The legal rights of unmarried couples living together

Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences between cohabiting and being married. Unlike married couples, unmarried partners don’t have the same legal protections if the relationship ends or one partner passes away.

In this guide, Joshua Coombe, Partner and Family Law Solicitor at Tees, outlines the key legal rights of unmarried couples and how to protect yourself.

What does cohabiting mean?

Cohabiting refers to couples living together without being married or in a civil partnership. While it’s a popular choice, cohabiting couples have fewer legal rights than their married counterparts.

A cohabitation agreement can be a practical step to clarify finances, property rights, and responsibilities in case the relationship ends.

Common law marriage: Myth or reality?

The idea of common law marriage is a widespread misconception. In the UK, common law marriage has not existed since 1753. No matter how long you live together, you won’t acquire the legal rights of a married couple.

Financial rights of unmarried couples

Unmarried couples have no legal financial responsibility towards each other if they separate. Unlike divorce, there is no entitlement to spousal support. However, parents have a financial responsibility for their children, which can be enforced through the Child Maintenance Service.

Parental rights for unmarried parents

  • Mothers automatically have parental responsibility.
  • Fathers only have parental responsibility if they are named on the birth certificate or are married to the mother.
  • Joint registration at birth provides legal rights and responsibilities for both parents.

Property rights for unmarried couples

If a couple breaks up, property ownership is typically determined by whose name is on the title deeds or lease. If one partner contributed financially without being named, they may have a claim under trust law, but this can be legally complex.

A declaration of trust can help avoid disputes by clearly defining ownership rights.

Inheritance rights for unmarried couples

Unmarried couples have no automatic inheritance rights if a partner dies without a will. The deceased’s estate will be distributed according to intestacy laws, which do not recognize unmarried partners.

However, under the Inheritance (Provision for Family and Dependants) Act 1975, a surviving partner may be able to make a claim if they were financially dependent on the deceased.

How to protect yourself as an unmarried couple

To safeguard your interests, consider the following steps:

  • Cohabitation agreement: Clearly set out financial responsibilities and property ownership.
  • Make a will: Ensure your partner is provided for in the event of your death.
  • Life insurance: Provide financial support for your partner if you pass away.
  • Pension review: Check that your pension can be passed to your partner.
  • Tax advice: Unmarried couples do not benefit from the same tax exemptions as married couples. Specialist advice can help you manage this.

Legal reform and the future for cohabiting couples

In August 2022, the House of Commons Women and Equalities Committee recommended significant legal reforms to improve protections for cohabiting couples. While the Government rejected most proposals, the campaign for change continues.

Until reforms are implemented, seeking legal advice and planning for the future is essential for cohabiting couples.

Need legal advice? At Tees, we offer expert advice on cohabitation agreements, wills, property disputes, and parental rights. Contact us today to ensure your rights are protected.

Advice for employers on home working

The expectation for flexible working is becoming more and more in demand.  According to the office for national statistics, more than 8 in 10 workers who had to work from home during the coronavirus pandemic said they planned to do hybrid work.

Government proposals around changing the rules around flexible working requests include reducing the formal content required for a request, day one rights, as opposed to eligibility currently subject to 26 weeks’ service and allowing up to 2 requests a year.  The debate continues around finding arrangements that work for employees and employers and with employers often having to approach how they deal with requests and principles of flexible working, carefully, to reduce the risks of claims and attract and retain good calibre candidates to jobs.

In the current economic climate, businesses may be reassessing their requirements with consideration being given to reducing office space and rental costs, which may result in more companies considering a home-based workforce for the long term.

As we continue to debate what the ‘new normal’ looks like, it is evident that this is something of a moving target with expectations, trends and business requirements seemingly changing quickly.  Against this background, it is worthwhile considering what the legal implications are for employers on some of the key considerations around home working.

Contracts of employment

Many employees will be working under contracts of employment with no specific provision to work from home, and the place of work will most likely be stipulated as the employer’s premises.

Unless there is a written term in the contract of employment permitting home working, employers would need the agreement of the employee in order to insist on home working.  Imposing a unilateral change without the agreement of those affected employees could constitute a breach of the employment contract. What happens in practice, though, may also be relevant, whether that is around the employer and/or an employee wanting to revisit the ‘normal’ place of work and how work is delivered post Covid-19.

It is recommended that employers check the wording of the ‘place of work’ clause in their employment contracts as the wording may include a degree of flexibility in the favour of the employer, which can allow for a change in place of work on a temporary or perhaps even permanent basis.

If the contract contains wording allowing for flexibility and changes then the employer may not be in breach of the terms by enforcing a permanent switch to home working.  Employers should note that it is still important for employers to act reasonably when implementing such a clause, otherwise, they risk breaching mutual trust and confidence –  This is a term implied by law in all employment contracts and breach of it is commonly used in constructive unfair dismissal claims.  It is also worth keeping in mind that terms can become part of the contract by “custom and practice”. If in doubt, employers should seek legal advice on their particular documentation and issues arising.

In any event, employers are well advised to ensure they communicate with staff in advance and where appropriate, consult as well as set aside reasonable time before implementing changes to the place of work to allow employees time to prepare and adjust.

Where consultation is needed on employment contract changes

Where there is no flexibility to the place of work clause the employer will need to adopt a different approach.  Employers will need to discuss the possibility of working from home with employees and consult with them in order to get their agreement to home working along with the necessary change to the terms of their contract. Again, communication is key and a lack of communication is often a key part of disputes arising.

Call our specialist solicitors on 0808 231 1320

Dealing with a refusal to agree to contract changes

If however, employees in this situation maintain a refusal and the employer can demonstrate that:

  • there are good business reasons for switching to a home-working model,
  • it has undertaken appropriate consultation and
  • it has followed a fair procedure;

then it may be possible for an employer to dismiss.

In appropriate circumstances, such dismissals can be considered fair with the employer relying on “Some Other Substantial Reason” as the potentially fair reason to dismiss, provided the employer can demonstrate that the dismissal was reasonable in all the circumstances.

This should be a last resort if there is a failure to agree and the alternatives have been considered.  Such dismissals are subject to due process and bring with them the risk of, amongst other things,  unfair dismissal claims  for eligible employees. Employers who approach such matters without due care will be exposed to claims and again, seeking professional advice early is prudent.

Employers who are faced with this scenario and are looking to dismiss should look to offer those refusing employees re-engagement on the new amended terms, including the homeworking provisions. Consideration should also be given to the numbers of employees affected: if this is 20 or more then collective consultation may need to be undertaken  with potentially severe penalties if the right steps are not followed.

Duties towards employees when working from home

Where employees are working from home, employers should ensure that they are treated in the same manner as all other employees. Home-based employees are entitled to the same rights and benefits as any employee working at the employer’s premises.

An employer has both statutory and common law duties towards its employees and is responsible for an employee’s health and safety, “so far as is reasonably practicable”.  In practice, this means that employers should conduct a suitable risk assessment of all work activities carried out by homeworkers to identify any possible hazards.  Employers will then need to consider these obligations to decide what measures need to be put in place.

Confidentiality and data protection issues when working remotely

In addition to the health and safety aspects of home working, employers will need to consider how to safeguard business confidentiality and data protection requirements with increased chances of breaches taking place when outside of the employer’s premises.

Careful consideration is needed given the potential damage and loss that could be caused through unauthorised breaches, including significant fines that can be imposed by the Information Commissioners Office for breaches of data protection legislation – which has been strengthened since 2018.

It is also key for employers to ensure that they have suitable arrangements in place to help maintain contact with other staff, including office-based and home-workers, in order to limit issues that could arise through increased isolation of working remotely.

Where reasonable adjustments may be necessary

Where an employee has a disability, then consideration should be given to whether the provision of some equipment is required in order for the employer to comply with their duties under the Equality Act 2010 to make reasonable adjustments.

Right to requests for flexible working

It is still the case that employers are not required to agree home working requests from staff.  There is no right to work from home and instead, presently, employees with 26 week’s service have the right to request flexible working arrangements.

Sports Connection Foundation receives Tees Better Future Fund grant

Tees Better Future Fund is very pleased to announce that the Sports Connection Foundation in Essex is the second community project to receive a Tees Better Future Fund Grant.

Sports Connections Foundation uses the power of sport to inspire, empower, educate and transform the lives of children and young people.

Founded 12 years ago by ex-professional footballer Junior McDougald, Sports Connections Foundation now uses 4 different distinct programmes to transform the lives of disadvantaged children:

  • Sporting Wishes – special sporting memories for children with life-limiting conditions.
  • ProKick Schools Challenge – providing Primary Schools with a football-related, sponsored activity which raises awareness of less fortunate children in the world and promotes physical activity.
  • Inspire Through Sport International – provides funding and vital educational resources to an impoverished orphanage and a nursery in Burkina Faso, Africa.
  • Inspire Through Sport – provides sport inspired youth work and sports camps with additional enrichment activities and coaching and mentoring for children and young people referred to SCF as being disadvantaged in some way.

These programmes have helped over 550,000 children so far and the number continues to grow every day.

Through their connections and partnerships, SCF gives young people, from a range of different backgrounds, access to Industry Professionals, Mentors & SCF Ambassadors who will help to develop skills, build self-esteem and confidence, and raise aspirations and help to create role models for the next generation.

The £5000 grant from Tees will help fund a new ‘Inspire Through Sport’ project to provide mentoring sessions, positive play and therapeutic intervention, Theme Positive Activity and a school holiday programme to 30 children who are facing the challenge of poor mental health, social isolation and economic deprivation. These children, it is feared, may struggle in the transition from primary school to secondary school.

Thirty children will be picked from across three different schools in the Primary Schools of the Cresco Multi-Academy Trust – Great Berry, Janet Duke and Noak Bridge Primary Schools in Basildon in Essex.

SCF Youth Workers will lead 1-1 sessions and small group sessions with youth workers in early 2023. From these sessions, SCF Youth Workers will be able to identify personal growth goals for each child and over the sessions will work with the child to communicate and express their emotions healthily and build resilience and self-confidence, assisting their mental health and contributing positively to improving their quality of life.

All 30 children will be offered an enrichment activity – a trip to an event or venue which they have helped to choose.  This will provide them with the opportunity to mix with others that they would otherwise not have met and an experience that they otherwise would not have been able to access.

The conclusion of the project will be a combined summer camp at the secondary school that the children will most likely progress to. They will be able to focus on group sports, team building and personal development. They will be provided with food and drinks to help alleviate pressure on the families during the camps.

Executive Partner and Co-chair of the Tees Better Future Fund, Janine Collier commented “We were inspired by the vision that Sports Connection Foundation had for the Inspire Through Sport Project- the vision to use sport to engage and inspire disadvantaged children to help them make that transition from primary school to secondary school.  This is such a key time in any child’s development, we hope that supporting those who may otherwise struggle through this time will raise confidence, build skills and enable them to thrive, not just survive in the transition.  The project also increases access to sports and exercise for children and will help improve physical and mental health through activity.

We are looking forward to getting to know the children involved in the programme and to hearing how this project has helped shape the way they approach the challenges that they face, their progress at school and, their mental and physical wellbeing.

Buying a listed building

Many buildings in England that were built before the Victorian era, are listed buildings, so it’s not that unusual to find yourself considering buying one. Before you take the plunge, read our guide covering what you need to know about owning a listed building.

Listed buildings are protected by law

This means owners need listed-building consent and planning consent for changes, even minor changes – and that applies to the inside, as well as the exterior. If you don’t get listed building consent before starting work, it’s a criminal, rather than a civil, offence! While this extra red tape shouldn’t put you off buying a listed building, you need to be aware of the challenges and potential extra costs involved before buying.

Additional challenges that buying a listed building brings:

  • getting permission from the local authority for any changes to the building can take a long time to organise
  • buying specialist insurance
  • additional costs to run the building and repair it, using specialist builders and specialist materials
  • modern adaptations, such as energy efficient changes like insulation or double-glazing, may not be allowed.

What is a Listed Building?

A listed building is one with special historical or architectural interest. It’s protected by the Planning (Listed Buildings and Conservation Areas) Act 1990). They are listed to preserve their special features for future generations of people to enjoy, protecting them from changes, which could damage the building, or are not ‘in-keeping’. In most cases, this covers the whole building (inside and out) plus structures attached to the building, including modern extensions. It can also include outbuildings and garden features.

Generally, listed buildings are from the 19th century or before. England has a good quantity of very old buildings and most of the ones built before 1700, that are still in the original state, are listed. Modern buildings can be listed if they are an example from a famous architect or a good example of a specific style or building technique.

Listed status is granted by the government (the department for Digital, Culture, Media and Sport) on recommendation from an independent panel of experts such as Historic England. There are approximately 400,000 listed properties in England, with three grades:

  • Grade I (2.5% of listed buildings) – buildings of exceptional interest
  • Grade II* (5.5% of listed buildings) – buildings of particular importance
  • Grade II (92% of listed buildings) – buildings of special architectural or historic interest warranting every effort to preserve them.

The different grades carry different limitations so if you’re thinking of buying the building, it’s vital that you know which grade it falls into.  Most Grade 1 buildings are owned by the government or major organisations so you will most likely be looking at Grade 2* or Grade 2.

Buying a Listed Building – a checklist of what to do

Although the buying process is the same, you will have different and multiple obligations even if you own the freehold. Never make any assumptions about what you will be able to change. Ask an expert before you buy the property.

  • Find a listed building expert  – the Historic England website has a guide to experts.
  • Do a listed building map search if you’re viewing older properties (1900 and before) that aren’t advertised as being listed, just to make sure.
  • Understand why it was listed. The National Heritage List for England will give you the date it was listed, the grade and a description of the listed building, along with the explanation as to why it was listed and the details of the restrictions which helps you understand what you won’t likely be able to change.
  • Gather all the details together and make sure they’re accurate before you buy the property because you won’t be allowed to change the elements that are listed. Take particular care with extensions – the restrictions may well cover an extension as well.
  • Get a specialist survey – do not skip this step! Consult with the specialist surveyor who’ll be knowledgeable about construction materials, period features, points of historical interest – their survey report will be very helpful.
  • make sure you have evidence of previous consent to carry out building work. If the previous people didn’t get this, and you buy the property, it will be up to you to fix any errors; this could be extremely expensive.
  • Find out if you can get a grant from organisations like Historic England to help pay for repairs. Research grants to find out more about your building may also be available.

What does the local conservation officer do?

You need to make a friend of this person! They will:

  • tell you what you can and can’t alter – you will need consent from them
  • help you check the planning history to see if there has been any subsequent documentation and crucially whether any unapproved changes were made in the past. If you buy the house, you could be liable for putting those right.
  • explain the process which includes consultations prior to the submission, to help make it more likely you will get consent.
  • help you with the large amount of detail needed, which is far more than for a planning application.

Planning a listed building renovation

You must get consent for everything. Don’t be tempted to leave some things out of your application.  Take care over ‘like-for-like’ changes, for example roof tiles and windows, as the rules are complex. You may need to apply separately for every change, for example, a new conservatory, new roof space, swimming pool. Remember the process isn’t fast, so leave plenty of time.

The purpose of listed status is to preserve the building. Kitchens and bathrooms apart, you may struggle to get permission for changes. The planning experts will probably be more keen on changes that bring the building back to how it was in years gone by, when it was first built.

Talk at an early stage to the experts: tradespeople, traditional craftspeople and specialist architects. Listen to their advice because they will have done this many times and their advice will likely save you time and money.

If you get the go ahead, you’ll have to pay a listed building consent fee, the cost of which depends on the scale of your renovations.

Modifying a listed building

You will be allowed to change some things and in fact some changes may be necessary to keep it watertight and in good repair. Common modifications for which you should get consent include:

  • new roof: take particular care with the style and materials used for roof tiles.
  • internal layout: altering floorplans by taking down internal walls or remove internal features; even though they are inside.
  • extensions: these are more likely to get the go ahead if they are smaller than the original building and/or if it’s in the same style, using similar materials.
  • windows: these have a major impact on the overall look of the building so replacing windows with similar traditional materials tends to get approval more easily. Double glazing can be a problem because it often doesn’t look in keeping, but there are alternatives such as secondary glazing leaving the original windows in place.
  • period features: fireplaces, cornicing, tiles, floorboards, windows – these sorts of features are likely to need preserving, whether or not you are particularly fond of them.
  • decorating: your personal taste does not have free rein! You may have to use certain paints or colours or styles to maintain the building’s character. Existing decor, if it contributes to the specialness of the building, will have to stay and be preserved.
  • exposing brickwork or timber: revealing the building’s original features also needs consent.

 

Older buildings can be in poor condition

Due to their age, even if they have been looked after, old buildings struggle to compete with modern houses when it comes to things like energy efficiency and keeping out the cold. Four things to look out for when assessing your prospective new home are:

  • Damp: many older buildings have it because they were built differently; they were built to ‘breathe’ and not built to be airtight. Make sure the roof at least is sound.
  • Plumbing: poor plumbing will be common and getting that sorted should be a priority to avoid disasters like burst pipes.
  • Electrics: similar to plumbing, the electrics could be ancient and therefore dangerous. The building regulations on electrics are strict and it’s likely you will need to spend money here. Poor electrics and timber-framed or thatched houses are not a good mix, so you’ll need budget to get the wiring done first.
  • Draughts: you’re unlikely to win any energy efficiency awards.  Ill-fitting windows, gaps in floorboards and poor or non-existent insulation all make for a chilly house. Getting that stuff fixed will all need consent.

Listed building insurance

You will need more than a standard policy. Get a specialist insurance policy that does the following:

  • takes into account the higher cost of specialist tradespeople
  • covers you for any unauthorised changes that were made by previous owners that may come to light. You will be liable for those even though there were nothing to do with you
  • covers the elevated costs of rebuilding in the event of a disaster such as a fire. Organisations such as English Heritage will want it returned to its original state and what that costs is not their worry!

While your insurance policy may be more costly than for a three-bed semi, the peace of mind it brings will be invaluable.

Should I buy a listed building?

Don’t let listed status put you off.  If you go ahead, you will become the owners of a beautiful home that stands out from the crowd, is brimming with character and will likely retain its value well, all other things considered. Just make sure you take care with every detailed step. Having an expert conveyancer on your side is always a good idea, so you can rest easy knowing nothing has been overlooked.

New academy at Tees Financial launches with first two participants

Tees Financial has launched a new adviser academy, to train aspiring Financial Advisers. ‘The Academy at Tees Financial Limited’ has enrolled its first two participants, who will follow a structured two-year apprenticeship programme that combines studying for the CII’s Diploma in Financial Advice, with hands on experience of the day-to-day role of a financial adviser.

As well as studying for their Level 4 Financial Adviser exams, the Academy participants will learn on the job, shadowing experienced Tees financial advisers. The programme will provide participants with key objectives to take away from every stage and gives a broad experience of the different roles across the whole of the Firm.

James Appleby, Managing Director of Tees Financial Ltd, commented “The Academy at Tees Financial Ltd is a key part of our long term growth strategy, and we’re proud to be investing in young talented individuals who represent the future of financial advice.

People person

Percy Sam is one of the Academy’s new recruits. He studied Industrial Design at Bournemouth University, graduating with a master’s degree in 2020. Soon after, he started a full-time office role with Tees Financial Ltd in the Bishop’s Stortford office.

A self-proclaimed “people person”, it didn’t take him long to get to know everyone by name. In November 2021, he saw an advert for the Academy and, encouraged by his colleagues, applied.

Before his interview, he talked to as many Financial Advisers as possible in order to understand the role and whether he really wanted to do it. “I want to help people” Percy says. “Managing your finances isn’t something they teach very well at school”.

Supportive environment

Having successfully passed the application process, Percy started his two-year journey in September 2022. The first month has been “exciting”, he says. “There’s not enough hours in the day!

As well as getting used to the course structure and “financial services jargon”, he has started studying through the online learning course. He’s particularly excited to start shadowing advisers: “You get to learn whilst on the job and you get to see how it all works in practice as well as theory”.

Tees is such an amazing place to work” he adds. Experienced advisers are “open and interested to talk about what they do”, which creates a “very supportive” learning environment.

Fitness to finance

Guy Pearson, who studied Exercise, Nutrition and Health at Nottingham Trent University, is also the Academy’s new recruit.

After graduating in 2018, he set up as a Personal Trainer, before the pandemic disrupted his business and prompted him to change career paths. “There are actually a lot of similarities between personal training and Financial Advice” Guy notes. “Both are, fundamentally, about assessing someone’s current situation, finding out where they want to be and planning how they’re going to get there.

In 2021, Guy joined a large advisory firm but felt that the programme lacked the support and resources needed to study for the Financial Adviser exams. That was when he decided to apply to the Academy at Tees Financial Ltd.

Structure and support

Guy was drawn to the structured approach of the Academy, which allows him to combine a carefully planned study schedule with on-the-job work experience. Tees provides all the support and resources needed for them to excel in the Financial Adviser exams, as well as abundant opportunities to learn from experienced advisers.

Having started in August 2022, he has already begun shadowing advisers. “It’s a great way to gain first-hand experience of the work” he says. “For four days a week, I get to shadow financial advisers, then one day a week I’m following the structured online learning.

He appreciates the certainty of having the whole pathway mapped out in front of him, as well as knowing that, after two years, he will be a fully qualified Financial Adviser, with abundant work experience to boot.

Role models

The common factor between Percy and Guy is that neither of them expected to end up where they are now.

The Academy at Tees Financial Ltd offers an opportunity to become a qualified Financial Adviser in two years” says James Appleby. “We’re looking for candidates with the right attitude and aptitude, regardless of past experience.

It wasn’t even on my radar” Percy admits. “I knew nothing about financial advising before joining Tees!” Having found his calling now, Percy is ambitious: he wants to become a Level 7 Financial Adviser. “I’ve always wanted to keep progressing” he says. “My goal is one day to match the experience and knowledge of the Tees Financial Advisers.

Community impact

The Academy at Tees Financial Ltd is a rolling programme, which will welcome one or two new recruits each year. Part of Tees Financial Ltd’s longer-term growth strategy.

We have a highly professional and experienced team of financial advisers at Tees and The Academy is a chance for them to share their wealth of knowledge with people at the start of their careers” says James Appleby.

The Times’ Best Law Firms 2023

Tees Law has been named for the first time in the prestigious ‘The Times Best Law Firms’.

Now in its fifth year, the list recognises the most highly regarded law firms as recommended by legal professionals. Statista, an international market research firm, conducted surveys among thousands of lawyers and used their responses to identify the leading 250 law firms in England & Wales, and the top 40 in Scotland.

Tees was commended for the Private Client- Inheritance and Succession Planning work.

Group Managing Partner Ashton Hunt said “Our inclusion in The Times list acknowledges our expertise and market-leading client experience. Our significant talent across our firm and a consistent commitment to excellence allows us to provide the best possible service to our clients.”

You can see the full list here (Best Law Firms 2023 in cooperation with Statista | The Times)

Tees announce Total Arts project as their first Better Future Fund grant recipient

The Tees Better Future Fund was setup in May 2022 to offer grants up to £5,000 for projects that support learning and education and promoting good health and well-being in Cambridgeshire, Essex and Hertfordshire.

We have now completed the first round of applications and we are very pleased to announce that one of the first two community projects to receive a Tees Better Future Fund Grant is the Total Arts project at The Cambridge Junction.

Cambridge Junction is a registered Charity whose objectives include: promoting, maintaining, improving and advancing the education of the public (in particular younger people in Cambridge) in the appreciation of and participation in the arts; and relieving poverty, sickness and distress among young people.

Cambridge Junction’s Total Arts programme has been running for 12 years and focuses on providing creative learning opportunities to young disabled people. It provides opportunities for 13- 25-year-old’s with a range of physical and learning disabilities to develop their skills at their performing arts groups. Participants can explore their passions for the arts, learn new skills and make films. As their confidence has grown some are now ready to take on leadership roles and share their skills with the next generation of disabled young people. Total Arts ‘graduates’ are excellent role models, exemplifying how young people with complex needs can grow their skills and play a valuable role in sharing their expertise.

A £5,000 grant from the Better Future Fund will fund an expansion of the Total Arts programme so that ‘graduate’ trainers work alongside an art producer and a filmmaker to work with young people from Castle SEN School (on Courtney Way) and the new autism specialist Cavendish School (in Impington).  It will also enable both the Castle SEN school and the Cavendish specialist school pupils to attend a professional arts venue and performance, experiencing the magic of live theatre.

The project will start with attendance at The Nutcracker, Cambridge Junction’s inclusive Christmas show, created by Moxie Brawl’s company of disabled and non-disabled artists. This will be followed by a tailored workshop and film making sessions in the Spring.  The workshops will include some skills building around basic story-telling skills, devising and scripting scenes and shooting and creating a film.  The films created will be celebrated next summer at the Total Arts Film Festival.

The support from the Better Future Fund will allow for inter-generational skills development for both the Total Arts ‘graduates’ as they become trainers, as well as the pupils from these schools.   The trainers receive paid work and experience and the pupils are helped to imagine how they might develop their interests in a realistic and meaningful way.

Janine Collier, Co-Head of Tees’ Social Responsibility, said, “the Cambridge Junction is a charity embedded within our community just like Tees. I love the vision that the Junction has for the extension of the Total Arts programme – it is inter-generational and sustainable, creating opportunities for young people with complex needs to build skills, increase in conference and improve mental health and well-being as they explore their passion for creative arts.  We look forward to partnering with the Junction over the forthcoming months, to hearing the lived experience of the participants and to seeing lives changed”.

Caroline Andrews reflects after speaking at AEPOCS conference

Caroline Andrews, a Fertility Law Solicitor, was invited by the Androgen Excess and Polycystic Ovary Syndrome Society (AEPCOS) to speak on behalf of Verity, a national charity for PCOS, at their annual conference in California, USA. She attended in her role as a volunteer trustee.

At the conference, Caroline emphasised the importance of providing comprehensive support to patients with fertility-affecting conditions. Beyond medical interventions, she highlighted the need for emotional and legal support in an increasingly complex world.

Reflecting on her experience, Caroline noted the stark differences between Fertility Law in the USA and in England and Wales. She shared her insights on fertility treatment and surrogacy practices across these jurisdictions.

Caroline’s perspective on fertility law differences

“It was fascinating to observe how fertility treatment and surrogacy laws differ in the USA compared to here.

In some US states, anti-abortion laws have led to embryos being granted ‘personhood rights.’ This legal shift has significant implications for IVF procedures. In contrast, England and Wales are governed by the Human Fertilisation and Embryology Authority (HFEA), which provides clear regulations on the storage and use of embryos. Hearing firsthand from American women about the impact of Roe v Wade’s repeal was deeply moving.

In July this year, an amendment to the HFEA Act 2008 extended the storage period for embryos, sperm, and eggs to 55 years, subject to the consent of both parties every ten years. Cases in England have debated what constitutes valid consent, particularly when one party passes away. A notable contrast is the USA, where legal disputes like the high-profile case of Sofia Vergara and her ex-partner have brought these issues to light. With more people considering the freezing of eggs, sperm, or embryos, understanding both the medical and legal implications is essential.

Some US states have introduced laws requiring medical insurance to cover certain fertility treatments, helping mitigate the significant costs involved. Meanwhile, in England, the Competition and Markets Authority (CMA) released a report in September 2022, highlighting compliance issues in fertility clinics and concerns about unexpected additional costs. This report is a valuable resource for anyone considering fertility treatment.

Surrogacy law: An international perspective

Regarding surrogacy, the legal framework in England and Wales is often viewed as outdated. The surrogate remains the legal parent until a parental order is granted post-birth. Although the Law Commission has proposed changes to modernise surrogacy law, implementation remains a distant prospect. As a result, some individuals pursue international surrogacy, but they must be cautious about the varying legal restrictions across US states and in England.

A final thought

As a patient representative in my spare time, I’m acutely aware of the emotional, physical, and financial toll of fertility treatment. However, as a family lawyer, I believe it’s equally important for people to consider the legal implications of their choices. How these laws will evolve remains to be seen.”

Stay tuned for a video link to Caroline’s full presentation.

NFU confirms appointment of its legal panel firms in East Anglia

The NFU has confirmed the outcome of its 2022 review of legal panel firms, with two firms reappointed to the panel in East Anglia.

Tees and HCR Hewitsons have been reappointed after a review that assessed the firms’ legal services, engagement with the organisation and its members, as well as feedback from NFU members and staff.

NFU director of policy Andrew Clark said: “The legal panel is an important feature of the NFU’s legal services offering to our members and I am delighted to confirm the reappointments.

The NFU’s panel firms are committed to supporting NFU members and have clearly strengthened their agricultural and rural teams over the past few years. Their broad expertise is highly valued by our in-house legal team and NFU members.

Tees has been reappointed to help members farming in Essex, Hertfordshire and Suffolk. Partner Caroline Metcalf said: “We are pleased to have been selected to be on the NFU legal panel again. Being selected really demonstrates Tees’ depth of legal knowledge and expertise in agricultural and rural issues.

The firms appointed to the legal panel offer a comprehensive legal service encompassing all areas of law relevant to farming and growing, including succession planning, diversification, renewable energy, dispute resolution, planning, probate, family and conveyancing. In the latest financial year, the panel offered a total discount of over £500,000 to NFU members.

NFU legal board chair Nick Hamer said: “The aftermath of Brexit and the Covid-19 pandemic created several challenges for farming and growing businesses”

We are entering a period of transition for the industry and this undoubtedly puts the legal panel in high demand, providing expert advice to NFU members on a wide range of legal matters.

BBC News – Peterborough City Hospital: Ex-doctor warned over treatment withdrawal

Dr Andrew Gregg worked at Peterborough City Hospital, where 41-year-old Simon Scott died in January 2016. A misconduct panel found Dr Gregg “failed to adequately consult with any clinical colleagues regarding [the] decision to withdraw active treatment”.

Speaking on behalf of Mr Scott’s family, Tim Deeming from Tees Law said: “They are incredibly disappointed by the outcome and hope that the coroner’s inquest in due course will be a full, frank and fearless investigation into all of the circumstances.”

Read the full article; Peterborough City Hospital: Ex-doctor warned over treatment withdrawal.

Can schools ban sausage rolls? Understanding healthy eating policies in schools

A primary school in Bradford found itself under fire from some parents who have called the school’s new healthy eating policy “ridiculous.”

The school banned items such as sausage rolls, pork pies and squash from packed lunch boxes in a bid to encourage healthy living at an early age. The policy is a whole school policy impacting on all pupils who attend. But it does raise the question, can schools really dictate what children eat during the day?

Tees’ Polly Kerr is an education lawyer advising parents on education matters such as: exclusions, appeals, special education needs and education health and care plans. In this article, Polly explains more about lunchbox rules.

In January 2015, the government introduced a new set of rules and regulations, which governed the type of foods that schools could provide to pupils during the school day and it became the responsibility of the school to ensure that they met (and continue to meet) the School Food Standards practical guide updated May 22. These include the following:

  • 1 or more portions of vegetables or salad as an accompaniment every day
  • at least 3 different fruits, and 3 different vegetables each week
  • an emphasis on wholegrain foods in place of refined carbohydrates
  • an emphasis on making water the drink of choice:
  • limiting fruit juice portions to 150mls
  • restricting the amount of added sugars or honey in other drinks to 5%
  • no more than 2 portions a week of food that has been deep fried, batter coated, or breadcrumb coated
  • no more than 2 portions of food which include pastry each week

Interestingly the School Food Standards regulations do not apply to academies established between September 2010 and June 2014 but it is recommended that they be used as a guide and adopted voluntarily by these schools.

There are some exceptions to these rules, such as parties or celebrations, fund-raising events, rewards for achievement or good behaviour, food used for teaching food preparation or cookery skills and on an occasional basis by parents or pupils. So the odd chocolate bar for celebrating a classmate’s birthday is not prohibited by the regulations.

Schools in England must also provide free drinking water to all pupils at all times whilst they are in school and are prohibited from selling drinks with added sugar, chocolate or sweets in vending machines.

Whilst the government have tightened the rules around food supplied by a school in a bid to make children healthier, packed lunches brought in from home are not caught by the regulations.

However, schools are allowed to set their own policies regarding the types of food consumed on their premises during the school day and, provided that the policies implemented by the schools do not breach the school’s obligations under the Equality Act 2010 or any other relevant legislation, schools are free to determine what their pupils bring to school to eat during the day and, if their policies allow, to confiscate or challenge the inclusion of prohibited items within packed lunches.

This article was originally published in November 2017 in Salad Days (http://www.saladdaysmag.uk/).

To check if your child can get free school meals in England and apply to your local authority website – visit Gov.uk

Ideas for your child’s packed lunch:

Divorce financial settlements: Your comprehensive guide

Navigating the financial aspects of a divorce can be overwhelming. One of the most important steps is reaching a fair financial settlement, ensuring both parties can move forward independently. While every divorce is unique, this guide outlines how settlements are typically decided, the factors that influence them, and how you can protect your financial future.

What is a divorce financial settlement?

A divorce financial settlement is an agreement between you and your spouse on how to divide your assets, debts, and finances after separation. Once approved by a court through a consent order, it becomes legally binding, preventing future claims.

How to achieve a fair financial dettlement

Step 1: List and value your assets

Create a comprehensive list of all your assets and debts. This may include:

  • Property: Family homes, rental properties, and vacation homes
  • Savings and investments: Bank accounts, pensions, stocks, and shares
  • Personal belongings: Vehicles, jewelry, and artwork
  • Business interests: Companies, partnerships, or self-employment assets
  • Debts: Mortgages, loans, credit card balances
Step 2: Consider mediation or legal assistance

For amicable divorces, mediation can help you negotiate directly. For more complex cases, hiring an experienced divorce solicitor can ensure your interests are protected. Courts are typically a last resort when agreements cannot be reached.

Factors influencing asset division

Courts aim for a fair division of assets, but this does not always mean a 50/50 split. Key factors include:

  • Children’s needs: The welfare of any children is a top priority.
  • Length of marriage: Longer marriages often lead to more equal divisions.
  • Income and earning capacity: Future earning potential may be considered.
  • Health and age: Medical conditions may influence financial support needs.
  • Standard of living: Courts may seek to maintain a similar standard of living.
Understanding matrimonial vs. non-matrimonial assets
  • Matrimonial assets: Acquired during the marriage or through joint efforts (e.g., family homes, pensions, joint savings).
  • Non-matrimonial assets: Usually acquired before or after marriage or through inheritance. These may be excluded from the settlement unless required to meet needs.
Addressing common questions

1.Will my partner receive half of my assets?

Not necessarily. Courts aim for fairness, which may involve unequal divisions depending on needs, contributions, and other circumstances.

2.What happens to my pension?

Pensions are often included in settlements through a Pension Sharing Order, giving one spouse a percentage of the other’s pension.

3. Who is responsible for debts?

Debts incurred during the marriage are generally shared. However, personal debts may remain the responsibility of the individual.

4. What if my partner hides assets?

If asset concealment is suspected, courts can investigate and impose penalties. A financial expert can assist in uncovering hidden funds.

5. Is my inheritance at risk?

Inheritances are often excluded from settlements, especially if received post-separation. However, they may be considered if needed to meet financial obligations.

Finalising your divorce settlement

Once you reach an agreement, a solicitor can draft a Consent Order to submit to the court for approval. This legally binding document ensures financial closure.

If agreement cannot be reached, the court will make a ruling based on the specific circumstances of your case.

Need expert legal support?

Navigating financial settlements can be complex. Seeking guidance from our experienced divorce solicitor can provide clarity and ensure your interests are protected. Contact us today for a confidential consultation.