Sarah O'Sullivan, Author at Tees Law

How to protect your property from fraud

Posted on 9 June 202010 July 2025 by Sarah O'Sullivan

Property fraud is on the increase and fraud methods change all the time. You should look out for anything that seems unusual or suspicious, as usually there will be more than one sign that fraud is being committed.

What are the types of property fraud?

Identity theft and impersonation

Criminals may impersonate anyone involved in a property transaction, including owners, buyers, borrowers, lenders or conveyancers.

One of the ways that property fraud can occur is where a fraudster has used forged documents to claim they are the owner of a property. They then apply for mortgages against that property and the mortgage is registered against the title to the property at the Land Registry. The fraudster then pockets the proceeds of the mortgage and disappears leaving the owner of the property with a debt they know nothing about until the lender claims they have defaulted on the mortgage.

If a property already has a mortgage secured against it, then the consent of the original lender is required before additional borrowing can be completed which makes any fraud harder to undertake.

If you do not have a mortgage or do not live at the property and therefore do not receive any notices or letters that are sent there, you can protect yourself in several ways.

We would recommend that you make sure that you notify the Land Registry of any change of address you may have so that they have up to date records of where to write to you. You can have up to three addresses listed including an email address, so if you travel frequently you will be able to choose the most appropriate addresses for you.

It is possible to register a restriction on your legal title. This requires the consent of a third party before a mortgage can be completed and registered against the title to your property. You can apply for a restriction if you live in the property but you have to pay a fee. If you don’t live in the property but own it privately, it is free.

Buyers

Criminals may use false ID to pretend to be a buyer and make an offer, then withdraw before exchanging. They can then use the information they’ve learned during the process to commit title fraud on the owner of the property. They may also continue with the transaction and steal any money raised from the lender.

Sellers

Criminals may attempt to sell or mortgage a property by impersonating an owner using false or stolen ID.

Criminals often target:

sole owners, especially of unmortgaged properties
owners who have died
owners living overseas
absent owners, especially landlords
owners who are in a hospital or care home
owners who have built up equity in their property

Conveyancers

A criminal may pretend to be a conveyancer or to act for an authorised firm of conveyancers. You should check the details of the conveyancer acting for the other party to make sure they’re correctly registered.

Lenders

Criminals may submit forged discharges – a formal recognition that a mortgage has been paid off.

Be wary if the source of the discharge is not a lender regulated by the Financial Conduct Authority, or where the lender itself does not give you the discharge.

Am I at risk of property fraud?

Anyone who owns or is in the process of buying a home could potentially be targeted by scams, but some homeowners are more at risk than others.

If your property is empty or rented out, it is more vulnerable to fraud. Properties that aren’t mortgaged are seen as more high risk, as are those that are not registered with the Land Registry.

Properties most likely to be unregistered are those that haven’t been mortgaged or sold since 1990.

What can I do if I think I’m at risk?

The first thing you should do is to sign up to the Land Registry Property Alert service.

Alerts are sent to you via email when official searches and applications are received against the property you want monitored.

If someone tries to make changes to a property you have registered – such as applying to change the registered owner of your property – a notification is sent to you via email.

It won’t automatically block any changes to the register but it will tell you what is happening so you can take appropriate action if necessary.

It’s a good service for landlords too, as you can monitor up to ten properties at one time free of charge.

More than one person can monitor a property at the same time, which is useful if you and your siblings are looking after a property for parents in care.

Ensuring your protection during a property transaction

As professional property conveyancing solicitors, we actively engage with our clients to ensure that your data and monies are well protected. We insist that your bank details are only sent by post and will alert you to potential scams such as ignoring emails or phone calls that claim last minute changes of bank account details.

We would also advise:

Do not send your bank details by email to anyone, either phone them through or take them into their office – if this is possible
Choose your conveyancing solicitor carefully. Tees (incorporated under the name Stanley Tee LLP) is registered with the Law Society and the Council for Licensed Conveyancers
Read anything sent to you by your conveyancing solicitor very carefully. We provide our clients with our bank details at the outset, by post and we stress that those details will not change
If you are being pushed to proceed very quickly, be careful. Fraudsters often use this tactic so that emails are used and corners are cut

As simple and stress free as possible

Whether you’re buying your first house or expanding your buy-to-let portfolio, we keep in touch regularly and try to keep the process as simple and stress-free as possible.

Our property solicitors are members of the Law Society’s Conveyancing quality scheme. When you’re ready to make your move, call us to get a conveyancing quote.

How to succeed at property auctions: Expert tips for buyers

Posted on 8 June 202010 July 2025 by Sarah O'Sullivan

So you have seen an auction advertised in your local paper and as you have nothing else to do with your time you decide to go along and have a look to see what is available.

You don’t need a solicitor before the auction – or do you?

Well the answer to that is an emphatic “yes”. You should ensure that you do all of your research before going to the auction as, in the event of you bidding successfully, contracts are exchanged when the gavel goes down and you will have a contract which binds you to purchase the property on the date specified in the contract.

What is more, you should make sure that all of the searches and surveys are carried out before contracts are exchanged, just as you would if you were going to purchase a property in the usual way (which is known as by Private Treaty).

A purchase by auction should not be viewed any differently.

How do I start the process of buying at auction?

After seeing the advert you should get a copy of the catalogue. Most of these are now available online. You should then consider which particular properties you might be interested in.

The catalogue will show a guide price for the property. This is not the price for which the property will actually be sold but the agents guide of their estimate of the price the property may achieve. The property may sell for significantly more than that although it may also sell for less. Do not however make the mistake of believing that you will be able to pick up a bargain.

Properties do on occasion go for significantly higher than the guide price. It only takes a number of people to be bidding for the property to go significantly higher than anyone thought possible. The seller may well have set a reserve on the property which means that the property cannot be sold at the auction for anything below that figure.

What about a survey?

When you have selected properties that you would like to look at then you should arrange to visit them if at all possible and you should also arrange for a proper survey of the property to be conducted by an appropriately qualified surveyor. The surveyor will be able to advise you about the state and condition of the property ensuring that it is structurally sound and also advising on any work that may need to be carried out. This will enable you to obtain quotes if necessary as you do need to go into the auction with all of the relevant costings available.

What will my solicitor do?

The catalogue will show that a legal pack is available and that is what the solicitor needs to look at. This should contain copies of the title deeds to the property and any searches that the seller’s solicitor may have completed. Most catalogues should be available several weeks before the actual auction and you should give your solicitor as much time as possible to check through the documents for you.

Properties which are going to auction often have some form of problem with them. This can be either a legal problem or structural one. Your solicitor will check any legal issues for you and will ensure that there are no problems evident in the title deeds or searches.

Common problems include:

Issues with rights of way or rights for services to be connected
Boundary issues
Missing or inaccurate title deeds
Planning restrictions

Regarding the last point, if the property is being sold with planning then the contents of the planning documents should be checked carefully to make sure that there are no hidden concerns.

You may find that you have to carry out further investigations in relation to such matters as contamination on the site particularly if you are going to convert something to residential use. Make sure that you give yourself enough time to carry these out. “Marry in haste repent at leisure” applies equally to this situation.

Financial considerations

Before attending the auction you must make sure that you have enough money to complete on any purchase. Remember that as well as the amount that you bid for the property the auction house will add a percentage as their fee. You should also take into account any stamp duty that you have to pay and the land registry fee that you will have to pay to register you as the owner of the property if you are successful.

The cost of any searches that have been provided by the seller is often added to the price that you will have to pay and on occasion, the seller also makes it a term of the auction that their solicitor cost have to be paid by the buyer.

Offers in advance of the auction

If you are particularly keen on the property then you may well be able to make an offer before the actual auction. If that offer is successful then the seller is likely to require that you exchange contracts in the conventional way before the auction takes place at which point they will withdraw it from the actual auction.

Auction day – what happens when the day arrives?

Once at the auction try not to get carried away with the excitement of the situation. It is vital that you set a limit on the amount that you can pay for the property. Do not bid more for the property than you can afford or that it is worth to you. This may sound obvious, but it is all too easy to get caught up in the moment and get carried away.

The auction house will ask you to provide them with proof of funds and ID before issuing you with a number which is used to identify you when are bidding. This is required to comply with the Money Laundering Regulations so make sure that you take these with you or you will not be able to bid.

It is possible to bid in a number of different ways. You can bid on the telephone, the internet or via a proxy bid. You will need to comply with the Money Laundering Regulations whichever method you use to make your bid.

Success! Now what happens?

If you are successful you will have to pay the deposit there and then and the bringing down of the gavel signifies exchange. You cannot refuse to complete the transaction on the basis that you find something out after the auction that you should have known before.

The completion date will be set in accordance with the conditions set out at the back of the catalogue and will usually be 20 working days after the auction although this time frame may vary.

If the property is not sold at the auction it may still be possible for you to purchase it as the agents tend to approach any underbidders to see if they would be interested. You will often see agents in a huddle after the auction trying to secure a deal if the highest price offered is very close to the reserve that was set.

Remember auctions can be a very stressful environment but can also be a great deal of fun. Also remember to consult your solicitor as early in the process as possible to make sure that you know all the ins and outs of the property that you want to bid for.

Fast and efficient service

Our Residential property solicitors are members of the Law Society’s Conveyancing quality scheme and experts in dealing with transactions involving property purchased at auction.

We understand that speed of service is an important factor when buying at auction and will take care of all the legal formalities as quickly and efficiently as possible right through to completion.

Delay in diagnosis of Giant Cell Arteritis

Posted on 15 April 20209 July 2025 by Sarah O'Sullivan

Losing your vision, either partially or entirely, can be deeply distressing. It can limit your independence, affect your mobility, and make it challenging to maintain employment. Depending on the extent of your sight loss, adjusting to this new reality may involve significant lifestyle changes and expenses.

If your vision loss was caused by medical negligence, you have up to three years from the incident to bring a claim. At Tees, our experienced medical negligence solicitors can guide you through the process.

With prompt diagnosis and treatment, Giant Cell Arteritis (GCA) is a manageable and often curable condition. However, untreated GCA can lead to serious complications, including irreversible vision loss.

Sarah Stocker, a solicitor specialising in GCA claims at Tees, explains the symptoms, causes, diagnosis, and treatment of this often-overlooked condition.

What is Giant Cell Arteritis (Temporal Arteritis)?

Giant Cell Arteritis (GCA) is the most common form of vasculitis in adults, primarily affecting those over the age of 50. The name refers to the large or “giant” cells that can be seen when inflamed arteries are examined under a microscope.

GCA mainly affects the arteries in the temples but can impact other arteries throughout the body.

Symptoms of Giant Cell Arteritis

The symptoms of GCA can vary depending on which arteries are affected. Common symptoms include:

Severe, recurring headaches
Tenderness over the temples
Scalp sensitivity, especially when brushing hair
Jaw pain while eating or talking
Vision disturbances such as double vision or loss of vision in one or both eyes

Other general symptoms include:

Fatigue and weakness
Fever
Unintended weight loss
Shoulder, hip, and neck pain
Depression

If you experience any of these symptoms, particularly sudden vision loss, seek medical attention immediately.

Causes of Giant Cell Arteritis

The exact cause of GCA remains unknown, and there are no well-established risk factors. However, it is most commonly seen in individuals over the age of 50 and may be linked to the immune system mistakenly attacking healthy blood vessels.

Diagnosing Giant Cell Arteritis

A diagnosis of GCA usually involves:

Physical examination: A doctor will check for tenderness over the temples and may identify a weakened pulse in the arteries.
Blood tests: Inflammation markers like Erythrocyte Sedimentation Rate (ESR) or C-reactive protein (CRP) may indicate GCA.
Ophthalmologist referral: An eye specialist may conduct a thorough examination to check for optic nerve damage.
Ultrasound or biopsy: A temporal artery biopsy may be performed to confirm the presence of giant cells.

Prompt diagnosis is essential to prevent permanent vision loss.

Treatment for Giant Cell Arteritis

Steroid Medication, typically prednisolone, is the primary treatment for GCA. Due to the risk of vision loss, treatment often starts before test results are confirmed.

Initial High-Dose Steroids: Administered for several weeks to control symptoms.
Long-Term Management: The dosage is gradually reduced, sometimes over several years.
Ongoing Monitoring: Some individuals may require lifelong maintenance treatment.

Prognosis for Giant Cell Arteritis

With early diagnosis and appropriate treatment, the outlook for GCA is generally positive. However, if vision loss has occurred, it is usually irreversible.

Most complications arise from the long-term use of steroids, rather than the condition itself.

How We Can Help

At Tees, our medical negligence solicitors are dedicated to supporting you through every step of your claim. We will listen to your story, assess your case, and provide clear, honest advice on your options. Our goal is to secure the best possible outcome for you.

What is family arbitration? A guide for separating couples

Posted on 31 March 20202 July 2025 by Sarah O'Sullivan

Family arbitration is a private, confidential process designed to help separating couples resolve disputes without the need for a formal court application. It offers a faster, more flexible, and cost-effective alternative to court proceedings for disagreements over finances or child arrangements.

Sally Powell, an experienced family law professional, can guide you through the arbitration process. From selecting an arbitrator to navigating financial or child-related disputes, Sally provides expert support to ensure a smooth resolution.

How does family arbitration work?

Arbitration involves appointing an independent, qualified arbitrator who acts like a private judge to make a legally binding decision. Both parties must agree to arbitration and commit to accepting the arbitrator’s decision.

The process is adaptable to suit your needs. It can involve submitting documents, phone conferences, or face-to-face meetings. This flexibility makes arbitration a quicker and often more affordable solution compared to the lengthy court process.

What is an Arbitrator?

An arbitrator is a legally trained professional with extensive family law experience. With a minimum of 10 years of post-qualification experience, arbitrators undergo rigorous training to ensure they can deliver fair and impartial decisions. Similar to a judge, they assess evidence, consider legal arguments, and provide a written decision, called an “award” in financial cases or a “determination” in child arrangement cases.

The family arbitration process: Step-by-step

Agreement to arbitrate: Both parties must agree to arbitration and appoint a suitable arbitrator. If an agreement cannot be reached, the Institute of Family Law Arbitrators can select one for you.
Initial case management conference: This is often held via phone or in person to set out how the arbitration will proceed.
Evidence and submissions: Each party presents their evidence and arguments.
Decision making: The arbitrator delivers a legally binding decision in writing.
Court approval (if necessary): In most cases, the arbitration decision is converted into a court order for enforcement.

Advantages of family arbitration

Faster resolution: Avoid lengthy court delays with a streamlined process.
Confidentiality: Protect your privacy with confidential proceedings.
Expertise: Choose an arbitrator with specific experience in family law.
Flexibility: Schedule hearings around your availability.
Cost-effective: Reduce legal fees compared to court litigation.

Is an arbitration award legally binding?

Yes. An arbitration award has legal standing and is enforceable in the same way as a court order. While appeals are limited, you may challenge an award if there is a serious legal error or procedural irregularity.

Arbitration vs. mediation

While both processes are alternatives to court, they differ significantly. Mediation involves a neutral mediator facilitating discussions to help parties reach an agreement. In contrast, an arbitrator makes a binding decision. In some cases, mediation and arbitration can be used together to resolve specific issues.

How much does family arbitration cost?

Arbitrator fees are typically agreed upon in advance, and both parties usually share the costs. While the fees vary depending on the arbitrator’s experience and location, the overall expense is generally lower than court proceedings. Additional costs may include legal representation and expert reports if required.

Get started with family srbitration

If you’re considering arbitration to resolve family law disputes, it’s essential to seek legal advice. A qualified solicitor can assess your circumstances and help you navigate the arbitration process. Contact Sally Powell for expert guidance tailored to your needs.

Family arbitration offers a practical, efficient, and private way to settle disputes, ensuring a fair outcome for both parties while reducing the stress and costs associated with court proceedings.

Bullying and harassment at work

Posted on 20 March 20208 July 2025 by Sarah O'Sullivan

With widely reported resignations resulting from allegations of bullying behaviours, both harassment and bullying is an increasingly common issue faced by employers.

This article sets out information for employers on the issues surrounding bullying and harassment in the workplace, what they should do and what potential liabilities they could be responsible for.

What is workplace harassment & bullying?

Harassment is when behaviour from a person or group of people is unwanted behaviour makes you feel uncomfortable, intimidated, degraded, humiliated or offended.

Bullying has no legal definition with ACAS characterising bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse if power through means that undermine, humiliate, denigrate or injure the recipient”.

These behaviours can have a negative effect on employees often resulting in increased absence from sickness, anxiety/depression, low motivation and reduced productivity in the workplace.

Social media harassment

Bullying and harassment is not just face to face, it can also happen by letter, email, phone or even via social media.

With the ever-increasing speed of technological changes, there are implications for what is classed as bullying and harassment. The Equality and Human Rights commission has issued new guidance on workplace harassment, warning that comments posted on social media could be classed as harassment. This adds a whole new dimension to the obligations that are faced by employers in this complex area of law.

Harassment guidelines could become law

There are plans for the guidelines to become statutory measures enforceable by law. Therefore it’s important for employers to be aware of what bullying and harassment is, their duties and responsibilities to their employees, as well as potential risks. What is the difference between bullying and harassment?

Bullying and harassment are similar in terms of the behaviours exhibited and how they make the victim feel.

To be protected under the Equality Act 2010 the conduct must be unwanted, have the purpose or effect of violating that individual’s dignity and be related to one of the protected characteristics, which are:

age
sex
race
sexual orientation
religion or belief
disability
gender reassignment
pregnancy and maternity.

Harassment where it is not related to a protected characteristic, could also be protected under the Protection from Harassment Act 1997 and civil claims can be brought by those affected.

Common types of bullying and harassment

Bullying and harassment behaviours in the workplace can include:

unwanted physical contact
workplace ‘banter’
unwanted shouting
unwanted remarks
freezing employees out and ignoring their contribution
denying someone training or promotion opportunities
spreading rumours
misuse of power or position
overbearing supervision
withholding information which can affect someone’s performance
persistent criticism or undermining someone.

What can employers do to prevent bullying and harassment?

Employers should develop and circulate policies dealing with bullying and harassment, including what standards of behaviour are expected, what working relationships should look like and how to professionally manage these and deal with any conflicts.

Where employers can show that they took “all reasonable steps” to prevent employees behaving in such a manner, then they will not be liable for acts of discrimination. However simply having a policy is unlikely to be sufficient. Taking reasonable steps might mean having well-publicised policies but also undertaking effective and regular training of staff on the issue.

Staff should therefore be given training on how to act consistently and apply the bullying and harassment policy, to ensure they are familiar with the processes and how to follow them. Employees should be encouraged to feel that they can talk to someone in authority, for example, their line manager or someone in HR, and they will be listened to and have their concerns taken seriously; also that they will not be censured for speaking out.

Training could also be given on the impact and damage that certain behaviours can have on those affected. Managers in particular must be trained about their responsibility to identify and prevent such behaviour.

How to spot bullying and harassment

Staff can suffer in silence – feeling too anxious to tell someone about it for fear of not being believed, not being taken seriously or it getting worse as a result of speaking out. Good practice for employers includes being aware that it might be happening even if the person doesn’t report it. Things to look out for include:

increased absences from work
people disappearing from their desks, to get away -for example, go to the bathroom for long periods
declining standards of work, especially if that is not typical
people asking to move their desk or other location in which they work
unexpected outbursts indicating stress
colleagues avoiding or ignoring each other

What should employers do when there is a report of bullying or harassment?

According to a report published by the Chartered Institute of Personnel and Development, a quarter of employees think their company turns a blind eye to workplace bullying and harassment; so it is vital that employers react promptly and appropriately to complaints raised.

Where there is a complaint made, ensure that there is an effective resolution procedure so that the organisation can act promptly and conduct a thorough investigation, acting in a fair, confidential and sensitive manner. This will usually be set out in the anti-bullying and harassment policy or via a grievance process.

Where a complaint of bullying and harassment is well founded, employers will need to consider what steps to take against those who have carried out the conduct. These would usually be to consider appropriate disciplinary action under the employer’s disciplinary procedures, after an investigation has been carried out. Remember to always act with consistency.

What can employers do to support staff?

There are many ways in which employers can support affected staff, for example offer counselling to those who have made a complaint. Some employers may also offer the benefit of an external employee assistance scheme and employees should be made aware and directed to this.

If bullying and harassment leads to sickness, this will need to be managed appropriately, with support given in their return to work. It may be that the employer should consider, alongside a medical evidence or occupational health report, a phased return to work, adjustments to workload, or the possibility of a change of job or reporting lines.

Claims for workplace bullying and harassment

Bullying and harassment can lead to liability for employers as it is possible to pursue the employer for claims which relate to workplace bullying and harassment. This is because employers are normally liable for acts of their staff, whether or not they have condoned or dealt with the behaviour.

Where the treatment is related to a protected characteristic (see above) employees can pursue claims based on discrimination under the Equality Act 2010, where compensation for acts of discrimination is uncapped. If a complaint of discrimination is upheld then it is likely a Tribunal would make an award of ‘injury to feelings’ of the recipient as well as any other financial losses that follow from the acts of discrimination.

Employees may also seek to bring a claim of constructive unfair dismissal where they may attempt to show that the employer was in breach of their contract of employment and that they resigned in response to that breach. Commonly this is on the basis that a term implied into all employment contracts, dealing with mutual trust and confidence, has been irretrievably broken. This claim is limited to employees who have been employed for two years or more. If successful, the recipient is likely to be awarded a basic award (taking account of their age, length of service and pay) and a compensatory award, which reflects the financial losses incurred (e.g. loss of earnings).

Civil claims are also possible where harassment is not related to a protected characteristic and can be brought under the Protection from Harassment Act 1997.

Employment Tribunal Rules: What you need to know

Posted on 16 March 20209 July 2025 by Sarah O'Sullivan

If you’ve received an employment tribunal claim (ET1 Form) from a current or former employee, it’s important to understand the process and your responsibilities. Here are some common questions and answers to help guide you through.

What should I do after receiving an ET1 form?

You must respond using an ET3 Response Form within 28 days of receiving the claim. The specific deadline will be indicated in the tribunal’s letter. If you need help preparing your response or applying for an extension, we can assist you.

Can I dismiss a claim without merit?

Even if you believe the claim has no merit, you are still required to complete the ET3 Response Form. Additionally, you can submit an application to request a Pre-Hearing Review. During this review, the tribunal will assess the claim’s prospects of success. If the claim lacks reasonable prospects, it may be struck out. Alternatively, the tribunal may order the claimant to pay a deposit to proceed. We can represent you at this hearing if needed.

What if the claim lacks sufficient detail?

If the claimant’s submission is unclear, you have the right to request further information. You can send a formal letter with specific questions to clarify the issues. Our team can assist in drafting and sending this request.

What is ACAS and how can they help?

ACAS (Advisory, Conciliation and Arbitration Service) is an independent body offering confidential conciliation services. They help resolve disputes before or after a claim is filed. Settlement discussions through ACAS are private and will not be disclosed to the tribunal. Early involvement of ACAS can often lead to a faster resolution.

Can I recover legal costs if I win?

In most cases, each party covers their own legal costs in an employment tribunal, even if you win. However, you can apply for a costs award if the claimant has acted unreasonably. While cost awards are rare and only granted in exceptional circumstances, we can advise on whether this is a viable option.

Need further assistance? Our experienced team is here to help you navigate the employment tribunal process and protect your interests.

What are my rights if my employer goes into liquidation?

Posted on 21 November 201910 July 2025 by Sarah O'Sullivan

When a business goes into liquidation resulting in large scale redundancies, employees will often be unsure on what to do and what payments they may be able to claim.

Do I get redundancy pay if the company goes into liquidation?

If your employer goes into liquidation they may not have the funds available to make redundancy payments, however you can claim certain payments from the government’s National Insurance Fund.

The National Insurance Fund is made up of National Insurance contributions which are held to be used to pay for statutory schemes such as state pensions and redundancy.

The claims you are able to make from the National Insurance fund include:

Holiday pay
Salary arrears
Statutory notice pay
Statutory redundancy pay
Pension contribution.

Those payments are however subject to certain limits, which are:

Unpaid wages – up to eight weeks pay
Statutory Notice pay – between one and 12 weeks’ pay (depending on length of service)
Holiday entitlement which has accrued but not been taken in the last 12 months
Statutory redundancy payment (which depends on age and length of service).

All of the above are also subject to a cap on a week’s pay (currently £525 per week as of April 2019), which normally increases in April each year.

It is common for the appointed company liquidators to advise employees on their ability to make a claim to the National Insurance Fund for those payments outlined, but they are often far less well informed about the claims protective awards that an employee may be able to bring.

Call our specialist solicitors on 0808 231 1320

What is a protective award?

A protective award is an award of compensation where 20 or more employees are made redundant at a single workplace, and the employer fails to properly inform and engage in consultation about those redundancies.

Employers have a duty to consult with employee representatives before the redundancies are made. Where employers have breached this duty, a claim can be brought in by the Employment Tribunal and up to 90 days’ pay (per employee) can be awarded by the Employment Tribunal.

There is no minimum length of service required to bring protective award claims but such claims must be commenced within three months less a day from the date of dismissal. It is important to note that an employee must first complete the ACAS (Advisory, Conciliation and Arbitration Service) early Conciliation process, which will need to be done directly with ACAS by filling out a form online; this has the effect of extending the time limit. The length of the extension will vary, depending on how long the conciliation period lasts and it is therefore important to take legal advice first.

Who grants a protective award?

An Employment Tribunal must be persuaded to grant a protective award to an employee, which will depend on the circumstances, reasons for redundancy or liquidation and the steps, if any, that the business took to inform employees or their representatives.

Can you make both a protective award and a National Insurance Fund claim?

A protective award is classified as arrears of pay for the purposes of the National Insurance Fund, which means that, yes, employees can make a protective award and a National Insurance Fund claim. However, an order from the Employment Tribunal making a protective award to an employee would be needed prior to the National Insurance Fund accepting and making any payment to a redundant employee for a protective award element.

It is also important to note that the eight-week limit on arrears of pay will still apply and therefore any other arrears of wages (excluding notice pay, holiday pay or statutory redundancy pay) will come out of the eight-week limit. Even where there are no outstanding wages due, this means that where an Employment Tribunal sees fit to award 90 days’ pay, the National Insurance Fund will only pay out a maximum of 56 days.

Whilst outstanding sums above the cap of eight weeks pay can be claimed from the insolvent employer directly, including any unpaid part of a protective award, it is unlikely in an insolvency situation that the employer or its liquidators would have the funds to pay.

Electronic Communications Code

Posted on 25 September 201919 March 2025 by Sarah O'Sullivan

What do landowners need to know?

The old Electronic Communications Code was replaced on 28 December 2017. The intention was to simplify the planning procedures for network operators to install and maintain apparatus such as phone masts, exchanges and cabinets on public and private land. Landowners are now facing various practical challenges and are finding that the new code benefits the operator rather than the landowner.

The new code was designed to make it easier for operators to roll out or upgrade their services, such as the current focus on the rollout of 5G. Operators can now apply to Ofcom to obtain certain rights, allowing them to execute works for which they would have previously needed landlord’s prior consent. As a result, landowners have reported a noticeable loss of control over building works, poorer security, reduced access and difficulty in removing the operators from their property.

What’s changed?

If you are a landowner with a telecommunications agreement in place or are thinking about entering into a telecommunications agreement, there are several things to consider:-

Assignment – operators can now automatically assign their code rights to another operator without the need to obtain a landowner’s consent or provide payment.

Upgrading and Sharing – operators can upgrade or share their apparatus without the landowner’s consent and without having to pay additional rent.

Security of Tenure – under the old code, operators were able to rely on protection under the Landlord and Tenant Act 1954, meaning that the operator had a right to keep its apparatus on the land at the end of the agreement and the right to a new agreement. However, under the new code, the security of tenure provisions under the Landlord and Tenant Act 1954 have been excluded and the new procedures regarding termination should be followed.

Termination – landowners must now give at least 18 months’ notice to an operator in order to terminate an agreement.

There are now four statutory grounds for termination:-

substantial breaches by the operator of its obligations
persistent delays by the operator in making payment;
landowner’s intention to redevelop all or part of the land or any neighbouring land;
the test under paragraph 21 of the code has not been met by the operator, whereby, the operator must meet the two following conditions:-
that the prejudice caused to the landowner can be adequately compensated by money;
that the public benefit that is likely to be derived from the making of the order outweighs the prejudice to the landowner, bearing in mind the public interest in access to a choice of high quality electronic communications services.

In a leading case, landowners tried to bypass the grounds for termination under the new code. They claimed that they had an intention to redevelop the land by replacing operators’ existing masts with masts of their own. At the First Tier Tribunal, they were asked: ‘Would the landowner intend to carry out its redevelopment project if the operator was not seeking code rights?’

The tribunal decided that even though there was a reasonable prospect of bringing about the redevelopment proposal, the intention to bring it about was not genuine and the project was simply devised in order to prevent rights from being imposed by the operators. An intention of the landowner to redevelop must be something that is ‘firm and settled’.

Removal – a reasonable amount of time must now be given to an operator to remove apparatus. Issues arise when a landowner wishes to exercise a break option, as under the new code, the operator has to allocate both time and money for removal. Developers should consider the extended timescales when it comes to making plans for redevelopment and incorporate the new timescales into the development timetable.

Rental – landowners should be aware that the level of rental paid and any compensation payable by telecoms operators must now be calculated in accordance with the open market value of the land, without the benefit of the telecoms site. Ultimately, this is likely to reduce the achievable rent.

Tees are here to help

We have many specialist lawyers who are based in:

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

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

Landlord and Tenant 1954 Act

Posted on 25 September 201910 July 2025 by Sarah O'Sullivan

A brief overview of the Landlord and Tenant 1954 Act and its practical implications for landlords and tenants.

What is the 1954 Landlord and Tenant Act?

The Landlord and Tenant Act 1954 gives commercial tenants the right to a lease renewal at the end of the contractual term of a lease and the ability to remain in occupation at the property. This provides the tenant with security of tenure. It should be noted that the 1954 Act applies to written and oral tenancy agreements.

What is security of tenure?

Security of tenure benefits the business tenant by securing business continuity. This is because the tenancy will not automatically come to an end and will continue on the same terms under the tenancy until renewed or terminated in accordance with the Act.

Does the 1954 Landlord and Tenant Act cover residential houses?

The Landlord and Tenant Act 1954 only applies to commercial business tenancies, it does not apply to residential tenancies.

How can I get my tenant out of my commercial property?

If you are a landlord, you will only be able to oppose a tenant’s request for a lease renewal on certain grounds which carry strict criteria which must be satisfied.

One of the most frequently used grounds for opposing a lease renewal is Section 30(1)(f) (Ground (f)) of the Landlord and Tenant Act 1954, where the landlord must provide substantial evidence of an intention to redevelop or reconstruct the property. This must be a firm and settled intention, rather than merely an idea. In a leading case the Court said that the landlord must prove its genuine intention to carry out works at the date of the trial, showing evidence such as plans and drawings for the development, financing and a building contract. Each case turns on its own facts.

How can I avoid giving a tenant security of tenure?

It is possible for a lease to be “contracted outside” the 1954 Act, meaning that the tenant will have no right to remain in occupation or renew the lease at the end of the contractual term. The tenant will therefore need to vacate the property or have completed a new lease by the end of the contractual term.

The 1954 Act status of a commercial tenant’s occupation of a property has significate repercussions on both a tenant’s and landlord’s rights at the end of the term of a lease. This status should be carefully considered in terms of business planning, repair obligations and the level of rental applied to any tenancy.

Tees are here to help

We have many specialist lawyers who are based in:

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

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

Defects and rectification: Do contractors have an automatic right to return and remedy defects?

Posted on 20 December 20189 July 2025 by Sarah O'Sullivan

Contractors may be surprised to learn that they do not have the right to return to remedy a defect unless a contract exists between the contractor and the employer which expressly confers the right.

A properly drawn up building contract should contain a defects liability provision which specifies a period during which the contractor is obliged to return to site and remedy any defects that may emerge after practical completion. A typical defects liability period is normally between 6 to 12 months. This affords the contractor a right to receive notice of defects in the stipulated period and to have the opportunity of correcting them at his own expense.

Without an express right to return, the contractor does not have the right to return to the site to rectify defects and the employer is entitled to engage the services of a third party to rectify any defects that emerge after practical completion. However, it is worth noting that an employer who engages a third party to remedy any defects may be criticised for acting unreasonably and failing to mitigate his loss. This is because under common law the employer has a general duty to mitigate its losses before making a claim against the contractor by taking reasonable steps to avoid or reduce them. Therefore, where an employer fails to allow a contractor to return and remedy a defect, any subsequent claim by the employer against the contractor may be limited to amount that it would have cost the contractor to remedy the defect; the costs often being significantly less than that of bringing in new contractors to do so.

The relevant test is whether the employer has failed to act reasonably by refusing the contractor the right to return and remedy the defect. If the contractor’s original work was of a low standard then the employer can argue that it was reasonable to refuse to let the same contractor return to the site.

The position is different where a defect arises and the employer notifies the contractor but contractor fails to rectify it. In this situation the employer may recover the costs of engaging a third party to rectify the defect.

If you have any queries on this article or would like advice on your company’s contractual documentation please contact us.

How to start a business in France

Posted on 8 October 201810 July 2025 by Sarah O'Sullivan

It is possible to start a simple business quickly and cheaply in France. Larger and more complex enterprises may require expert advice to ensure that they are registered correctly and comply with the relevant regulations.

While many of the things you’d do when setting up a business are the same in France as in the UK, for example preparing a business plan and researching your market and competitors, it is often the company structures and business regulations in France that can deter people from setting up their own business there. It is true that France does appear to have a baffling number of processes, but it has in fact been made easier for business start-ups in recent years and many aspects have been simplified.

Here we take a look at the steps to consider:

French legal business structures

There are two types of legal business structure in France:

Sole trader (entreprise individuelle or EI)

If the business you are hoping to set up is small and you do not need any significant funding, it is likely that an entreprise individuelle (EI) will work for you. This is what we would call a sole trader business in the UK. In addition, you can set it up using the business tax status of micro-entrepreneur, which protects your family home from business creditors.

A company (société) such as EURL and SARL

However, if your business requires a loan, is likely to make a loss in the first years, or you are running it with non-family members, then you would be better advised to set up a limited liability company. The most common types are the entreprise unipersonnelle à responsibilité limitée and the société à responsibilité limitée, which are abbreviated to EURL and SARL.

These different structures have a variety of tax implications, i.e. they determine whether you are taxed through your business or your personal income tax. Additionally, there are other types of company for more complex structures, which you would be advised to discuss with an expert in French company law.

It is worth noting that if you are a national of the European Economic Area (EEA), you do not need a residence or work permit to start a business in France.

Registering a business in France

All new businesses in France need to be registered with the authorities, and this is done at a business registration centre known as a centre des formalités des entreprises (CFE). This does the job of notifying all the relevant statutory bodies who need to be aware of your business, such as tax and social security organisations.

You can do this yourself very cheaply if your business is a simple entreprise individuelle, but for more complex business structures, while it is still possible to do it yourself, you are probably better advised to use the services of an avocat (a French lawyer) or an accountant.

Confirmation of your registration usually takes about two weeks, after which you will receive a business identification document, which is called an extrait K for a sole trader or an extrait Kbis for companies. You will also be given a 14-digit business registration number known as your SIRET (the first nine numbers refer to your identity on the national business register, while the last five identify the area in France in which your business is located).

French business classification

There is also a system of classification for all businesses in France that identifies whether your business is a trade, a profession or commercial, or whether you are working as an agent, in agriculture or in the artistic sector. You will need to decide which of these your business falls into when you register the company – if your business falls into two categories, then you should register your principal activity. Your local French chamber of commerce should be able to help you decide on the appropriate category.

French business insurance

Consider taking expert advice regarding your public liability and professional indemnity insurance. While it is not obligatory for all business activities, your business classification will identify what cover is required and premiums can be high.

Finding business premises in France

It is possible to run your business from home in France without any change of use from the planning authorities as long as the property continues to be your home. You may have issues with neighbours, however, and if you are receiving clients or goods to your home address you should apply to your local mairie/préfecture for consent. You should also check your lease if you live in a block of flats, as there may be a clause there which states that commercial activities cannot be carried out on the premises.

Buying business premises in France is fairly straightforward, although you should consider using a legal structure called a société civile immobilière (SCI) as it can offer some financial advantages.

If you buy an existing business and premises, you will be required by French law to respect existing employment contracts. Also remember that France has regulatory requirements for certain types of business, e.g. health and safety if you are considering opening a food-related business.

French business banking and accounting

If you have a separate business in France, you are required to open a business bank account in the same name as the business. You may receive an introduction to a bank when you register your company and it may be necessary to visit the bank in person and to take a copy of your business plan with you. There is likely to be a minimum deposit required and a quarterly charge for your business account.

If you have chosen to trade as an entreprise individuelle, the authorities are usually happy for you to manage the book-keeping yourself, and the same is true if you opt for the micro-entrepreneur tax regime – as long as you keep a book of expenditure and receipts and have this available for possible short-notice inspection.

Although you’ll most likely be willing to do the book-keeping for your new business yourself, it is worth (and this could save you money in the long run) appointing a professional French accountant with commercial expertise, otherwise known as an expert-comptable. They are legally responsible for keeping you informed of changes to the tax laws and for keeping your accounts in good order.

Financial assistance for starting a business in France

A good expert-comptable will also be able to advise you on the best way to access financial assistance for your new start-up. There are many schemes available, and it is worth taking the time to research the one that would be best suited to your business and situation. They will often include tax and social security savings, as well as offering grants or low interest rate loans. The government offers subsidised employment contracts to certain business sectors if you are able to offer jobs to the unemployed, the young or the elderly.

Paying tax in France

How you pay tax will be dependent upon the structure you have chosen for your business, and will either fall under the personal income tax system called impôt sur le revenu or the company tax system known as impôt sur les sociétés.

If you are a sole trader, then you are automatically taxed under the personal income tax system. A limited company in sole ownership can choose to be taxed through either system, while a limited company in joint ownership should be taxed under the company tax system.
Whichever way you pay your tax, you will pay your social security contributions under the régime des travailleurs non salariés (TNS).

Employing staff for your new business

You can find staff via recruitment agencies, newspapers and online much as you would in the UK, or you can use the pôle emploi, which is the national job centre. However, employment law is complicated in France and it is a good idea to contact a specialist French lawyer who will advise you as to whether you have the correct business structure to employ staff. They will also help you to declare your new member of staff to the relevant authority, as well as ensuring that you comply with all other conditions of employment.

Marketing your business

If you are marketing your business in France, i.e. if you are not relying solely on clients from the UK, you must remember to be sensitive to French traditions and protocols. As in the UK, get to know your market and identify appropriate advertising channels. Write all your marketing communications in French and do not presume that you can simply translate any existing materials, which will target the English market, into French.

If you are about to start a business in France and want help at any stage of the process, our French-speaking legal team can give you the straightforward advice you need. The team is led by our French-qualified avocat Herve Blatry, based in our Bishop’s Stortford office, who has extensive experience of conducting business in France and will be able to offer specialised advice and secure you the best results.

Call our French legal team on 01279 322 515 for an initial obligation-free chat, or fill out our enquiry form and we will get in touch.

Home to school transport – Appeals

Posted on 19 April 20189 July 2025 by Sarah O'Sullivan

Your child’s eligibility for home to school transport can have a big impact on which school you choose. Find out about the eligibility criteria for home to school transport.

Criteria for home to school transport

Eligibility for home to school transport is, in the first instance, calculated by walking distance from the school. To be eligible for home to school transport, your child must be attending their nearest suitable school and live at least:

2 miles from the school (for children under the age of 8)
3 miles from the school (for children over the age of 8, up to age 16).

The distance is measured by the nearest available safe route on foot.

When a child lives within walking distance of their school, the Local Authority is not ordinarily expected to provide transport. Although parents may consider the distance is simply too far for their child to walk, the law could differ. Many parents face the difficult prospect of arranging transport themselves.

Local Authorities are obliged to provide transport for children who attend a school outside of walking distance if:

The child attends that school out of necessity (rather than the parent’s choice)
No alternative travel arrangements are suitable.

Is my child eligible for home to school transport?

Some children who are within walking distance of their school may be eligible for home to school transport.

Children who may be eligible for home to school transport include:

Children who have special educational needs, disability or mobility problems (SEND) which mean they cannot reasonably be expected to walk to school (and there are no suitable alternatives to attend school nearer to home);
Children who live within ‘walking distance’ of their school but who could not reasonably be expected to walk due to the nature of the routes available (and there are no suitable alternatives to attend school nearer to home). This is often the case in rural locations, where there may not be a viable safe route for children to take to school;
Children aged 8-11 registered at a school more than two miles from home who are entitled to free school meals (this supersedes the 3-miles rule for children up to 11 years old);
Excluded children who are required to attend a school other than their registered school outside of walking distance;
Children over the age of 11 years old who are entitled to free school meals and who are registered at a qualifying school.

However, there are exceptions to the rule. Even where a child is deemed ‘eligible’ it is important to note that if there are other suitable travel arrangements available, the Local Authority may not be required to provide home to school transport.

Home to school transport appeals

“When choosing a school, the presence of school buses at the gate each day does not automatically mean that your child is entitled to a place on one,” says Polly Kerr, Senior Associate at Tees and specialist education law solicitor. “Schools have a duty to provide transport to eligible children – unfortunately, some children are simply not eligible. School transport can be somewhat of a minefield for parents with potential to cause practical problems. It’s important that parents understand, both when applying for school places and appealing them, when the Local Authority has a duty to provide school transport and when it does not. Understandably, transport provision can have a significant impact on choice of school and the family’s daily routine,” Polly continued.

Polly helps parents who need to appeal allocation of school places and home to school transport. If you need to make an appeal, Polly has the skills and experience to guide you through the process and help secure the best possible result for you and your child.

Call Polly on 03301 355806 or email polly.kerr@teeslaw.com for a confidential chat about your circumstances and how we can help.