UK commercial real estate shows strong performance, says BNP Paribas

Investor sentiment has improved, with sterling continuing to strengthen, reaching its highest level against the dollar and the euro in over two years. This helps to attract overseas investors and boost UK weightings in global real estate allocations.

Performance is recovering too and total returns were positive across all main sectors over the last three months – the first time this has been the case in over two years. It is important to note, however, that this recovery is expected to be gradual  as investors and the market continue to find their feet.

Etienne Prongué, CEO of BNP Paribas Real Estate commented, “UK real estate data continues to be reassuring. The trajectory for capital value is now positive across all property types and confirms the UK market is further along in its recovery than the rest of Europe. With the development pipeline remaining constrained and business surveys continuing to point to expansion, our forecast for prime office returns point to continuing UK outperformance over the next five years.”

Modest recovery for retail

The latest data from Colliers indicates that the retail market is showing signs of modest recovery.

In capital markets, retail investment volumes increased to £200m in August. Although this is above the £150m reported in July, it is still significantly lower than the five-year monthly average for August, which stands at £660m. The largest single-asset transaction in August came from JP Morgan, who bought 291 Oxford Street for £70m at a 5.8% yield.

In occupier markets, retails sales volumes increased by 2.5% annually in August but are still below pre-pandemic levels. Meanwhile, annual retail price inflation was at 3.5% in August, having lowered to 2.9% in June. Also, retails rents have risen for 22 consecutive months.

Positive sentiment from Savills

According to Savills, there seems to be a more positive sentiment in the UK commercial market.

All sectors saw yields trend downwards or stay the same in August. Investment research firm MSCI reported that total returns were positive across the whole UK commercial market. The only sector displaying a yearly negative return was offices; however, Savills expects this sector to pick up and return to positive territory in Q1 2025. Future supply is very limited, which will cause prime rents to keep increasing.

The UK dominated European activity in H1 of this year, with a 29% share of investment volumes – 24% above the five-year average. There has been a notable increase in activity from French SCPI (Société Civile de Placement Immobilier) collective funds, who are investing in UK regional markets.

It is important to take professional advice before making any decision relating to your personal finances. Information within this document is based on our current understanding and can be subject to change without notice and the accuracy and completeness of the information cannot be guaranteed. It does not provide individual tailored investment advice and is for guidance only. Some rules may vary in different parts of the UK. We cannot assume legal liability for any errors or omissions it might contain. Levels and bases of, and reliefs from, taxation are those currently applying or proposed and are subject to change; their value depends on the investor’s individual circumstances. No part of this document may be reproduced in any manner without prior permission.

 All details are correct at the time of writing (16 October 2024)

Tees are here to help

We have many specialist lawyers who are based in:

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

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

Employment (Allocation of Tips) Act 2023: Key info for hospitality

From 1 October 2024, the UK hospitality sector was subject to the introduction of the Employment (Allocation of Tips) Act 2023. The legislation has been designed to facilitate transparency and fairness in distributing tips, gratuities, and service charges among workers. The law addresses long-standing concerns over tip management, particularly as the industry moves toward cashless transactions.

How this will impact employers and workers in the UK’s hospitality sector remains to be seen. Having conducted a first review of the Act (and the accompanying statutory Code of Practice), the key provisions include:

  • Obligation to pass on tips in full: Employers must pass on 100% of tips to their workers, with the only deductions allowed being those required by tax law.
  • Fair distribution: Employers must allocate tips fairly and transparently (my emphasis). Tips must be distributed within one month of being received.
  • Record keeping and written policy: Employers are required to maintain records of tip distribution for a minimum of three years. In addition, businesses where tipping occurs more than occasionally must implement and make available a written tipping policy.
  • Worker rights: Workers can request a copy of their tipping record to ensure compliance, and they may bring claims to the Employment Tribunal if they believe their tips are not being handled fairly.
  • Agency workers: The Act also benefits agency workers, with provisions ensuring that tips distributed by an employer are passed on to them.

Impact on employers

The Act introduces administrative responsibilities for employers, particularly those in hospitality businesses where tipping is a regular occurrence. Employers will now be required to keep detailed records of tip allocation. As tipping becomes more commonly effected via card or electronic transaction, businesses may need to absorb these processing fees, which could impact their bottom line.

Clear and accessible tipping policies will become obligatory to ensure all workers understand how tips are distributed. For many businesses, this will require developing and communicating new procedures.

Businesses that fail to comply with the legislation may face claims in the Employment Tribunal. Workers can request their tipping records and seek compensation if they believe they are being shortchanged, with compensation awards potentially reaching £5,000.

Impact on workers

For hospitality workers, this Act represents a significant step toward ensuring that tips are distributed fairly and transparently, addressing long-standing issues of employer tip retention. Workers will receive their tips in full, without deductions for administrative or processing costs. This is particularly important for low-wage workers who rely on tips to supplement their income.

Additionally, workers can request records showing how tips are allocated, ensuring transparency in the process. This accountability mechanism helps protect earnings and ensures that workers can challenge any perceived unfair practices. Further, in a departure from historical legislation, agency workers will now be entitled to receive tips fairly, adding a layer of protection for this often-vulnerable segment of the workforce.

Challenges and concerns

Although the legislation promises benefits for workers, both businesses and those working for them may encounter challenges. For establishments that rely heavily on tips, implementing new record-keeping systems and complying with statutory obligations will require careful planning and investment. While larger businesses may be able to absorb the costs associated with processing tips via card, smaller establishments might struggle. Some may even consider returning to a cash-only tipping policy, potentially reducing the amount of tips workers receive in the long term.

The Act mandates fairness but does not prescribe how tips should be allocated. When distributing tips, employers are encouraged to consider factors like seniority, hours worked, and performance. However, this could lead to disagreements among staff, particularly in businesses where tips are a significant part of total compensation.

Legal compliance and best practices

Businesses should consider the following steps:

  1. Audit Current Tipping Practices: Review how tips are currently managed and make any necessary adjustments to comply with the new requirements.
  2. Develop a Tipping Policy: Create a clear, written tipping policy that outlines how tips will be distributed. Ensure that this policy is communicated effectively to all workers, including agency staff.
  3. Keep Detailed Records: Set up systems for recording how tips are allocated and distributed. Employers should be prepared to provide this information upon request from workers.
  4. Consider Independent Troncs: Many businesses in the hospitality sector already use a “tronc” system to manage tip distribution. The Act allows the use of independent tronc operators, as long as they operate fairly. Using a tronc can help businesses manage the complexity of tip distribution and avoid disputes.
Looking forward

The Employment (Allocation of Tips) Act 2023 is a much-anticipated reform designed to introduce fairness and transparency to tipping practices within the UK’s hospitality sector. While imposing more responsibilities on employers, this legislation promises significant benefits for workers by ensuring they receive their earned tips without deductions.

Employers are encouraged to take proactive measures to prepare for these changes, set to take effect on 1 October 2024. By establishing clear tipping policies and practising transparency, businesses can mitigate potential disputes and promote a fairer workplace.

This legislation marks a significant victory for workers in ensuring fair treatment and protecting their income in an industry where tips form a vital part of their compensation.

Navigating collective redundancy: A look at the UK procedure through Dyson’s lens

Understanding Collective Redundancy in the UK

In the intricate web of corporate restructuring, the concept of collective redundancy stands out, especially in the context of UK employment law. It’s a process that isn’t just procedural but profoundly impacts the employees’ lives. For companies like Dyson, known for their innovation in household appliances, navigating through such terrain is as much about legal compliance as maintaining workforce morale and brand integrity.

Dyson’s Workforce Reduction: An Overview

Dyson is reducing its staff in the UK by approximately 1,000 positions as a component of a worldwide restructuring effort, effectively decreasing its British staff by over a quarter. On Tuesday morning, employees were informed of the job reductions, which are part of a strategy to decrease the company’s global workforce of 15,000 as part of an extensive cost-reduction initiative.

Addressing work issues across international boundaries is complex and beyond the scope of this article. Various practical challenges and differing methods are involved, and grasping these is crucial for carrying out a fair procedure that minimises the risk of potential litigation.

The UK’s Collective redundancy framework

At the heart of the UK’s approach to mass layoffs is the principle of “collective consultation.” This principle comes into play when an employer, such as Dyson, considers dismissing 20 or more employees within 90 days or less. It’s not merely a procedural step but a fundamental right—ensuring employees have a voice in the profound changes affecting their livelihoods.

Key legal precedent: The woolworths case

The European Court of Justice (ECJ) fleshed out these principles in the landmark USDAW v Ethel Austin case, known as the Woolworths case, in April 2015. The court clarified that once the threshold of 20 redundancies is crossed within a single establishment, employers are obligated to engage in collective consultations. Interestingly, this consultation privilege extends beyond those facing redundancy to any employees potentially impacted by the changes.

The procedure and timeframes

For large-scale operations like those Dyson might consider, two crucial timeframes are stipulated:

  • 45 days of consultation for 100 or more dismissals
  • 30 days for 20 to 99 dismissals

This advanced consultation period is not just about notifying employees; it is about engaging with them, discussing possible alternatives, and ensuring that the redundancy process is carried out as smoothly and humanely as possible.

Implementing Dyson’s redundancies

Given Dyson’s global footprint and its commitment to innovation, the company finds itself often at the crossroads of adapting its workforce to meet evolving market demands. If Dyson were to implement collective redundancies in the UK, engaging in a thorough collective consultation process would be imperative. Not only would this comply with legal requirements, but it would also reflect the company’s values by treating its workforce with respect and dignity during challenging times.

Dyson will need to openly discuss the reasons behind the potential redundancies, explore alternatives with employee representatives, and ensure that the process is transparent and fair. This could involve looking into options such as redeployment within the company, voluntary redundancy packages, or other measures to minimise the impact on its employees.

Potential pitfalls if the process goes wrong

Failure to consult correctly can have profound financial implications for a company, emphasising the importance of adhering to the specific legal requirements for collective consultation.

In a UK redundancy situation, if an employer does not meet the collective consultation requirements, employees can make a claim to an Employment Tribunal. If the claim is successful, the employer may have to pay the affected employee or employees compensation, known as a ‘protective award’. This compensation can be up to 90 days’ full pay for each affected employee.

Not only this, but improper handling of the consultation process can also lead to legal challenges. Employees might claim unfair dismissal, and the company could face financial penalties if found to be non-compliant with statutory requirements.

Impact on brand and employee morale

On a personal level, mishandling redundancies can inflict long-lasting damage on a company’s reputation. For a brand like Dyson, known for its innovation and quality, public perception can significantly impact consumer trust and loyalty.

This could also have a detrimental impact on retaining the remaining staff. Poor handling of such processes can demoralise survivors, affecting productivity and potentially leading to further employee turnover. Employees who see their former colleagues treated unfairly might start looking for more secure employment opportunities.

Furthermore, a sudden and poorly managed redundancy process can lead to gaps in operations, affecting service delivery and business performance.

Navigating the redundancy process with care

For a company like Dyson, navigating the collective redundancy process with care and consideration is crucial. Every step needs to be meticulously planned and executed. While the process is primarily about compliance, it also strongly reflects the company’s values and regard for its workforce. A transparent, fair, and well-managed consultation process not only minimises legal and financial risks but also upholds the company’s ethos, maintaining its reputation as a responsible employer.

Navigating the complexities of collective redundancy procedures in the UK presents a significant challenge, involving both a deep understanding of legal nuances and a compassionate approach towards the workforce. For businesses transiting through such a phase, the importance of following each step meticulously cannot be overstressed, given the potential financial, legal, and reputational repercussions of failing to meet the required standards.

The dialogues around collective redundancies, from consulting with employee representatives to addressing final decisions, highlight an employer’s commitment to fair and ethical business practices. While this guide serves as a primer for understanding the critical aspects of the redundancy consultation process and its importance, each situation’s unique characteristics can introduce specific complexities that deserve personalised attention and expertise.

Should you require additional insights, detail on legal obligations, or guidance on managing the collective redundancy process within your organisation, our team at Tees Law is here to provide comprehensive support. Navigating such pivotal moments requires not just legal acumen but an in-depth appreciation of the human elements involved. Contact Tees Law for further assistance and advice to ensure that your redundancy procedures are managed effectively, compassionately, and in full compliance with current UK employment law.

Employment Rights Bill 2024: Worker protections and productivity

Understanding the Employments Rights Bill 2024

The Employment Rights Bill 2024 (the Bill), unveiled on 10 October, introduces significant changes to the UK’s employment laws, marking the largest overhaul in decades. With 28 reforms, the Government has presented the Bill as aiming to enhance worker protections and boost productivity across the economy.

One of the standout changes is enhanced “day one” rights, including the right not to be unfairly dismissed (see also below). With this, there is a proposed introduction of a statutory probation period for new hires. This may allow employers more time to assess employee suitability notwithstanding the new day one rights being introduced.

Key Reforms: Day-one rights and probation periods

One of the most significant reforms is the removal of the existing two-year qualifying period for protection against unfair dismissal. This change ensures that an estimated nine million workers will benefit from protection from unfair dismissal as soon as they start a new role.

Additionally, the bill includes day-one rights for paternity leaveunpaid parental leave, and bereavement leave, building on the existing day-one right to maternity leave. This is a major change.

The Government will consult on a statutory probation period, with the current proposal favouring a nine-month limit. This extension, which has drawn mixed reactions from businesses and unions, is intended to provide flexibility for employers, while maintaining worker protections throughout the probation period. Full implementation of this probation reform is expected by autumn 2026, following further consultations.

End of exploitative practices and strengthened sick pay

The bill also takes aim at so called exploitative zero-hours contracts and controversial fire-and-rehire practices. These reforms are intended to provide more job security and protections, especially for workers on flexible or irregular contracts. For those on zero-hours contracts, the bill introduces the right to guaranteed working hours after a set period, ensuring greater financial stability for over a million workers.

Another key reform is the overhaul of statutory sick pay. Under the new provisions, workers will be entitled to sick pay from day one of illness, removing the previous three-day waiting period and the lower earnings limit. This change aims to provide immediate financial support for those who fall ill, especially lower-paid workers who previously did not qualify for statutory sick pay.

Flexible working and gender pay gap action plans

Recognising the changing dynamics of the modern workplace, the bill makes flexible working the default, unless employers can demonstrate that it is impractical. This reform is designed to support workers with caregiving responsibilities and improve work-life balance across various sectors.

Large employers will also be required to implement action plans to address gender pay gaps and support female employees, particularly through menopause. This measure is part of a broader push to promote inclusivity and diversity within the workforce.

Fair work agency and long-term reforms

The bill establishes a new “Fair Work Agency”, tasked with enforcing key rights such as holiday pay and sick pay. This agency will consolidate existing enforcement bodies, providing better guidance for employers while ensuring compliance with the new laws. The government has also outlined future reforms in its “Next Steps” document, including plans for a right to disconnect, mandatory reporting on ethnicity and disability pay gaps, and a move towards a simpler, two-tier worker status framework.

While the Employment Rights Bill boasts a sweeping set of reforms, many of the provisions will take time to implement, with some requiring further consultations before being fully enacted. Nevertheless, the bill represents a bold step towards improving worker protections and enhancing productivity in the UK economy.

For more insights into how these changes may affect your business or employment, contact our Tees Law team. We’re here to provide legal guidance on navigating this new landscape and ensuring compliance with evolving employment laws.

For any questions, please contact us at employmentteam@teeslaw.com.

Employment Rights Bill 2024: Worker protections and productivity

Understanding the Employments Rights Bill 2024

The Employment Rights Bill 2024 (the Bill), unveiled on 10 October, introduces significant changes to the UK’s employment laws, marking the largest overhaul in decades. With 28 reforms, the Government has presented the Bill as aiming to enhance worker protections and boost productivity across the economy.

One of the standout changes is enhanced “day one” rights, including the right not to be unfairly dismissed (see also below). With this, there is a proposed introduction of a statutory probation period for new hires. This may allow employers more time to assess employee suitability notwithstanding the new day one rights being introduced.

Key Reforms: Day-one rights and probation periods

One of the most significant reforms is the removal of the existing two-year qualifying period for protection against unfair dismissal. This change ensures that an estimated nine million workers will benefit from protection from unfair dismissal as soon as they start a new role.

Additionally, the bill includes day-one rights for paternity leaveunpaid parental leave, and bereavement leave, building on the existing day-one right to maternity leave. This is a major change.

The Government will consult on a statutory probation period, with the current proposal favouring a nine-month limit. This extension, which has drawn mixed reactions from businesses and unions, is intended to provide flexibility for employers, while maintaining worker protections throughout the probation period. Full implementation of this probation reform is expected by autumn 2026, following further consultations.

End of exploitative practices and strengthened sick pay

The bill also takes aim at so called exploitative zero-hours contracts and controversial fire-and-rehire practices. These reforms are intended to provide more job security and protections, especially for workers on flexible or irregular contracts. For those on zero-hours contracts, the bill introduces the right to guaranteed working hours after a set period, ensuring greater financial stability for over a million workers.

Another key reform is the overhaul of statutory sick pay. Under the new provisions, workers will be entitled to sick pay from day one of illness, removing the previous three-day waiting period and the lower earnings limit. This change aims to provide immediate financial support for those who fall ill, especially lower-paid workers who previously did not qualify for statutory sick pay.

Flexible working and gender pay gap action plans

Recognising the changing dynamics of the modern workplace, the bill makes flexible working the default, unless employers can demonstrate that it is impractical. This reform is designed to support workers with caregiving responsibilities and improve work-life balance across various sectors.

Large employers will also be required to implement action plans to address gender pay gaps and support female employees, particularly through menopause. This measure is part of a broader push to promote inclusivity and diversity within the workforce.

Fair work agency and long-term reforms

The bill establishes a new “Fair Work Agency”, tasked with enforcing key rights such as holiday pay and sick pay. This agency will consolidate existing enforcement bodies, providing better guidance for employers while ensuring compliance with the new laws. The government has also outlined future reforms in its “Next Steps” document, including plans for a right to disconnect, mandatory reporting on ethnicity and disability pay gaps, and a move towards a simpler, two-tier worker status framework.

While the Employment Rights Bill boasts a sweeping set of reforms, many of the provisions will take time to implement, with some requiring further consultations before being fully enacted. Nevertheless, the bill represents a bold step towards improving worker protections and enhancing productivity in the UK economy.

For more insights into how these changes may affect your business or employment, contact our Tees Law team. We’re here to provide legal guidance on navigating this new landscape and ensuring compliance with evolving employment laws. We’ll be running webinars and workshops on the new rules and how businesses can navigate these new waters over the coming weeks and months. Please get in touch with us if you are interested in these.

On Wednesday 6 November we are running a specific webinar around Employment Law changes that the Labour government has proposed. You can register your interest here: https://communications.teeslaw.com/27/178/landing-pages/rsvp-blank.asp.

For any questions, please contact us at employmentteam@teeslaw.com.

Navigating AI regulation in the UK: Essential insights for employers

This year, the European Parliament formally adopted the Artificial Intelligence Act (“AI Act”), the first comprehensive law designed to regulate AI on a broad scale across the European Union.

This landmark piece of legislation which was introduced on 13 March 2024 laid the foundation for AI governance within the EU but has left some UK employers wondering how these developments will influence the regulatory landscape, particularly as we observe the new long-term objectives for AI that have been proposed by our Labour Government.

The Current UK regulatory landscape

Last year on 3 August 2023, the Government released their AI Regulation White Paper which indicated that the UK had no plans to introduce a horizontal AI regulatory framework like the EU. Instead, the feedback received as part of the Government’s consultation on the policy suggested that the UK would lean more towards adopting a principles-based model that would allow existing sector-specific regulators to tailor AI regulations according to their respective industries. At present, this position remains unchanged, and it is likely that we will see AI-specific laws and regulations introduced in the UK in the not-so-distant future.

As the UK Government enacts its AI agenda, employers will have to navigate several considerations for effective AI regulation and compliance. Below, we have explored some of the essential areas that employers should focus on as they look to integrate AI systems into their businesses.

Sector-specific regulation

Employers should familiarise themselves with how AI regulations may differ across various industries. Each sector may be guided by unique regulatory bodies that impose different requirements for AI use, and which would necessitate a more proactive approach to compliance. In addition to this, businesses should conduct their own assessment of AI technology to ensure that it adheres to existing regulations and anticipate any future legislative changes.

AI development

The Government has emphasised the importance of responsible and ethical AI use. Employers will need to ensure they engage in best practices around transparency, accountability and inclusivity where AI is deployed, to mitigate potential risks (where possible) and maintain public trust. This may involve implementing new policies and guidelines for the ethical deployment of AI technologies.

Impacts on employees

As AI systems evolve, so do their effects on the workforce. Employers should understand the implications of AI on jobs and employment dynamics. Preparing the workforce for reskilling and deploying AI in underserved areas of business will be crucial for maintaining a productive and efficient working environment. Earlier this year, The Institute for Public Policy Research estimated that roughly 11% of workplace tasks are exposed to automation through existing generative AI, and that this could rise to 59% of tasks in the second wave of AI adoption as technologies develop to handle increasingly more complex processes.

Data privacy and security

With AI’s reliance on handling vast amounts of data, compliance with existing data protection regulations (such as the General Data Protection Regulations) is highly important. Employers must ensure their AI systems are secure and responsible in their data usage and align with the latest best practices.

Monitoring regulatory changes

The AI regulatory landscape is continuously evolving. Employers should establish mechanisms to stay informed about upcoming regulations, guidelines, and industry standards that could impact their practices. This could involve, among other things, engaging with industry associations, regulatory bodies, and participating in relevant forums.

As employers look to navigate the evolving AI landscape, it is crucial that they adapt and remain compliant with the latest legal requirements. Company policies, hiring practices, and data privacy protocols should be reviewed periodically to reflect the changes to AI tools and technologies. Encouraging a culture of continuous learning by helping employees upskill and adapt to these changes can be an advantageous strategy and help equip staff with the knowledge to use AI responsibly and effectively.

Balancing innovation with regulation always requires a strategic approach. Businesses should consider using AI effectively whilst adhering to new legal and ethical standards to stay compliant and support a responsible and sustainable AI-driven future.

At Tees, we have specialist Employment Law experts with many years of experience who can help businesses navigate the complex and evolving AI landscape confidently and clearly.

Employment Rights Bill 2024: Tees Law prepares employers for key reforms

Tees Law acknowledges the significant impact of the Employment Rights Bill 2024 and the crucial changes it brings to the employment landscape. This bill, part of Labour’s “Make Work Pay” initiative, includes 28 key reforms designed to enhance worker protections and improve productivity across the economy.

Among the most impactful provisions is the introduction of a nine-month statutory probation period, replacing the existing two-year qualifying period for protection against unfair dismissal. This will give 9 million workers day-one rights to protection from dismissal, along with day-one entitlements to paternity leave, unpaid parental leave, and bereavement leave.

The bill also takes aim at practices, including zero-hours contracts and fire-and-rehire practices, providing workers with more job security. For those on zero-hours contracts, the legislation guarantees working hours after a defined period, offering much-needed financial stability.

Additional reforms include a transformation of statutory sick pay, which will now be available from the first day of illness, scrapping the previous three-day waiting period and earnings limit. The bill also makes flexible working the default, ensuring greater support for employees with caregiving responsibilities.

A new Fair Work Agency will be established to enforce these rights and ensure employers receive the guidance they need to comply with the new laws.

Rob Whitaker, Executive Partner of the Employment Team at Tees, commented:

The Employment Rights Bill 2024 presents significant changes that employers should prepare to carefully navigate. With new provisions such as day-one protections, and the regulation of zero-hours contracts, this bill will require businesses to reassess their current practices to ensure full compliance and be ready for the changes. At Tees, we are committed to helping employers understand the implications of these reforms, guiding them through the compliance challenges, and ensuring they are prepared for the evolving employment landscape. While the bill aims to enhance worker protections, we believe it also offers an opportunity for businesses to reflect on working practices and promote a more stable and productive workplaces for business growth if managed with care.”

Though many of these reforms will take time to implement, with full adoption expected by Autumn 2026, the Employment Rights Bill 2024 marks a bold step towards a fairer, more productive workplace.

For any questions, please contact us at employmentteam@teeslaw.com.

Baby loss awareness week: The heartbreak of Lisa and Ryan

Lisa Buttery (36) and fiancé Ryan Barnes (37) had always wanted to start a family, but despite years of trying, they had never been able to conceive. In November 2021, they eventually found out they were pregnant with baby Isla Grace and were overjoyed to finally become parents.

This would be their first child. They put their wedding planning on hold while they prepared for their new arrival.

“Our little miracle”

The pregnancy went smoothly, and baby Isla was growing well. Lisa was referred to the John Radcliffe Hospital in Oxford, where a plan was made for induction of labour at 42 weeks.

Following induction, Lisa’s labour progressed quickly, but baby Isla soon began to struggle. Concerns were first raised by midwives shortly after Lisa’s waters broke, as CTG’s (fetal monitoring equipment) suggested that Isla Grace was getting a limited supply of oxygen during labour. A plan was made to transfer Lisa to the delivery suite, but no beds were available at the time.

In the hours that followed, further concerns were raised by midwives, who felt that Isla’s heart rate was fluctuating dangerously. On three separate occasions, recommendations by the midwives to escalate Lisa to an emergency caesarean section were overruled. Eventually, Lisa was taken for a category two emergency caesarean section. A category two caesarean section is initiated where there is fetal or maternal compromise which is not considered life-threatening. Despite attempts at resuscitation, Isla tragically died at just 19 minutes old.

A coroner’s inquest took place in March 2023, which concluded that Isla died from hypoxic brain damage, signs of which were seen on electronic foetal monitoring (CTG recording).

The process

Lisa and Ryan approached Tees to help guide them through the inquest process and to bring a claim for compensation on behalf of Isla Grace.

Following initial investigations, Tees were able to secure a response from the hospital, who admitted that they failed to refer Lisa for an emergency caesarean section once concerns were raised around Isla’s wellbeing. They admit that, had Lisa been sent for an earlier caesarean section, then Isla would likely have survived.

A word from Lisa and Ryan

Losing our beautiful daughter Isla Grace has forever changed us as people – it is a story we never thought imaginable, let alone something we will now have to live with for the rest of our lives. And that is exactly what it is – a life-long heart break knowing you will never feel true joy again without our first and only child in this world.

We contacted Tees to find answers and justice for Isla as both internal and external investigations didn’t reveal an underlying cause of death. We see that the only benefit that can come from this is change – change to processes, change to assumptions, change to maternity care that we hope will save the lives of thousands of babies – and our hope is that that will be Isla Grace’s legacy.”

 

Thank you to Lisa and Ryan for giving Tees permission to share their story on Baby Loss Awareness Week, in memory of Isla Grace.

If you are concerned about the care you or your baby received, you can talk to one of our specialists. We’ll listen to your experience and help you get to the truth of what happened.

Tees Law continues to drive growth plans with two new Partner lateral hires

Tees Law is delighted to announce the appointment of two new Partners, Tracey Dickens and Victoria Sandberg, effective October 2024.

Tracey Dickens joins Tees as a Partner in their Corporate and Commercial team after a long career with Birkett Long, where she headed up their Commercial department. Tracey has a wealth of experience working with a wide range of business clients and has a profound specialism advising the health sector and in particular care home transactions and medical partnerships, acting for doctors and other healthcare professionals in relation to partnership and business matters for over 22 years. Tracey joins Tees’ already growing Corporate and Commercial team, who act for a variety of independently owned and managed businesses including several listed in the Grant Thornton Top 100 report for Essex and Hertfordshire.

Tracey said: “I am delighted to be joining Tees Law’s impressive Corporate and Commercial team, and I am very much looking forward to helping drive forward their ambitious growth plans and becoming a trusted advisor to their business clients.”

Tracey is recognised by the Legal 500 as a Leading Partner in the Commercial and Corporate Sector and Public Sector (Healthcare) and is often praised for her balanced and pragmatic approach in helping businesses to find solutions that ensure a successful outcome.

Victoria Sandberg joins Tees as a Partner in the Commercial Property team and has a particular specialism in rural land. Victoria acts for a wide range of clients, including various estates in relation to both disposals and property management. Her clients include businesses, farmers, investors, owner-occupiers and high net-worth individuals spread predominantly across Hertfordshire and the neighbouring counties. Victoria joins Tees’ significant Commercial Property team of 30+ legal advisors and partners. She will be based in Tees’ Royston office.

Victoria is recommended by Legal 500 as a Leading Individual for Agriculture and Estates work. She will play a pivotal role in the continuing strength of Tees’ Agriculture, Rural and Estates practice.

Victoria said: “I am thrilled to be joining Tees and to being part of the fantastic Agriculture, Rural and Estates team. It is such an exciting time to be joining.” 

Managing Director Ashton Hunt, said: “We are thrilled to welcome both Tracey and Victoria and delighted they have chosen to further their careers with Tees. They were both attracted to Tees because of our reputation and track record of delivering on our strategic goals and are both well placed to help us drive forward our ambitious growth strategy for 2028. This takes our partner headcount to 28 and will add additional weight to our growing corporate and commercial and commercial property expertise.”

A smart way to invest a business sale in your retirement plans

How One Business Owner Benefited from a Family Investment Company

Putting the money from the sale of his business into a Family Investment Company was a natural choice for David*, with the benefit of substantial tax savings.

David had run a successful business in the manufacturing sector and was making plans for his retirement. As a long-standing corporate and commercial client of Tees, he opted to use our in-house Wealth Management service to advise him.

David had several existing assets, including savings and two pension funds, along with the sale of the business, which raised over £10 million. While some of the money was invested in pensions, an ISA and investment bonds, the majority went into a Family Investment Company.

Adam Hildred, Senior Wealth Planner at Tees, explained that Family Investment Companies are one of the least-used financial products available in the marketplace. However, for clients like David with corporate and commercial experience, it was something he could easily understand and, therefore, a natural choice.

If we had put all of these assets into a standard investment area, with capital gains tax and dividend allowances coming right down, David would be paying a lot of tax on that money. The Family Investment Company provides a completely different structure, being under corporation tax rates, you are paying 25% tax instead of potentially 45%, and at the same time you can offset your fees and interest on the loan made into the structure against whatever profit you make.

The Family Investment Company fits a wide range of potential. Whether the amount to be invested is £1 million or £100 million is irrelevant; the recommendation will be pretty much the same. Full accounting advice is always required.”

Clients are advised to start their planning long before a business is actually sold.

Adam continued, “Tees is one of the few legal firms with our own Wealth Management advisers. We take a holistic approach to looking after our clients’ often complex needs, which includes input from several different experts.

At Tees, we have all the expertise under one roof, so if a client chooses, we can look after the legal aspects of their retirement plan, such as wills and lasting power of attorney (LPA) which we did in David’s case.”

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

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice, or investment recommendations. Past performance is not a reliable indicator of future returns and all investments involve risks. Some information quoted was obtained from external sources we consider to be reliable.

Tees is a trading name of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered number 211314. Tees Financial Limited is registered in England and Wales. Registered number 4342506.

October 2024 budget: What does it mean for individuals and businesses?

As Rachel Reeves prepares to deliver her first budget as Chancellor of the Exchequer on 30 October, businesses and individuals are bracing for significant economic shifts. With an apparent £22 billion deficit, Reeves is expected to announce a range of measures aimed at driving growth while maintaining monetary responsibility.

Reeves is favouring real-term growth in public spending through a combination of tax increases and selective borrowing. These policy adjustments will have broad implications for taxpayers, businesses, and many more.

As a leading firm in legal and financial advisory services, Tees offer expert advice and solutions for individuals and companies looking to understand the impact of the proposed measures.

Potential budget highlights

Income tax adjustments

Reeves is likely to adjust income tax thresholds, potentially pushing more earners into higher tax brackets. With the Institute for Fiscal Studies (IFS) estimating that lowering the personal allowance or basic-rate limit by 10% could yield billions, those in higher brackets need to prepare for greater tax liabilities.

Pension tax relief reforms

Significant reforms to pension tax relief could be on the table, with the potential to raise up to £15 billion annually. These changes are expected to affect those benefitting from higher-rate tax relief, potentially making pension contributions more costly for both individuals and employers.

Capital gains tax (CGT) increases

Reeves may also increase CGT rates or broaden the taxable base, potentially aligning it more closely with income tax. While this could generate revenue, it risks impacting investment portfolios.

Inheritance tax (IHT) adjustments

Changes to IHT, particularly around pensions, business assets, and agricultural land, are expected to raise additional revenue. Caps on exemptions and potential reforms to relief on Alternative Investment Market (AIM) shares could have a significant impact on estate planning.

Fuel duty increases and environmental taxation

Ending the freeze on fuel duty could raise £6 billion annually, a move aligned with environmental goals. This may impact businesses with high fuel consumption, particularly in logistics and transport sectors.

Windfall taxes on banks and private equity

The October budget may introduce windfall taxes on banks and higher taxes on private equity profits, targeting the substantial gains these sectors have seen amid rising interest rates.

  • Windfall Taxes on Banks – As banks benefit from widened net interest margins, a proposed one-off windfall tax could significantly impact their profitability and lending capacity. While this measure aims to generate revenue for the Treasury, it may lead to reduced lending, particularly affecting small and medium-sized enterprises (SMEs) that rely on bank financing.
  • Increased Taxes on Private Equity Profits – Reeves is also expected to align the taxation of carried interest in private equity with income tax rates, currently at 28%. This could discourage investment in higher-risk ventures and shift private equity firms toward lower-return strategies, potentially slowing innovation and start-up funding in the UK.
Revised fiscal rules

Reeves may introduce or revise fiscal rules, creating space for increased investment without destabilising public finances. Businesses looking to benefit from potential growth areas, including green infrastructure and housing, will need strategic advice to take full advantage of these opportunities.

As the UK prepares for Reeves’ budget, Tees is ready to assist clients in understanding and responding to the challenges and opportunities presented by these potential measures. Our team of legal and financial experts are equipped to provide tailored advice, helping businesses and individuals alike plan in a changing economic environment.

About Tees

Tees is a leading UK-based legal and financial advisory firm with over 110 years of experience. It offers expert services in a wide range of areas, including tax planning, wealth management, corporate law, and estate planning.

Our team of specialists can help individuals and businesses navigate complex legal and financial matters, ensuring they are well-positioned for the future.

We provide bespoke financial planning, pension advice, wealth management, estate planning, and corporate law services, helping clients adapt to changing regulations, maximise their financial potential, and achieve their long-term goals. Additionally, we can assist businesses in transitioning to greener alternatives, managing the financial impact of increased fuel duties, and capitalising on new government investments.

This material is intended for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice or investment recommendations. Past performance is not a reliable indicator of future returns, and all investments involve risks. Some information quoted was obtained from external sources we consider to be reliable.

Tees is a trading name of Stanley Tee LLP, regulated by the Solicitors Regulatory Authority. Registered in England and Wales, number OC327874

Tees is a trading name of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered number 211314. Tees Financial Limited is registered in England and Wales. Registered number 4342506.

Tees maintains six Tier 1 teams in Legal 500 rankings

Tees Law is pleased to announce success in this year’s Legal 500 directory, with six practice areas ranked as ‘Tier 1’.

The Top Tier ranking has been awarded to:

  • Private client > Agriculture and estates
  • Real estate > Commercial property: Essex
  • Insurance > Personal injury and clinical negligence: claimant
  • Private client > Contentious trusts and probate
  • Private client > Personal tax, trusts and probate: Beds, Bucks, Herts, Middx
  • Private client > Personal tax, trusts and probate: Essex
  • In total, Tees have been ranked in 21 practice areas in the world’s leading directory of law firms.

The firm is delighted to see nine leading partners, five next-generation partners, and eight leading associates recognised in the 2025 list.

Leading partners
  • Aaron Cane
  • Jane Winfield
  • Janine Collier
  • Lucy Folley
  • Robert Whitaker
  • Sarah Coates
  • Tim Deeming
  • Victoria Sandberg
  • Tracey Dickens
Next generation partners
  • Baljeet Kaur
  • Daniel Fairs
  • Ian Johnston
  • Nicola Havers
  • Sarah Walker
Leading associates
  • Sara Stabler
  • Alex Waples
  • Ana James-Pittau
  • Chris Claxton-Shirley
  • Katherine Jameson
  • Lucy Beck
  • Polly Kerr
  • Sarah White

 Senior Partner Catherine Mowat has once again been recognised in the Hall of Fame and commented: “This year’s results highlight the commitment and hard work of our teams at Tees. I am honoured to be named in the Hall of Fame again this year. Thank you to our wonderful clients and referrers for the great feedback provided.”

Group Managing Director Ashton Hunt said: “I am pleased to see Tees recognised in the Legal 500 rankings in another successful year. It’s brilliant to see so many of our practice areas receiving Tier 1 status, along with many Associates being named as leading in their field. Everyone at Tees always works hard to provide the best quality service and I’m truly delighted to see the results.”

Tees Law is a major regional law firm with offices in Bishop’s StortfordCambridgeRoystonSaffron WaldenBrentwood and Chelmsford. As part of the local community for over 100 years, Tees continues to support clients from generation to generation.