ensure that you comply with all the requirements, as failure to do so will render the notice invalid, and you would have to wait for a new notice period to expire before issuing a fresh Section 21 notice.

Your property dispute specialists

Darren Perks, Partner at Tees, is a specialist in property disputes and regularly deals with complex cases for a wide variety of clients.  Darren’s work includes disputes relating to commercial, agricultural and residential leases, adverse possession, easements and covenants, boundaries, overage, transactions, construction and statutory compensation.
Darren has successfully resolved many claims for landlords involving both residential and commercial properties, and with more than 10 years’ experience in this area of the law has the practical experience to help you find a solution. To contact Darren directly, please telephone 01279 710619 or email darren.perks@teeslaw.com.

Boundaries: The hedge and ditch rule

Do you know about the hedge and ditch principle?  It’s an ancient rule that can be a shaft of sunlight through the fog of a rural boundary dispute.

The hedge and ditch rule

In a case in 1810, a few years before the Battle of Waterloo, Mr Justice Laurence said: “The rule about ditching is this.  No man, making a ditch, can cut into his neighbour’s soil, but usually he cuts it to the very extremity of his own land: he is of course bound to throw the soil which he digs out, upon his own land; and often, if he likes it, he plants a hedge on top of it.”

It seems at first almost a comical idea – the judge cannot have known what any particular farmer did in the past – he was making it up – but as it turns out, it has been very useful ever since.

The hedge and ditch rule is a rebuttable legal presumption that where there is a hedge and ditch running along the boundary of a parcel of land, then the boundary lays along the farthest edge of the ditch from the hedge. The presumption is that the owner of the land dug the ditch along the edge of their boundary and then piled up the soil along their land, after which a hedge was planted.

The hedge and ditch principle is simple and easy to apply

In establishing the true location of a boundary, the court will typically weigh up a number of factors, including the topography and other physical attributes. The hedge and ditch principle brings some certainty to boundary questions in the country.

Can the hedge and ditch rule be rebutted?

Yes. The rule may only be a starting point depending on the precise circumstances. Examples of where is doesn’t apply include:

  • if the boundary was fixed after the ditch was dug
  • if the ditch can be shown to have been dug whilst the land was in common ownership
  • it can also be overruled by what the title deeds say.

Another example of rebuttal was seen in the case of Steward v Gallop [2010] EWCA Civ 823 where the hedge ran only along part of the relevant boundary and the hedge predated the ditch.

The Parmar v Upton case

In the Parmar v Upton case [2015] EWCA Civ 795, although the rule ultimately proved decisive, this was only after significant time and costs had been spent by the parties. The Court of Appeal re-affirmed that the long-standing hedge and ditch rule is still good. In this case, the appellant could not, despite some fresh evidence, overturn the presumption that the hedge and ditch rule applied and consequently the appeal was dismissed.

Using Land Registry title plans in boundary disputes

The precise location of a boundary is a common dispute between neighbouring landowners. Often, neighbours will look to the Land Registry’s title plan as proof of the boundary’s location.

Sadly, Land Registry title plans are based on Ordnance Survey maps which are not definitive as to the legal extent of the boundaries around the property. Land Registry title plans are typically for identification purposes only and boundary disputes rarely turn on the title plans themselves.

Emotions running high

Often, the problem is not about boundaries – it is about the relationship between individuals.  In a boundary dispute the emotions often run hight, neighbours fall out, they stop talking to each other, and then when there is an issue, the dispute escalates rapidly.

The skill of the solicitor in a boundary dispute can be a subtle one.  Court proceedings may sometimes be necessary but approaching the situation firmly but diplomatically can often achieve a better result for the client.

Tees is here to help

We have many specialist lawyers who are based in:

Cambridgeshire: Cambridge
Essex: BrentwoodChelmsford, and Saffron Walden
Hertfordshire: Bishop’s Stortford and Royston

But we can help you wherever you are in England and Wales.