Sarah O'Sullivan, Author at Tees Law

HMRC changes in processing option to tax form

Posted on 27 January 202330 March 2025 by Sarah O'Sullivan

From 1 February 2023, HM Revenue and Customs (HMRC) will no longer confirm the existence of an option to tax when requested to do so by property owners or solicitors, except in specific circumstances. These circumstances are limited to where the option to tax was likely to have been notified more than 6 years ago or if the enquiry is from an appointed receiver or insolvency practitioner administering the property in question.

In addition, HMRC will no longer issue option to tax acknowledgement letters once an option to tax has been notified. Property owners will therefore need to keep a record of the notification of their option to tax and we strongly recommend that all notifications are sent to HMRC via email to: optiontotaxnationalunit@hmrc.gov.uk. The email should include in the subject line the full property address and the effective date of the option to tax. This is because an automated response to the email will be received, which can be used as evidence that the option to tax has been notified to HMRC. Property owners and businesses are currently required to keep their VAT records, including options to tax, for six years, however, we advise that these records will now need to be kept throughout the ownership of the property in question to ensure that the correct tax treatment is applied on a sale or lease.

You can read more about the changes on the Goverment website here.

What happens on completion day?

Posted on 26 January 202321 May 2025 by Sarah O'Sullivan

The day of completion is the final step in the house buying and selling process. It is the pre-arranged date when the financial and legal formalities are concluded, and the ownership of the property is transferred from the seller to the buyer.

On the day of completion, the following steps typically take place:

The buyers’ solicitor will transfer the funds to the sellers’ solicitor.
Once the funds have been received, the seller’s solicitor will contact the buyer’s solicitor to confirm that the funds have been received and will confirm to the estate agents that the keys can be handed to the buyers.
The seller’s solicitor will then send the deeds of the property to the buyer’s solicitor.
The buyer’s solicitor will check the deeds to ensure they are in order and that the property has been legally transferred to the buyer. They will then apply for the title to be amended at the land registry.

The buyer is responsible for arranging the connection of utilities, registering with the local council and other services required at the new property. All of this should be completed from the date of completion. The buyer will normally be responsible for the building’s insurance from the date of exchange rather than completion. Your solicitor will make you aware of this at the appropriate time in the process.

The completion date is the date the buyer takes possession of the property and will have been agreed on by both parties in the sale contract. However, on occasion, the completion process may be subject to delays or complications, and it’s always advisable to work with a reputable solicitor and estate agent to ensure a smooth and efficient process.

Answers to common questions about the day of completion day:

What do conveyancing solicitors check on completion day?

Your conveyancing solicitor will handle the legality of transferring the funds, confirming the transaction has been completed, dealing with all the paperwork and deeds, and (if you’re the seller) redeeming or discharging any mortgage secured against the property.

Prior to completion, the buyer’s conveyancing solicitor will check all mortgage conditions have been met and request the money from the lender.
The seller’s solicitors will request a redemption statement (calculated to the day of completion) if there’s a mortgage on the seller’s property.
For the buyer to become the new registered owner of the property, the transfer deed must be signed by the seller (and also sometimes the buyer). This is usually prepared in advance prior to the completion day.
Conveyancing solicitors on each side create completion statements of all payments made and received and set out any invoices to be paid on completion.
On completion day both solicitors make final checks, and then the buyer’s solicitor will transfer the purchase money via the CHAPS banking system to the seller. For more information on CHAPS, visit the Bank of England website.
Once the signed transfer deed and any other deeds are received, the buyer’s solicitor will complete and submit a transfer form to the Land Registry. This enables the transfer of ownership from the seller to the buyer.
Once the seller’s solicitor has received the funds, they’ll confirm completion with the buyer and release the keys from the estate agent. They also ensure specific charges are paid, including the seller’s estate agent fees.
The buyer will be notified of the completion they can then move into the property.

What can go wrong on completion day?

On completion day, there are several potential issues that may arise, which could delay or disrupt the process of transferring ownership of a property. One potential issue is a delay in the transfer of funds from the lender to the solicitor and between solicitors in the chain of the sale. These delays may occur due to fraud checks, technical difficulties or a lack of sufficient funds. It’s essential to ensure that all outstanding bills and fees, including stamp duty land tax, if applicable, are settled before completion day to avoid any issues.

There may also be delays with the seller vacating the property on time. It’s important to confirm with your removal company the time of their arrival and be prepared for how long it will take to move your belongings. To minimize disruptions, it’s recommended to do as much packing as possible before completion day.

What time do you normally get the keys on completion day?

The time that keys are handed over on completion day can vary depending on the specific circumstances of the sale. Typically, keys are handed over to the buyer once the funds have been transferred and the legal paperwork has been completed. The exact time of key handover will be agreed upon by the buyer and the seller, and it’s usually coordinated through their solicitors or estate agents.

Usually, the keys are handed over in the afternoon, between 12:00 pm and 4:00 pm, but it can vary. The buyer and the seller can agree on a specific time and date to hand over the keys, based on their availability and the time they need to move out of and into the property.

If the completion process is subject to any delays or complications the keys may be handed over later than expected. Therefore, it’s always advisable to have a plan B. Open communication with the seller and your solicitor can help avoid these delays.

Should I call my solicitor on completion day?

Your solicitor will call you when completion has happened. However, it’s a good idea to contact your solicitor on completion day to confirm that the process is proceeding as planned and that all necessary paperwork has been completed. They can also advise you on any final steps that may need to be taken and answer any questions you may have about the property transfer.

In summary, on completion day, you need to make sure the funds are transferred, legal paperwork is completed, arrange for utilities to be connected, register with the local council and other service providers, collect keys, and move into your new property.

Tees Wealth Management listed in Citywire New Model Adviser Top 100

Posted on 9 January 202330 March 2025 by Sarah O'Sullivan

We are proud to announce that our wealth team at Tees has been recognised by Citywire’s New Model Adviser as a Top 100 financial planning firm in 2022.

New Model Adviser is a prominent industry publication and its Top 100 honours the best of the financial planning community, recognising advice firms across the UK who are leading the way in the industry and providing exceptional Client service. As one of the top 100 financial planning firms in the UK, we have been widely praised by our clients, and through our team of experienced professional advisers, we help our clients to realise their financial goals, objectives and dreams, through our bespoke financial planning service.

James Appleby, commented “We are delighted to be named in the New Model Adviser Top 100. This acknowledgment recognises Tees’ commitment to our clients and the communities in which we operate, as well as the high level of professionalism, dedication and client focus demonstrated by the advice team.“

Brain injury at birth negligence claims

Posted on 29 December 202218 May 2025 by Sarah O'Sullivan

It is very rare for babies to suffer a serious brain injury at birth. However, the effects can be absolutely devastating and lifelong for babies and their families.

Some signs and symptoms of brain damage can be detected shortly after birth. However, this is not always so and some symptoms may not be apparent until several years later.

Medical negligence claims – baby brain injury due to midwife or doctor negligence

Sometimes, basic errors in care during an otherwise routine pregnancy and labour can, unfortunately, cause or contribute to a devastating birth injury. If the way your baby’s birth was managed caused a brain injury, you may be able to make a claim on behalf of your child to secure financial compensation for their future needs. Research carried out by the Royal College of Obstetricians and Gynaecologists (RCOG) shows that 854 babies suffered a severe brain injury in 2015. Of these babies, 76% might have had a different outcome with better care.

The 2021/22 HSIB Maternity Investigation Report highlighted problems with the inconsistency in guidance across the NHS, and in some areas, a complete lack of any guidance at all. This has led to inconsistency in maternity care across England. Guidelines should protect the health of the mother and baby, and ensure that any problems are detected at an early stage. They cover, for example:

what an initial assessment of the woman should include
the frequency of maternal observations (blood, temperature and pulse)
how the baby’s heart rate should be monitored and how to interpret the results
how frequently vaginal examinations should be performed
the use of pain relief
what should be done if things are not progressing as they might
interventions that may be taken to help deliver the baby.

Doctors and midwives are only human, but unfortunately, when they make mistakes there can be devastating consequences for babies and their families. Sometimes, medical professionals fail to follow the right procedures during labour. For example, any untoward changes in the baby’s heart rate, could suggest that the baby is in distress and, depending on the level of concern, may mandate an expedited delivery. If a caregiver fails to correctly interpret the baby’s heart rate and delivery is delayed, this may mean that the baby has been starved of oxygen for longer than should have been the case and that this has caused brain damage.

Examples of mismanagement after birth may include:

poor management of resuscitation shortly after birth
a failure to treat jaundice
a failure to treat low blood sugar levels promptly.

The most common mistakes tend to occur because of lack of experience, lack of training, poor communication between staff (for example, during a shift change), insufficient staffing levels and fatigue and stress (for example, if the delivery ward is particularly busy midwives might need to look after multiple labouring women at the same time).

If your baby has a brain injury and you are worried about the care you or your baby received, a birth injury claims solicitor can help you find a way forward. Brain-injured babies may have long-term and complex needs, and it is important that any solicitor has the necessary expertise in these cases to help you get the best for your child. Many children with brain injuries go on to lead full and independent lives, but some children may require lifelong care and specialist support (such as adapted housing, equipment and therapy) to help them live their lives to the fullest. At Tees we are committed to helping families get the support and security they need. Our birth injury claims specialists understand what you’re going through, and we can help you get answers about your care. We’ll listen to your experiences, and help you find out what happened.

Caring for women in labour

There are protocols and guidelines that caregivers should follow when caring for women in labour. These are in place to protect the health of the mother and baby and ensure that any problems are detected at an early stage. They cover, for example:

what an initial assessment of the woman should include
the frequency maternal observations (blood, temperature and pulse)
how the baby’s heart rate should be monitored and how to interpret the results
how frequently vaginal examinations should be performed
the use of pain relief
what should be done if things are not progressing as they might
interventions that may be taken to help deliver the baby

Common causes of brain injury at birth

If the brain does not develop properly or if there is damage to the developing brain, this may cause a wide range of physical problems, in addition to behavioural and learning difficulties.

The most common brain injury related to birth trauma is Cerebral Palsy. Cerebral Palsy can occur before birth, during birth or soon after birth.

Problems before birth

Sometimes cerebral palsy can occur before labour and birth. Some things increase the risk of a baby having a brain injury, for example:

problems with the mother’s blood pressure (‘pre-eclampsia’), thyroid, or maternal seizures
maternal infections during pregnancy
multiple births
premature births

Problems during labour

Sometimes cerebral palsy occurs because a baby is starved of oxygen during labour. This is called birth asphyxia. It means that the baby’s oxygen supply or blood flow to the brain was interrupted during birth. Serious complications (acute events) during the early stages of labour or during established labour can interrupt the baby’s oxygen supply. For example:

the placenta separating too early from the uterus (‘placental abruption’)
problems with the umbilical cord
the baby getting stuck in the birth canal and shoulder dystocia (where the baby’s head is born but the shoulder gets stuck).

Serious physical injuries can cause brain injury. If the baby suffers a skull, neck or spinal injury (such as a fracture) this can be very serious. Physical injuries can be caused by physical injury to the mother during pregnancy or by instrumental deliveries such as forceps deliveries.

Doctors might recommend an instrumental delivery if the baby needs help to be born. In very rare situations an instrumental delivery can cause brain injury if the instruments injure the baby’s skull (which is very soft), neck or spine. Such injuries are rare, and may be associated with improper or negligent use.

Problems after birth

Sometimes a baby is born in poor condition and it is important that they receive prompt and appropriate resuscitation. If this does not happen, unfortunately, the baby may be starved of oxygen for too long and may have permanent brain damage.

Other complications after birth include jaundice and low blood sugar levels (‘hypoglycaemia’). Jaundice is relatively common in babies, especially premature babies. It is the yellow colour seen in the skin of many newborns. Jaundice happens when too much bilirubin (a chemical naturally produced by the body) builds up (‘hyperbilirubinemia’). If infant jaundice is treated immediately, there usually isn’t a reason for concern. However, if left untreated, high levels of bilirubin in a baby’s brain can cause a serious condition called acute bilirubin encephalopathy. A very low blood sugar level, if untreated, can also cause cerebral palsy.

For many parents, understanding what happened during their child’s birth – and why – can be extremely important. Whatever caused the baby to be born with a brain injury, it’s an incredibly difficult situation for any parent to go through.

Signs and symptoms of brain injury in babies

The signs and symptoms of brain injury vary and depend on the severity of the injury. Generally speaking, the more serious the injury, the more obvious the symptoms.

Doctors use a grading scale to classify the severity of brain injuries at birth. There are 3 grades: mild (Grade 1), moderate (Grade 2) and severe (Grade 3). More severe injury normally means the initial symptoms and long-term effects will be more serious.

A mild injury (Grade 1 hypoxic ischaemic encephalopathy (‘HIE’)) may not be obvious immediately after a baby’s birth. Parents of babies with mild brain injuries may notice their baby is irritable and has problems sleeping or feeding. Other signs include hyper-alertness or if the baby’s eyes are wide open. Normally, the symptoms of a Grade 1 injury last for the first 24 hours after baby’s birth. If your baby’s birth was particularly difficult, or you suffered complications during delivery, your caregivers may ask you to look out for these symptoms.

Severe brain injuries can cause serious symptoms immediately after birth. These may be immediately noticeable. For example, babies who are born very poorly may be pale and floppy when they’re born.

Symptoms of a moderate (Grade 2 HIE) injury include:

lethargy (low energy, lack of movement)
reduced muscle tone
decreased or absent reflexes (for example, the sucking or gag reflex)
clinical seizures
pale in colour

Babies who suffer a severe (Grade 3 HIE) injury may exhibit the following symptoms:

lack of response to stimulation
unable to breathe independently
low or no heartbeat
lack of muscle tone
pale in colour
clinical seizures.

In very sad cases, a hypoxic brain injury can even lead to a baby’s death.

Treatment for brain-injured babies at birth

When caregivers suspect a baby may be born in a poor condition, a paediatrician should be called. If an emergency situation arises, help should be summoned quickly. However, this often means that midwives, obstetric doctors and paediatric doctors rush to the mother’s bedside. It can be a very frightening experience for the mother, and those supporting her during labour. Ideally, mothers should be told about the potential for such a situation during their pregnancy (however unlikely it may be).

Resuscitation

A paediatrician will be present for the birth in order to resuscitate the baby (if necessary).

Depending on the seriousness of the baby’s condition, they will usually be admitted to a Special Care or a Neonatal Intensive Care Unit. Although this can be frightening for parents, it means that poorly babies get the care and support that they need to help their recovery.

Neonatal Therapeutic Hypothermia (infant cooling)

Neonatal Therapeutic Hypothermia (infant cooling) is a relatively new way of treating brain-injured babies at birth. It involves lowering the baby’s body temperature. Research suggests that this can improve the chances of babies starved of oxygen at birth from developing serious brain injuries, such as cerebral palsy.

Oxygen deprivation to the brain can cause a ‘cascade’ of neurological injuries. It causes gradual death of brain cells which in turn can cause brain injury and, in very sad circumstances, it can cause the baby’s death. Cooling therapy works by slowing down your baby’s metabolism, which slows and prevents the death of brain cells following oxygen deprivation. Cooling cannot, however, reverse the brain injury that has already occurred.

If your baby suffered a serious case of oxygen deprivation, they may be ‘actively cooled’. Your baby may be placed on a special cooling mat, or have cooled packs placed around them, to reduce their body temperature. The baby will be looked after in the neonatal care unit and cooled to 33C for 3 days after birth. Alternatively, your baby may be ‘passively cooled’, a process which involves taking early steps not to warm the baby up. Doctors may recommend removing the baby’s bonnet or turning off the heater to keep her/him cooler.

Both treatments are time-sensitive, and guidelines recommend cooling to start within 6 hours of birth. Although infant cooling is relatively new, early research suggests it is effective in improving the chances of brain-injured babies.

Unfortunately, not all brain-injured babies are candidates for infant cooling. Doctors might not recommend it if the baby is premature, has a very low birth weight or has a serious problem with their heart or lungs.

Imaging

If your baby suffered a brain-injury at birth, your doctors should offer an MRI scan or CT scan of the head. These tests examine the baby’s brain and can show signs of injury to the brain. Scans provide doctors with a detailed image of your baby’s brain and skull, and can show if there is bleeding or swelling, ischaemic brain tissue or fractures to the skull.

Prognosis for babies with a brain injury

Every baby is different and their prognosis will depend on the extent of the damage, where the damage occurred and what treatment they received.

It is usually hard to say what the likely course of any future disability may be until the child is older and how, and to what extent they have responded to therapies and support. However, in many cases there are long-term physical, in addition to learning and/or behavioural difficulties. In some cases, the child may also suffer epilepsy.

Children with cerebral palsy usually need life-long support from a multi-disciplinary team, which may include a Paediatrician, a Neurologist, a Neuropsychologist, an Orthopaedic Surgeon, Physiotherapists, Occupational Therapists, Speech and Language Therapists, social workers, educational psychologist, a mental health specialist. It can be very difficult to access but such therapies and support are known to significantly improve outcomes.

Some children will grow up to be capable of independent living and meaningful employment. Others, sadly, will not.

Life expectancy also varies enormously. Many children with a mild brain injury will have a normal life expectancy. Those at the more severe end of the spectrum will, sadly, have a considerably shorter life expectancy. If you have any questions or concerns about your child’s prognosis you should talk with your caregiver.

If your child has a brain injury and you are concerned about the care you or your baby received talk to our birth injury claims specialists. We’ll listen to your experience and help you find out what happened.

Brain injury at birth terminology

Below is a useful glossary of terms which you might hear in connection with brain injuries at birth.

Where appropriate, these terms are explained specifically in the context of brain injuries at birth.

Hyperbilirubinemia: a condition whereby there is too much bilirubin in the blood
Hypoglycaemia: low blood sugar levels
Hypoxia: where part of the body (in this case, the baby’s brain) does not receive enough oxygen
Hypoxic ischemic encephalopathy (HIE): where the baby’s brain does not receive enough oxygen or blood and it causes a problem with the baby’s health
Hypothermia: a very low body temperature
Neonatal encephalopathy (NE): abnormal signs of brain injury shortly after the baby’s birth
Neurological: relating to the nervous system (the brain, spinal cord and nerves).

Disclaimer: All content is provided for general information only, and should not be treated as a substitute for the medical advice of your own doctor, any other health care professional or for the legal advice of your own lawyer. Tees is not responsible or liable for any diagnosis made by a user based on the content of this site. Tees is not liable for the contents of any external internet sites listed, nor does it endorse any service mentioned or advised on any of the sites. Always consult your own GP if you’re in any way concerned about your health and your lawyer for legal advice.

The legal rights of unmarried couples living together

Posted on 28 December 202225 June 2025 by Sarah O'Sullivan

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

Posted on 9 December 202229 May 2025 by Sarah O'Sullivan

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

Posted on 2 December 202230 March 2025 by Sarah O'Sullivan

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

Posted on 24 November 202221 May 2025 by Sarah O'Sullivan

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

Posted on 6 November 202230 March 2025 by Sarah O'Sullivan

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

Posted on 3 November 202230 March 2025 by Sarah O'Sullivan

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

Posted on 2 November 202230 March 2025 by Sarah O'Sullivan

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

Posted on 1 November 20222 June 2025 by Sarah O'Sullivan

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.