Insights Archives

Tees launches new agricultural scholarship with Anglia Ruskin University

Posted on 12 May 202513 May 2025 by Sarah O'Sullivan

Tees, a leading law firm with over a century of experience supporting agricultural and landed estate clients, is proud to announce the launch of the Tees Agricultural Award in partnership with Anglia Ruskin University (ARU) Writtle. This exciting new initiative aims to provide financial support to promising agriculture students across the East of England.

Recognising the importance of nurturing future leaders in agriculture, Tees will fund two annual prizes over the next three years. The top academic performer will receive £2,000, while the runner-up will be awarded £1,000.

The awards will be based on the second-year results of students studying agriculture degree courses at ARU Writtle. The first awards are expected to be presented in September 2025.

Supporting Future Leaders in Agriculture
Located near Chelmsford, ARU Writtle is a premier centre for undergraduate and postgraduate studies in animal, environmental, agricultural, and horticultural studies. Established in 1893, its 150-hectare campus includes a working farm with livestock, arable crops, and conservation areas, providing hands-on experience for students.

Students from Bedfordshire, Cambridgeshire, Essex, Hertfordshire, Norfolk, and Suffolk are eligible for the scholarships.

A Commitment to Agricultural Excellence

Tees is passionate about celebrating the achievements of these dedicated students. With deep roots in the rural community, Tees’ agricultural advisers possess extensive knowledge of the delicate balance between business, land, and family. Supported by a team of over 30 lawyers, including 10 partners specialising in agriculture, Tees delivers expert advice in a rapidly evolving legal and political landscape.

Letty Glaister, Partner and Head of the Agriculture Team, said:
“Building strong relationships is at the heart of what we do. We’re delighted to partner with ARU Writtle to reward students for their hard work and dedication to agricultural studies.”

Caroline Flanagan, Head of the School of Agriculture, Animal and Environmental Sciences at ARU Writtle, added:
“We’re thrilled to collaborate with Tees. These annual prizes are a fantastic way to recognise our students’ commitment and achievements in agriculture.”

This announcement coincides with Tees’ continued expansion in Hertfordshire, marked by the opening of its North Herts office at Hyde Hall, Buntingford, in April 2025. This location is situated next to the NFU Mutual Hertfordshire office, which further strengthens Tees’ commitment to the agricultural community. Award recipients will be invited to this new office to receive their prizes.

Tees extends its best wishes to all ARU agriculture students as they pursue their studies and contribute to the future of British agriculture.

National Security and Investment: What is the NSI Act?

Posted on 8 May 2025 by Sarah O'Sullivan

The National Security and Investment Act 2021 (‘NSI Act’) introduced a regulatory framework that allows the UK Government to scrutinise and approve certain acquisitions in 17 sensitive areas of the economy that could pose a risk to the UK’s national security. These areas include, but are not limited to, advanced robotics, defence, energy, advanced materials, and artificial intelligence (AI).

For certain acquisitions within these sectors, mandatory notification to the Government is required and these types of transactions are referred to as ‘notifiable acquisitions’. Acquisitions completed before 12 November 2020 do not fall within the NSI Act’s remit and are therefore non-notifiable.

Which entities and assets are covered by NSI Act?

Entities include:

companies;
limited liability partnerships (LLPs);
any other corporate bodies;
general and limited partnerships;
unincorporated associations; and
trusts.

Assets include:

land;
tangible moveable property;
intellectual property (e.g. ideas, information or techniques with economic value).

Which areas are covered under NSI Act?

Certain acquisitions in the following sensitive areas of the economy may require the Government’s approval:

advanced materials;
advanced robotics;
AI;
civil nuclear materials;
communications;
computing hardware;
critical suppliers to the Government;
cryptographic authentication;
data infrastructure;
defence;
energy;
military and dual-use;
quantum technologies;
satellite and space technologies;
suppliers to the emergency services;
synthetic biology; and
transport.

What types of acquisitions are covered under NSI Act?

An acquisition is notifiable if it involves an entity or assets in one of the sensitive areas (‘Qualifying Entities’ and ‘Qualifying Assets’) and meets certain thresholds set by the Government.

In acquiring control of a Qualifying Entity, a transaction will be notifiable if the buyer:

increases its shareholding OR voting rights from:
- 25% or less to more than 25%,
- 50% or less to more than 50%,
- less than 75% to 75% or more, or
the buyer acquires voting rights to secure or prevent the passage of any class of resolution governing the entity’s affairs; or
the acquirer being able to exercise material influence over the qualifying entity’s policy.

In acquiring control of a Qualifying Asset, a transaction will be notifiable if the buyer:

is able to use the Qualifying Asset to a greater extent than prior to the transaction; or
becomes able to direct or control how the Qualifying Asset is used or increases its ability to control the Qualifying Asset.

Does the NSI Act apply to overseas acquisitions?

Yes, the NSI Act applies not only to UK registered entities and UK based assets, but also to international organisations, if they have a connection to the UK. This includes scenarios where an asset is physically located outside of the UK but is used to produce products used in the UK.

Practical implication for businesses

Businesses involved in mergers, acquisitions or investments must assess whether their transaction falls within one of the defined sectors and meets the thresholds set by the Government, if so, requires governmental approval to the transaction. If a party dealing with a notifiable transaction proceeds without Government approval, the transaction will be void and the parties involved may face civil and criminal penalties including up to two years’ imprisonment or fines of up to £10 million or 5% of turnover (whichever is higher).

How long does the Governmental approval take?

Once a notification form is submitted, the Government aims to reply within five working days to confirm whether the form has been accepted for review. If accepted, the review period will take up to 30 working days. The Government may extend this period if additional review is required.

How can we help?

If you have any questions about the NSI Act or whether your transaction may trigger a mandatory notification under the NSI Act, please feel free to get in touch with our Corporate & Commercial team.

Missed and untreated fracture claims: What you need to know

Posted on 7 May 20257 May 2025 by Sarah O'Sullivan

Fractures and broken bones are among the most common injuries, with the average person expected to experience two in their lifetime. They typically occur in the collarbone, wrist, ankle, arm, or hip.

When diagnosed and treated promptly, most fractures heal well—often within three months, even in more complex cases. However, delays in diagnosis or improper treatment can result in serious complications. This is where medical negligence can arise, and you may be eligible to bring a missed fracture compensation claim.

The importance of prompt diagnosis and treatment

Fractures should be treated quickly to avoid long-term complications. For instance:

Bones should ideally be realigned within three weeks of the injury.
By six weeks, the bones typically begin to fuse, making realignment difficult without re-breaking the bone.

A delay in diagnosis or treatment can lead to improper healing (malunion), requiring further medical intervention and potentially causing permanent issues.

Why are fractures sometimes missed?

While many fractures are clearly visible following a fall or trauma, others are more subtle.

Common symptoms of a fracture

Being aware of the signs of a fracture can help prevent delays in seeking treatment. Key symptoms include:

Swelling and bruising around the affected area
Sharp or intense pain, particularly when moving
Difficulty bearing weight or reduced mobility
Tingling or numbness (if nerves are affected)
Visible deformity or abnormal positioning (angulation)
A grinding or crunching sound when moving (crepitus)

When to seek medical attention

If you experience any of the symptoms above, it’s crucial to seek prompt medical attention. Your GP or hospital should arrange an X-ray to confirm the presence of a fracture.

Depending on the severity, treatment may involve:

Immobilisation with a cast or brace
Realignment of the bone (manually or surgically)
Surgery in more complex or unstable cases

What happens if a fracture is left untreated?

Untreated fractures can lead to a range of complications, including:

Malunion – the bone heals incorrectly, leading to deformity or restricted movement
Infection, especially in the bone or marrow
Nerve or ligament damage
Blood clots
Avascular necrosis – where bone tissue dies due to loss of blood supply
Compartment syndrome, a potentially serious condition caused by pressure build-up in the muscle

In children, the stakes are even higher. Because their bones are still growing, an untreated or misdiagnosed fracture could lead to limb length discrepancies or permanent deformities.

Malunion fractures explained

A malunion occurs when a broken bone heals in the wrong position. This can cause:

Persistent pain
Reduced functionality
Difficulty with movement
Visible deformities

Malunions often require corrective surgery. They may result from delayed diagnosis, improper treatment, or failure to properly align the bone initially.

Compartment syndrome and missed fractures

Compartment syndrome is a serious condition that occurs when swelling or bleeding increases pressure within a muscle compartment, reducing blood flow and damaging nerves and tissue.

This can occur after a fracture, especially if left untreated. If not promptly addressed, it may lead to permanent muscle or nerve damage—and in extreme cases, amputation.

Can I claim compensation for a missed or untreated fracture?

To bring a claim, there must be evidence that:

The medical care you received was substandard, and
This caused you harm, which would have been avoided with proper care.

Time limits apply:

Adults: Three years from the date the alleged negligence occurred or 3 years from the date of knowledge
Children: Three years from their 18th birthday

How much compensation could I claim?

At Tees, we will look at your case individually to ensure that you can get the full amount of compensation the law permits. As your case is unique to your personal circumstances, and the exact situation that your injury occurred and was treated, we cannot tell you exactly how much you can claim at the outset. We will be able to give you a more accurate estimate once we know more about your case.

If you win your claim, the Judicial College Guidelines will guide your compensation amount. Judicial College Guidelines 17th Ed. | Books

Moderate shoulder injury £9,630 to £15,580

Hip or pelvis injury £32,450 to £47,810

Wrist injury £15,370 to £29,900

Modest ankle injury £6,710 to £16,770

Severe ankle injury £38,210 to £61,090

Moderate elbow injury £4,310 to £15,370

How does the medical negligence claims process work?

Medical negligence claims are complex. At Tees, we are experts at helping people navigate this process.

Our team can:

Review your medical records
Obtain expert medical opinions
Gather evidence to support your case
Handle the legal process on your behalf

For more information, read: How to make a medical negligence claim

Economic review April 2025

Posted on 1 May 202514 May 2025 by Sarah O'Sullivan

Key takeaways

The UK economy grew 0.5% in February, driven by strong service and manufacturing sectors despite looming headwinds
Inflation dipped to 2.6% in March, but April’s household bill hikes are expected to reverse the trend
The labour market weakened as vacancies fell, though wage growth remained robust amid cost pressures and job cuts

UK economy returns to growth

Data released last month by the Office for National Statistics (ONS) showed economic growth was stronger than expected in February, although more recent survey evidence suggests this pick-up may prove short-lived as economic headwinds threaten growth prospects.

According to the latest gross domestic product (GDP) statistics, economic output rose by 0.5% in February, the fastest rate of expansion in 11 months. This figure was higher than all forecasts submitted to a Reuters poll of economists, which had pointed to a monthly rise of just 0.1%.

ONS said this stronger-than-expected performance partly reflected robust service sector growth, with computer programming, telecoms and car dealerships all performing well during February. In addition, ONS noted that manufacturing, electronics and pharmaceutical businesses all enjoyed a strong month.

Separately released trade figures for February also showed goods exports to the US hit their highest monthly level since November 2022. Analysts suggested the jump was a clear sign of firms trying to beat the imposition of President Trump’s tariffs.

Survey data, however, shows that those tariffs are now having a detrimental impact on business activity. Last month’s preliminary headline growth indicator from the closely monitored S&P Global/CIPS UK Purchasing Managers’ Index (PMI), for instance, fell to a 29-month low of 48.2 in April, down from 51.5 in March. This left the index significantly below the 50.0 threshold, denoting a contraction in private sector output.

S&P Global Market Intelligence’s Chief Business Economist Chris Williamson said, “The disappointing survey reflects the impact of headwinds from both home and abroad. The biggest concern lies in a slump in exports amid weakened global demand and rising global trade worries, but higher staffing costs have also piled pressure on companies – linked to the National Insurance and minimum wage changes that came into effect at the start of April.”

Inflation rate eases before expected jump

Although last month’s inflation data showed the headline rate at its lowest level for three months, this dip is only expected to prove temporary with an acceleration in price growth likely to resume when April’s data is published later this month.

The latest ONS statistics revealed the Consumer Prices Index (CPI) 12-month rate – which compares prices in the current month with the same period a year earlier – fell to 2.6% in March from 2.8% the previous month. This reading was just below analysts’ expectations, with a Reuters poll pointing to a rate of 2.7%.

ONS noted that March’s decline was largely driven by falling petrol prices and a drop in prices for computer games. The one significant offsetting factor came from the clothing sector, with the price of clothes rising strongly following February’s surprise, unseasonal fall.

Despite this second monthly CPI decline, economists still expect to see a pick-up in inflationary pressures when April’s data is released on 21 May. This predicted jump will largely be driven by a host of household bill increases, which came into effect at the start of last month, as well as price pressures on businesses as they respond to the National Insurance and minimum wage hikes.

Forecasting the future path of inflation, however, has become more complicated with the introduction of Trump’s tariffs. Bank of England (BoE) policymaker Megan Greene recently suggested the tariffs would probably lead to lower rather than higher inflation in the UK, although she did stress big uncertainties still surround the tariff plan, adding “none of us have any idea what they’ll look like when the dust finally settles.”

While such uncertainties undoubtedly create a policy dilemma for the BoE, its interest-rate setting committee is widely expected to sanction another quarter-point rate cut this month, with its decision due to be announced on 8 May.

Markets

As April drew to a close, global markets were digesting fresh data from the States which showed that the economy contracted for the first time in three years during Q1.

The US economy shrank at an annualised rate of 0.3%, as government spending fell and imports surged, with firms racing to get goods into the country ahead of tariffs. The contraction follows robust growth of 2.4% recorded in Q4 2024. The Dow Jones closed the month down 3.17% on 40,669.36, while the tech-orientated NASDAQ closed April up 0.85% on 17,446.34.

On the continent, the Euro Stoxx 50 closed the month 1.74% lower on 5,156.90. In Japan, the Nikkei 225 ended April on 36,045.38, a monthly gain of 1.20%. In the UK, the blue-chip FTSE 100 index closed April on 8,462.77, a loss of 1.40%. The mid-cap focused FTSE 250 closed the month up 1.82% on 19,830.00, while the FTSE AIM closed on 689.93, a gain of 1.16%.

On the foreign exchanges, the euro closed the month at €1.17 against sterling. The US dollar closed at $1.33 against sterling and at $1.13 against the euro.

Gold closed April trading around $3,317 a troy ounce, a monthly gain of over 5%. The price has pulled back from recent all-time highs as geopolitical tensions eased slightly as a result of Trump’s tariff relief orders. Brent Crude closed the month trading at around $61 a barrel, a monthly loss of over 18.00%. The oil price fell at month end as demand concerns weighed.

Index Value (30/04/25) Movement since 31/03/25

FTSE 100 8,462.77 -1.40%

FTSE 250 19,830.00 +1.82%

FTSE AIM 689.93 +1.16%

Euro Stoxx 50 5,156.90 -1.74%

NASDAQ Composite 17,446.34 +0.85%

Dow Jones 40,669.36 -3.17%

Nikkei 225 36,045.38 +1.20%

Retail sales see strong quarterly rise

Official retail sales statistics published last month revealed that sales volumes grew at their fastest rate in nearly four years across the first three months of 2025.

According to the latest monthly ONS figures, retail sales volumes rose by 0.4% in March, defying economists’ expectations of a 0.4% decline. ONS said sales at garden centres were boosted by March’s sunny weather, while demand for clothing and DIY goods also proved to be strong. This left sales across the first quarter as a whole up by 1.6%, the largest three-month growth rate since July 2021.

Data from GfK’s most recent consumer confidence survey, however, suggests sales may not grow so quickly over the coming months. In April, the closely watched gauge of British consumer sentiment fell to its lowest level since late 2023, with GfK saying rising household bills and turbulent global financial markets were behind the drop in confidence.

The latest CBI Distributive Trades Survey found that retailers are also relatively pessimistic about the future outlook. Although the survey’s monthly sales gauge for April was actually higher than the comparable figure for March, respondents said they expect the retail environment to worsen this month reflecting concerns about weak consumer sentiment and global economic uncertainty.

Jobs market continues to weaken

The latest set of UK labour market statistics showed that demand for workers continued to wane in the run-up to April’s National Insurance and minimum wage changes, although pay growth once again remained strong.

Figures published last month by ONS revealed another decline in the overall number of job vacancies. In total, there were 26,000 fewer vacancies reported between January and March 2025, leaving the estimated number of jobs on offer at 781,000. This leaves vacancies 15,000 lower than in the same period in 2020, marking the first time since March to May 2021 that the total has fallen below its pre-pandemic level.

Survey evidence also points to a further softening in demand for labour. Data from April’s S&P Global/CIPS PMI, for example, found job cutting remains ‘aggressive’ across the UK private sector as firms grapple with the twin pressures of decreased workloads and rising payroll costs; survey respondents widely noted that squeezed margins had resulted in the non-replacement of voluntary leavers.

The ONS data, however, did show that wage growth remains strong. Indeed, average weekly earnings excluding bonuses rose at an annual rate of 5.9% in the three months to February, up from 5.8% in the previous three-month period.

All details are correct at the time of writing (01 May 2025)

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

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

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

Hip and knee replacement surgery and medical negligence: What you need to know

Posted on 1 May 202510 May 2025 by Sarah O'Sullivan

Hip and knee replacements are among the most common surgical procedures in the UK. While they are generally successful in improving mobility and reducing pain, complications can occur— particularly in cases where the standard of care falls short and there is medical negligence. In this guide, we explain what joint replacement surgery involves, potential risks, and how patients can take legal action if things go wrong.

What is hip and knee replacement surgery?

Joint replacement surgeries, or arthroplasties, are primarily performed to treat osteoarthritis, gout, and sports injuries. In some cases, rheumatoid arthritis or damage from a fall may also necessitate surgery.

When conservative treatments are no longer effective and joint pain significantly impacts daily life, replacement surgery is often recommended. The aim is to restore pain-free mobility and enhance the patient’s quality of life.

Key statistics:

According to the National Joint Registry (2023):

108,558 primary hip replacement procedures
116,845 primary knee replacement procedures

It is estimated that 1 in 10 people in the UK will need a joint replacement in their lifetime.

Data from NHS England (2023/24) shows:

Hip Replacement: 24.6% of patients reported post-operative issues, 5.7% were readmitted, and 2.3% required further surgery.
Knee Replacement: 27.6% experienced complications, 7% were readmitted, and 3.1% required further surgery.

Note: These statistics may change over time. For the latest data, refer to the National Joint Registry, the Royal College of Surgeons, or the NHS.

Types of joint replacement surgeries

Knee Replacement:

Total Knee Replacement (TKR): Both ends of the joint (thigh bone and shin bone) are replaced.
Partial Knee Replacement (PKR): Only the damaged part of the knee is replaced.

Hip Replacement:

Total Hip Replacement (THR): Both the ball (top of the thigh bone) and socket (part of the pelvis) are replaced.
Partial Hip Replacement: Only the ball is replaced.

Common risks and complications

While joint replacement surgeries are common and generally safe, complications can still occur. Medical negligence claims relating to hip and knee replacement surgeries usually arise because of:

Blood clots & deep vein thrombosis (DVT)

Blood clots can form and travel to the lungs, causing life-threatening blockages.
Failure to prevent or diagnose DVT due to inadequate medication or advice can lead to claims.

Tissue and nerve damage

Poor surgical technique may damage surrounding tissues and nerves.

Prosthesis misalignment

Improperly aligned implants can lead to dislocations and uneven leg lengths, affecting mobility.

Prosthesis failure

Incorrectly fitted or defective implants may fail prematurely.

Infections

Infections at the wound site or around the prosthesis can occur, sometimes due to substandard post-operative care.

Lack of informed consent

Patients must be fully informed of potential risks before consenting to surgery.

Proving medical negligence in joint replacement surgery

Healthcare professionals owe patients a legal duty of care. To make a successful medical negligence claim, you must demonstrate that:

Breach of duty: The medical professional provided substandard care.
Causation: You suffered harm as a direct result.
Financial loss: You incurred financial losses (e.g., lost income, care costs, ongoing treatment).

How Tees can help

Seeking support for a medical negligence claim is a significant and often challenging step. This is why we are here to listen to you, talk through what happened, and help and guide you every step of the way.

Tees offer a complete funding package, including a ‘no win, no fee’ agreement, for the investigation of medical negligence claims – this means that you can run the case safely in the knowledge that if you lose the case, it should not cost you a penny.

Read our comprehensive No Win, No Fee Claims guide for more details.

Eight signs someone is being gaslighted and the UK law explained

Posted on 30 April 202530 April 2025 by Sarah O'Sullivan

Domestic abuse encompasses various forms of harm, both visible and invisible. Let’s look into a form of invisible abuse known as “gaslighting” explore strategies to recognise this and explain how our family law solicitors can support victims.

What is gaslighting?

‘Gaslighting’ is a form of psychological abuse where false information is presented to the victim to encourage them to question their own reality, memory and perception.

The term originates from the film ‘Gas Light’ in 1944. The film follows a husband who slowly manipulates his wife into believing she is losing her mind in order to control her and gain access to her inheritance. The husband subtly dims the gas lights in their home and then denies any change when his wife notices it. He manages to convince her she is imagining things, and eventually she starts to question her own perceptions and sanity.

The aim of the perpetrator is to exert control and power over the victim. Gaslighting is often used by abusers to:
o Undermine the victim’s confidence
o Make them doubt their own memory or judgment
o Isolate them from friends and family
o Gain emotional or psychological control over them

The psychological and emotional impact of gaslighting is significant. The manipulative pattern of behaviour is often subtle and used over time to cause confusion and powerlessness to the victim so that the abuser’s control and power over them increases and they become more dependent on the abuser.

How does gaslighting work?

Identifying signs of gaslighting in a relationship can be challenging as they are often not immediately obvious given it tends to involve a pattern of behaviours. Gaslighting typically involves a series of tactics including the following:

1. Denial and Distortion – “That never happened” “You’re imagining things”
An abuser may deny things they said or did, even if the victim has proof of it. They may make victims question whether they have “misunderstood” something that is obvious, or twist and manipulate events to make themselves the victim.

2. Blame shifting – “This is your fault, not mine”
An abuser may try to shift the blame onto the victim even when they are clearly wrong. They may make the victim feel guilty for addressing their behaviour or tell the victim they are ‘overreacting’ to try to diminish the victim’s justified feelings.

3. Memory manipulation – “You’re remembering it wrong”
An abuser may try to rewrite events to suit their narrative and tell the victim their memory is incorrect, and that the victim’s version of events is irrational or impossible.

4. Projection and deflection – “You’re the one gaslighting”
An abuser may try to deflect their behaviour and accuse the victim of doing what the victim has said they are doing, to shift the focus away from their own actions.

5. Minimising feelings – “You’re being dramatic”
An abuser may try to downplay victim’s emotions and feelings and try to argue the victim is exaggerating or make them feel ashamed for expressing their feelings.

6. Triangulation – “Even your friends think you are being irrational”
An abuser may try to involve friends and family to back up their version of events, with the aim to isolate the victim into feeling like everyone is against them.

7. Nonengagement – “I don’t want to talk about this again”
An abuser may refuse to engage in conversations about their behaviour and may try to undermine the victim’s feelings by acting bored or annoyed when victim tries to express their feelings. This is also known as ‘stonewalling’.

8. Disingenuous concern or support – “I am only saying this because I care about you”
An abuser may try to fake kindness to manipulate behaviour and exert control over the victim, making it seem like their control is for the victim’s “own good”.

Is gaslighting a form of abuse?

Yes, gaslighting has been recognised as a form of domestic abuse for years. However, in 2015 under section 76 of the Serious Crime Act 2015 created the specific offence of “controlling or coercive behaviour in an intimate or family relationship”. Therefore, if used repeatedly and it has a serious effect on the victim, gaslighting can be a criminal offence. In January 2022, the term ‘gaslighting’ was acknowledged for the first time in the High Court. This judgment was welcomed by family law practitioners as whilst coercive control has been a criminal offence since 2015, by actually referring to ‘gaslighting’ in its own right, the family court acknowledged the severity and legitimacy of this form of domestic abuse, and it is now a term commonly adopted in the family courts.

Often victims of domestic abuse worry they may not be believed if there is no physical evidence and so they are reluctant to come forward. However, the family courts are increasingly recognising non-physical forms of domestic abuse, and this has led to an increased awareness and understanding of non-physical forms and better support and legal protections for victims of such abuse.

How can we help?

At Tees, our family law specialists have a great deal of experience securing protection for victims of domestic abuse. We help our clients apply to the family court for court orders to protect them and we support them through this process. We work alongside domestic abuse organisations, charities, and counsellors to ensure our clients gain the protection and support they need.

If you or anyone you know requires advice or would like to discuss matters, please do get in touch. If you are in immediate danger from domestic abuse, please dial 999.

For further information about domestic abuse and how we can help, please visit our article: Domestic abuse

Lets talk directors duties: What SME directors should not ignore

Posted on 14 April 202524 April 2025 by Sarah O'Sullivan

Becoming an SME (Small and Medium-sized Enterprise) in today’s world can be incredibly exciting! The idea of starting a business and watching it blossom into something successful, knowing you’ve curated the business you want is fulfilling. But with success comes great responsibility.

Why Directors duties matter

One of the most important yet often overlooked responsibilities when operating as a UK limited company, is understanding directors’ duties. While the term might sound like a corporate “buzzword”, it is far from it. Running a small or medium-sized enterprise at times can be overwhelming particularly having to wear so many different hats -which is generally the life of an SME business owner, and so understanding your directors’ duties is crucial to running a healthy and sustainable business.

Whether you’re an individual business owner or a team of directors, once you step into the role of directorship you owe legal and fiduciary duties to your company which are set out in law under the Companies Act 2006.

The 7 general (formally referred to as statutory duties) duties of a director

Duty to act within powers: a director must act in accordance with its company’s constitution and governance documents and only exercise powers for the purposes for which they are conferred.
Duty to promote the success of the company: a director must act in a way they consider, in good faith, would be most likely to promote the success of the company for the benefit of its members as a whole, but they are also obliged to pay attention to the interests of the company’s employees, the need to foster business relations, the long-term consequences of the company’s actions, the impact on the community and the environment, the desirability for maintaining a reputation for high standards and in certain circumstances the interests of its creditors.
Duty to exercise independent judgment: a director must make decisions independently, without subordinating their powers or being influenced by others.
Duty to exercise reasonable care, skill, and diligence: a director must perform their role to the standard of a reasonably diligent person with the same level of skill and knowledge of that expected from the role.
Duty to avoid conflicts of interest: a director must not place themselves in a position where there is a conflict between the duties they owe to the company, and either their personal interest or third-party interests (unless the company consents).
Duty to declare interest in a proposed transaction: a director must declare to the board if they have any personal interest in a company transaction.
Duty not to accept benefits from third parties: a director must not accept gifts or personal benefits that could compromise their impartiality.

In addition to the above:

The duty to promote the success of the company is subject to any enactment or rule of law which requires directors to consider or act in the interests of its creditors (“creditor duty”) which is important to consider in the context of insolvency. If a company becomes insolvent a director has a fiduciary duty to act in the best interest of its creditors.
Directors have other administrative statutory duties to the company such as the obligation to keep the statutory books updated and to file accounts and annual returns. A company’s constitutional document can go further to extend certain obligations and also modify certain rules, therefore it is important that a director understands these and how they influence their duties.

What is the impact of not complying?

Legal: directors can be held personally liable and despite being a small company and even under resourced this is no exception. Unlike larger corporates, SMEs most likely do not have dedicated departments such as HR, legal, or compliance to prevent poor decision-making, making it even more critical for the business owner to be mindful of their legal responsibilities.
Growth: director’s fiduciary duties to the company are fundamental to ensuring that the company operates properly. Investors and banks will want assurance that their investments are being managed with good governance that contribute to long-term success.
Reputation: upholding directors duties sets a standard to its employees, clients and stakeholders which demonstrates that the business is reliable, trustworthy and a company that carries out its business with ethical decision-making.

Consequences for breaching?

Personal liability: a director could be held personally liable for any losses suffered by the company.
Disqualification: a breach could result in a director being disqualified from acting.
Criminal charges: a breach involving fraud, dishonesty, or trading while insolvent could lead to a director facing criminal prosecution.
Reputational damage: a breach could damage a director’s professional reputation and the company reputation that they have spent time to build.

Can you be protected against liability?

Generally, there is no exemption for a director from liability for negligence, default, breach of duty or breach of trust in relation to the company, neither can a director be indemnified for such claims. Insurance on the other hand is permitted to be taken out to help cover legal costs and potential damages arising from certain claims related to their role.

What can you do now?

It is important for directors to have a clear understanding of their roles and responsibilities as this is fundamental to the operation and longevity of a company. Typically, directors of SME’s are often the key decision makers and do not have the large corporate structure to mitigate poor decision-making, therefore making it essential that directors have a thorough understanding of their duties.

A good starting point is understanding the company’s constitutional documents, including the articles of association, and being fully aware of both legal and financial obligations. Additionally, maintaining detailed records of decision-making including board meetings and resolutions, helps demonstrate governance practices and provides accountability. Directors must also ensure that personal and company interests remain separate, maintaining transparency at all times. In areas of uncertainty we would always recommend seeking legal advice.

What company directors need to know about the Economic Crime and Corporate Transparency Act 2023 (ECCTA)

Posted on 8 April 202524 April 2025 by Sarah O'Sullivan

The Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) gives Companies House new powers to ensure that the information it holds is accurate and not being used to support criminal activity. The Act introduces a range of reforms, with a focus on three key areas:

Key changes introduced by ECCTA

1. Identity Verification
Directors and persons with significant control (PSCs – those holding more than 25% of the shares or voting rights in a company) must verify their identity with Companies House or through an Authorised Corporate Service Provider (ACSP), such as a solicitor or accountant.

2. Information Sharing
The Act encourages greater collaboration between regulated firms, allowing them to share client data more easily where there is a suspicion of economic crime.

3. New Criminal Offences
A new corporate offence of “failure to prevent fraud” will apply to large businesses, not-for-profits, and public bodies. These organisations will be required to put in place measures to prevent fraud being committed by employees or others connected to the business.

Timeline of reforms

While many of the details and timings are still being confirmed, the following key milestones have been announced:

From 25 February 2025

Companies House can now speed up the process of striking off companies formed on a false basis.
Checks can now be carried out on ACSPs authorised to verify identities.

From 8 April 2025

Individuals can voluntarily verify their identity either directly with Companies House or through an ACSP.

By Summer 2025

Individuals will be able to apply to suppress their residential address from public view in certain cases.

By Autumn 2025

Identity verification will become mandatory for all new directors and PSCs when appointed.
A 12-month transition period will begin for existing directors and PSCs to complete their verification.

From 1 September 2025

The new offence of “failure to prevent fraud” takes effect.
- Large companies should assess whether they have appropriate anti-fraud procedures in place.
- A business can be held criminally liable even if management was unaware of the fraud – unless reasonable preventative measures were in place.

By Spring 2026

Identity verification will be required for anyone filing documents at Companies House.
Third-party agents filing on behalf of companies must be registered as ACSPs.
Companies House will be able to reject documents filed by disqualified directors unless submitted through an ACSP.

By End of 2026

All limited partnerships will be required to submit more detailed information for improved transparency.
Companies House will begin enforcement action against directors, PSCs, and RLEs who have failed to verify their identity.

Identity verification – what you need to know

How to Verify Your Identity

From 8 April 2025, individuals can verify their identity:

1. Directly with Companies House
Using the GOV.UK One Login system, individuals can complete the process:

Through the GOV.UK ID Check app,
By answering security questions online, or
In person at a Post Office.

Each method requires photo ID and answering a series of security questions.

2. Through an ACSP
Alternatively, an authorised intermediary (such as a solicitor or accountant) can verify the individual’s identity and confirm the information to Companies House.

What is an ACSP?

An Authorised Corporate Service Provider is:

Registered with a supervisory body for anti-money laundering (AML) purposes; and
Authorised to file documents on behalf of clients whose identities have been verified.

ACSPs must keep records of every identity verification they carry out and may be suspended or removed from the register if they fail to meet their obligations.

Who must verify their identity?

From autumn 2025, identity verification will be mandatory for:

New directors, PSCs and registrable legal entities (RLEs);
Existing directors, PSCs and RLEs (within the 12-month transition period).

failure to comply may result in:

A fine and criminal offence for acting without verified ID;
Directors being prohibited from acting;
The company and its officers committing an offence if they allow unverified individuals to act as directors.

Note: The director’s appointment will still be legally valid, even if they have not verified their identity – but they must not act in the role until verification is complete.

Looking ahead

By spring 2026, Companies House also intends to require identity verification for anyone making filings on behalf of a company.

This summary is based on guidance available as of April 2025. We are monitoring updates from Companies House and will provide further guidance when more information becomes available.

If you have any questions or concerns about how these changes may affect your business, please don’t hesitate to contact us.

Economic review March 2025

Posted on 3 April 202524 April 2025 by Sarah O'Sullivan

Key takeaways

The Chancellor cut welfare and departmental spending to restore a fiscal buffer, but risks to forecasts remain high
Inflation dipped unexpectedly but is expected to rise again due to higher energy, taxes and wage costs
Business and retail activity showed resilience, but weak manufacturing and trade tensions cloud economic prospects

Chancellor trims spending plans

Rachel Reeves delivered her Spring Statement on 26 March, unveiling welfare cuts and spending reductions in order to balance the government’s books in the face of a worsening fiscal outlook.

The new spending plans were required to ensure the Chancellor stays on track to meet her two self-imposed fiscal rules, which she confirmed remain “non-negotiable.” An updated forecast produced by the Office for Budget Responsibility (OBR) had more than wiped out the Chancellor’s previous £9.9bn fiscal buffer announced in last October’s Budget due to a combination of higher debt interest costs and lower economic growth.

Several policy changes announced in the Spring Statement, including welfare reforms and day-to-day departmental spending reductions, restored the buffer back to its October level. The OBR did, however, note that its size remains historically low and that the buffer therefore provides only a small margin of error against the risk of future economic shocks.

Speaking after Ms Reeves delivered her statement, OBR Chair Richard Hughes also acknowledged the precarious nature of economic forecasting and admitted there were many factors that could once again “wipe out” the Chancellor’s fiscal headroom; these include an escalating trade war, a small downgrade to growth forecasts or a rise in interest rates.

This vulnerability was vividly highlighted just hours after the Chancellor finished her speech, with President Trump’s announcement of a new 25% tariff on cars and car parts coming into the US – a move which is widely expected to hit global growth prospects.

Analysis by the Institute for Fiscal Studies (IFS) also concluded that the Chancellor’s headroom is ‘very small.’ IFS Director Paul Johnson added there was a “good chance” economic forecasts would deteriorate significantly before the Autumn Budget which could leave the government facing months of damaging speculation about what taxes might need to be increased.

Inflation dips but fresh climb predicted

While the latest batch of inflation statistics did reveal a larger than expected monthly decline in the headline rate, economists continue to warn that price rises are likely to accelerate again soon.

Figures published last month by the Office for National Statistics (ONS) showed the Consumer Prices Index (CPI) 12-month rate – which compares prices in the current month with the same period a year earlier – dropped to 2.8% in February from 3.0% the previous month. This rate was just below economists’ expectations, with a Reuters poll predicting a reading of 2.9%.

ONS said February’s decline was primarily driven by lower clothing and footwear prices which fell for the first time in over three years, partly due to an unusually high number of sales during the month. This unseasonal clothes discounting offset small price increases from a number of other categories, including alcoholic drinks.

Despite the monthly dip, economists still expect a fresh pick-up in the CPI rate over the coming months. Indeed, a number of near-term price rises, such as energy, Council Tax and water bill increases, are already baked in, while surveys suggest many businesses will look to raise prices in response to April’s National Insurance and Living Wage increases.

Last month also saw interest rates remain on hold, following the latest meeting of the Bank of England’s interest-rate setting committee. At its 19 March meeting, the Bank’s nine-member Monetary Policy Committee (MPC) voted by an 8-1 majority to leave Bank Rate unchanged at 4.5%; the one dissenting voice preferred a 0.25 percentage point reduction.

Commenting after announcing the decision, Bank Governor Andrew Bailey said he still believed rates were on a “gradually declining path” but noted that increasing geopolitical and global trade uncertainties meant the Bank would have to be “careful” when considering future cuts. The next MPC announcement is scheduled for 8 May.

Markets

At the end of March, concerns weighed on financial markets, days before Donald Trump’s tariff plans are due to take effect. Investors are braced for a broad set of tariffs, set to be unveiled on April 2 – described as ‘Liberation Day’ by the President.

In the UK, the FTSE 100 index closed the month on 8,582.81, a loss of 2.58%. The mid-cap focused FTSE 250 closed the month down 4.19% on 19,475.48, while the FTSE AIM closed on 681.99, a loss of 3.10%.

Across the pond, the Dow closed March down 4.20% on 42,001.76, while the tech-orientated NASDAQ closed the month down 8.21% on 17,299.29. On the continent, the Euro Stoxx 50 closed March 3.94% lower on 5,248.39. In Japan, the Nikkei 225 ended the month on 35,617.56, a monthly loss of 4.14%.

On the foreign exchanges, the euro closed the month at €1.19 against sterling. The US dollar closed at $1.29 against sterling and at $1.08 against the euro.

Brent Crude closed March trading at around $74 a barrel, a monthly gain of just over 7.0%. Oil moved higher after Donald Trump suggested that the US could impose secondary tariffs on Russia, a major exporter. The OPEC+ producer’s crude exports hit a five-month high in March. Gold closed the month trading around $3,149 a troy ounce, a monthly gain of almost 10.00%. The gold price reached a trading high on 31 March as concerns intensified over an escalating trade war, prompting investors to flock to the safe-haven asset.

Index	Value (31/03/25)	Movement since 28/02/25
FTSE 100	8,582.81	-2.58%
FTSE 250	19,475.48	-4.19%
FTSE AIM	681.99	-3.10%
Euro Stoxx 50	5,248.39	-3.94%
NASDAQ Composite	17,299.29	-8.21%
Dow Jones	42,001.76	-4.20%
Nikkei 225	35,617.56	-4.14%

Survey reports uptick in business activity

Although the latest monthly economic growth statistics did reveal an unexpected contraction at the start of the year, more recent survey evidence points to a “modest expansion” in March.

Figures published last month by ONS showed the UK economy shrank by 0.1% in January, driven by a sharp decline in manufacturing output; in contrast, a Reuters poll had predicted a monthly growth rate of 0.1%, following December’s 0.4% expansion. While ONS said the economy was still estimated to have grown by 0.2% across the three months to January, it also noted the overall picture was one of ‘weak growth.’

Data from the recently released S&P Global/CIPS UK Purchasing Managers’ Index (PMI) does point to a subsequent pick-up in activity, with March’s preliminary headline growth indicator hitting a six-month high of 52.0. This upturn, though, was driven by only small pockets of growth, most notably in financial services, with manufacturers continuing to struggle.

S&P Global Market Intelligence’s Chief Business Economist Chris Williamson said, “The signal from the flash PMI is an economy eking out a modest expansion in March, consistent with quarterly GDP growth of just 0.1%. However, just as one swallow does not a summer make, one good PMI doesn’t signal a recovery.”

Retail sales unexpectedly rise

The latest official retail sales statistics showed that sales volumes defied analysts’ expectations by rising in February, while survey evidence points to a continuing modest pick-up in consumer sentiment.

Figures released last month by ONS revealed that retail sales volumes grew by 1.0% in February, with broad-based strength reported across all major categories except food stores sales. This loosening of consumer purse-strings came as a surprise to most analysts, with a Reuters poll of economists actually predicting a 0.4% monthly contraction.

Data from GfK’s most recent consumer confidence survey also reported further modest improvement in the overall level of consumer sentiment. While March’s headline figure remained below the survey’s long-run average of -10, consumer morale was buoyed by greater optimism in economic prospects and ticked up to a three-month high of -19.

Evidence from the latest CBI Distributive Trades Survey, however, shows the retail environment remains challenging. According to the survey, annual sales volumes fell ‘markedly’ in March with retailers predicting a further decline, albeit at a slower pace, in April too. Firms across the retail and wholesale sectors suggested ‘global trade tensions,’ as well as last Autumn’s Budget decisions, were weighing on confidence and leading to a reduction in demand.

All details are correct at the time of writing (01 April 2025)

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

Autism support: Workplace and school adjustments guide

Posted on 2 April 202517 April 2025 by Sarah O'Sullivan

Understanding the behaviours associated with Autism, as well as implementing reasonable adjustments, is essential for helping those with Autism thrive in the workplace and in education. By improving awareness and accessibility, we can help neurodivergent individuals thrive and reduce stigma around Autism in professional and academic settings.

What is autism?

Autism is a lifelong neurodivergence that affects how individuals experience and interact with the world. According to the National Autistic Society, “Autism influences how people experience and interact with the world. It is a lifelong neurodivergence and disability. Autistic people are different from each other, but for a diagnosis they must share differences from non-Autistic people in how they think, feel, and communicate.”
As a spectrum condition, Autism affects those differently. While Autistic individuals share certain characteristics some may have difficulty with social interactions, others may struggle with sensory sensitivities, such as sensitivity to noise, light, or touch.

Is autism a disability?

While Autistic people differ in terms of how they prefer to be described (some may prefer the term ‘neurodiverse’, for example), for legal purposes Autism is classed as a disability under the Equality Act 2010. This means that employers are required to make reasonable adjustments to support Autistic employees. Providing equal opportunities for Autistic individuals ensures that they are treated fairly in the workplace and beyond.

How does Autism affect work?

Autistic employees may experience challenges in workplace interactions and adapting to changes Sensory sensitivities like light and noise can make busy office environments overwhelming, while some may react strongly to being touched by others or smells in the office. This can lead to being stressed or overwhelmed when confronting a difficult or unfamiliar situation.

Can Autistic people work?

With the right support in place, people with Autism are able to enter the workplace and thrive.

Many Autistic individuals thrive in structured environments with clear expectations. Employers can build inclusive work environments by understanding and recognising the behaviors associated with Autism and consider what reasonable adjustments could be made to help.

Reasonable adjustments for Autistic employees?

Employers can introduce simple yet effective adjustments to support Autistic employees. In return, you could be rewarded with a diligent, highly effective worker who is an asset and really has something to contribute to your business.

Common reasonable adjustments may include:

Structured Induction Process – Carrying out a highly detailed induction process outlining exactly what they will be doing day-to-day and what their responsibilities will be.
Routine and Predictability – Offering a weekly schedule, detailing what they will be doing in the mornings and afternoons, what time lunch is, when they may leave, and any scheduled meetings. This will help them settle into a routine and reduce their anxiety.
Sensory Adjustments – Providing noise-canceling headphones, separate quiet workspaces, or adjustable lighting.
Training – Educating staff on neurodiversity including how to interact and support Autistic individuals in the workplace.
Flexible Working Arrangements – Allowing remote work or flexible hours to accommodate sensory sensitivities (for example, allowing your employee to start work later to avoid travelling during rush-hour, or permitting them to work from home on days they may be feeling particularly anxious).
Mentorship Programs – Assigning a mentor to provide guidance and support.

This list is by no means exhaustive, not all Autistic employees will require the same adjustments, as Autism presents differently in each individual.

How does Autism affect learning?

In education, Autistic students may face challenges with communication, social interactions, and sensory sensitivities.

Some may have delayed speech development and difficulty communicating with teachers and fellow pupils, while others may have advanced verbal skills but struggle with non-verbal communication.

Many also struggle to follow directions and understand what they are being asked to do, while some will find it difficult to understand their teachers’ and peers’ body language and facial expressions. They may also be very reluctant to try new things, or have fixed, narrow interests that make it difficult for them to branch out and enjoy new learning experiences.

School is also a highly social environment and Autistic children can become distressed and anxious when put in situations where they have to communicate with their classmates. They may struggle with group activities, particularly those involving imaginative or creative play. Pupils with sensory processing difficulties may struggle in a noisy classroom or playground environment, while others may dislike other children touching them. If they become overwhelmed, they may develop symptoms such as headaches, anxiety, panic attacks or aggression.

How can teachers support Autistic students?

Teachers play a crucial role in creating an inclusive learning environment. Good communication is key when supporting an Autistic pupil, and you may have to communicate differently with an Autistic child than you would a neurotypical child. Strategies include:

Clear Instructions – Instead of general instructions like “tidy the classroom,” provide specific tasks such as “put the pencils in their pots and come back when finished.”
Visual Aids – Using visual schedules, sign language, or other non-verbal cues to support communication.
Routine and Structure – Establishing a consistent daily routine to reduce anxiety.
Flexible School Policies – Allowing uniform modifications or noise-canceling headphones for sensory-sensitive students.
Quiet Spaces – Providing a designated area where students can retreat if overwhelmed.
Adjustments to Class Schedules – Allowing staggered start times or early class exits to avoid crowded hallways.

If a teacher requires upskilling to enable them to more effectively support a child with Autism, it could be extremely useful to find out about opportunities for training on how to support and communicate with Autistic children.

Sensitive and caring Employment and Education Law legal advisers

No two Autistic individuals are the same. Employers and educators should work closely with Autistic employees, students, and their families to tailor adjustments that best meet their needs.

If you are an employer, employee, student, or parent seeking guidance on neurodiversity accommodations, our Employment and Education Law specialists are here to provide expert advice. We are committed to ensuring fair treatment and accessibility in workplaces and schools for Autistic individuals as well as those with ADHD, Dyslexia, Dyspraxia and more.

By adopting an inclusive environment through awareness and adjustments, we can help push neurodivergent individuals to succeed in their careers and education.

Speak with one of our employment law or education solicitors today to discuss how we can support you.

Workplace stress: A legal and ethical imperative for employers

Posted on 2 April 202517 April 2025 by Sarah O'Sullivan

April marks Stress Awareness Month, a timely reminder for employers to address workplace stress, not just as a productivity concern but as a legal and ethical responsibility. Stress in the workplace can lead to burnout, reduced efficiency, and increased absenteeism. However, beyond these operational challenges, failing to address workplace stress may expose employers to legal risks too.

The legal implications of workplace stress

Under the Health and Safety at Work Act 1974, employers have a duty of care to ensure the health, safety, and welfare of their employees. This includes taking reasonable steps to mitigate workplace stress.

Additionally, the Equality Act 2010 protects employees from discrimination related to mental health conditions that may, depending on the circumstances, qualify as disabilities. Failing to make reasonable adjustments for employees with disabilities could result in claims alongside allegations of unlawful discrimination, constructive dismissal, or personal injury. Doing the right thing, in compliance with the rules, and documenting this, are key to being able to defend any claims or complaints that may be asserted against a business.

Common workplace stressors and employer responsibilities

Stress in the workplace can arise from multiple factors, including:

Excessive workload and unrealistic deadlines
Poor management and lack of support
Unclear job roles and expectations
Workplace bullying or harassment
Job insecurity and organisational change

Employers should proactively identify and mitigate these possibilities. Risk assessments under the Management of Health and Safety at Work Regulations 1999 should include stress-related factors and ensure appropriate measures are in place.

Mitigating stress: Best practices for employers

To comply with employment law and foster a productive work environment, we recommend employers consider implementing the following amongst the range of steps that they may follow:

Conduct regular stress audits – Employers should assess workplace stress levels through employee surveys, one-on-one meetings, and risk assessments. Early identification helps prevent escalation.

Establish clear policies and procedures – Having a stress management policy ensures employees know their rights and where to seek support. A zero-tolerance policy on workplace bullying is also crucial.

Support employee well-being – Provide mental health training for managers to recognise signs of stress. Encourage a work-life balance, offering flexible work arrangements where possible. Implement Employee Assistance Programs (EAPs) for confidential mental health support.

Support employee well-being – Ensure reasonable adjustments are made where applicable and appropriate. For employees experiencing stress-related health conditions, employers should make reasonable adjustments where appropriate such as reduced workloads, additional breaks, or changes in responsibilities. Note that the duty under the Equality Act, where applicable, is to make “reasonable” as opposed to all/any changes and what is reasonable will depend on factors such as the size and resources of the organisation in question.

Foster a positive work culture – Encourage open communication about mental health without stigma. Recognise and reward employees for their efforts to reduce undue pressure. Promote team-building activities to enhance morale and collaboration.

Conclusion

Workplace stress is more than an HR challenge—it is a legal and ethical responsibility. Employers who fail to manage stress effectively risk not only employee dissatisfaction and turnover but also legal repercussions under UK employment law. By taking proactive steps, businesses can create a supportive work environment, reduce absenteeism, and enhance overall productivity—ensuring compliance while prioritising employee well-being.

At Tees, our Employment Law team can conduct a comprehensive audit of your HR systems to ensure they are fair, reasonable, and compliant with legal obligations. By reviewing workplace policies, risk assessments, and stress management procedures, we help safeguard employee well-being while protecting your business from potential legal risks. Our expert team can identify areas for improvement, implement best practices, and ensure your policies align with employment law standards—creating a healthier, more resilient workplace.

This Stress Awareness Month, take action to safeguard your workforce. A healthier workplace is a legally sound and more successful one.

What is the Duty of Candour policy in the UK?

Posted on 27 March 20259 May 2025 by Sarah O'Sullivan

To comply with the Duty of Candour, healthcare providers must adopt an approach of openness and transparency with their patients, particularly when something goes wrong with their care or treatment.

When errors occur, patients and their families can expect to be informed honestly about what happened, what can be done to deal with any harm caused and what will be done to prevent a recurrence to someone else.

Professional Duty of Candour

Every health and care professional must be open and honest with patients and people in their care when something that goes wrong with their treatment or care causes, or has the potential to cause, harm or distress. This is an individual duty on each health care provider.

Role of professional bodies in enforcing the duty

Regulators of specific healthcare professions oversee the professional duty of candour. These include:

The General Medical Council (GMC)
The Nursing and Midwifery Council (NCM)
The General Dental Council (GDC)

Failure to adhere to the duty of candour may result in disciplinary action being taken.

Examples of professional duty in practice

As soon as the professional realises something has gone wrong with the care of a patient, they should:

speak to the patient or family members face-to-face
provide a true account of what has happened, allowing time for any questions
say sorry – this is always the right thing to do and is not an admission of liability
take action to put things right where possible
document the incident and actions taken in writing

Statutory Duty of Candour

This duty applies to the organisations that provide healthcare services. It is a legal obligation on organisations to be open and transparent with people using their services in relation to their treatment or care.

This duty is set out under Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

Key elements of the statutory duty

The statutory duty is triggered by a “notifiable safety incident” which is an unintended or unexpected incident that occurred during the provision of care or treatment that could or appears to have resulted in the following outcomes: (in the reasonable opinion of the healthcare professional)

Death that is directly related to the incident
Severe harm
Moderate harm (harm that requires a moderate increase in treatment and significant but not permanent harm)
Prolonged psychological harm (continuous period of psychological harm for 28 days)

When something qualifies as a notifiable safety incident, a conversation must begin with the patient who was harmed, or their family, as soon as is reasonably practicable. The healthcare provider should:

Tell the patient face-to-face that a notifiable safety incident has taken place
Say sorry
Provide a true account of what happened and explain what further investigations may take place
Follow up by providing this information and the apology in writing and providing updates
Keep a written record of all communications and meetings

They should offer the patient practical support, such as providing an interpreter if needed, and emotional support such as counselling.

Consequences of failing to comply with the duty

It is an offence for a Care Quality Commission (CQC) regulated organisation to fail to comply with the duty. Failure can result in enforcement activity ranging from warning or requirement notices to criminal prosecutions.

The difference between statutory and professional Duty of Candour

The statutory duty of candour applies to organisations rather than individuals and covers all providers regulated by the CQC.

The professional duty of candour is an individual duty that applies to all registered healthcare professionals.

The statutory duty also contains specific requirements for notifiable safety incidents.

NHS Employers have responded to the consultation on the regulation of NHS managers welcoming the introduction of a new professional duty of candour on NHS leaders.

A Commitment to Agricultural Excellence

Which entities and assets are covered by NSI Act?

Which areas are covered under NSI Act?

What types of acquisitions are covered under NSI Act?

Does the NSI Act apply to overseas acquisitions?

How long does the Governmental approval take?

How can we help?

Fractures and broken bones are among the most common injuries, with the average person expected to experience two in their lifetime. They typically occur in the collarbone, wrist, ankle, arm, or hip.

The importance of prompt diagnosis and treatment

Why are fractures sometimes missed?

What happens if a fracture is left untreated?

Can I claim compensation for a missed or untreated fracture?

How much compensation could I claim?

How does the medical negligence claims process work?

We’re here to help

Key takeaways

UK economy returns to growth

Data released last month by the Office for National Statistics (ONS) showed economic growth was stronger than expected in February, although more recent survey evidence suggests this pick-up may prove short-lived as economic headwinds threaten growth prospects.

Inflation rate eases before expected jump

Markets

Index Value (30/04/25) Movement since 31/03/25

Retail sales see strong quarterly rise

Jobs market continues to weaken

What is hip and knee replacement surgery?

Types of joint replacement surgeries

Common risks and complications

Proving medical negligence in joint replacement surgery

How Tees can help

Domestic abuse encompasses various forms of harm, both visible and invisible. Let’s look into a form of invisible abuse known as “gaslighting” explore strategies to recognise this and explain how our family law solicitors can support victims.

What is gaslighting?

How does gaslighting work?

Is gaslighting a form of abuse?

How can we help?

Becoming an SME (Small and Medium-sized Enterprise) in today’s world can be incredibly exciting! The idea of starting a business and watching it blossom into something successful, knowing you’ve curated the business you want is fulfilling. But with success comes great responsibility.

Why Directors duties matter

The 7 general (formally referred to as statutory duties) duties of a director

What is the impact of not complying?

Consequences for breaching?

Can you be protected against liability?

What can you do now?

The Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) gives Companies House new powers to ensure that the information it holds is accurate and not being used to support criminal activity. The Act introduces a range of reforms, with a focus on three key areas:

Key changes introduced by ECCTA

Timeline of reforms

Identity verification – what you need to know

What is an ACSP?

Who must verify their identity?

Looking ahead

Key takeaways

Chancellor trims spending plans

Inflation dips but fresh climb predicted

Markets

Index

Value (31/03/25)

Movement since 28/02/25

Survey reports uptick in business activity

Retail sales unexpectedly rise

What is autism?

Is autism a disability?

How does Autism affect work?

Can Autistic people work?

Reasonable adjustments for Autistic employees?

How does Autism affect learning?

How can teachers support Autistic students?

Sensitive and caring Employment and Education Law legal advisers

The legal implications of workplace stress

Common workplace stressors and employer responsibilities

Mitigating stress: Best practices for employers

Conclusion

Professional Duty of Candour

Role of professional bodies in enforcing the duty

Examples of professional duty in practice

Statutory Duty of Candour

Key elements of the statutory duty

Consequences of failing to comply with the duty

The difference between statutory and professional Duty of Candour