Insights Archives

Modernising fertility law: HFEA’s proposals

Posted on 2 November 202322 March 2025 by Sarah O'Sullivan

In November 2023, the Human Fertilisation and Embryology Authority (HFEA) outlined a series of recommendations to modernise fertility laws in England and Wales. These reforms aim to enhance patient care, ensure legal clarity, and keep pace with advancements in reproductive science.

Why reform is needed

The HFEA, as the regulator of fertility treatment in the UK, plays a critical role in protecting patients. Since the introduction of the Human Fertilisation and Embryology Act in 1990, fertility law has faced challenges due to outdated legislation. Judges in family law courts often have to interpret the law, leading to inconsistent outcomes, particularly regarding legal parenthood.

The HFEA’s recommendations address these gaps by focusing on four key areas:

Patient Safety and Best Practices
Access to Donor Information
Consent
Scientific Developments

Enhancing patient safety and best practices

To strengthen patient protection, the HFEA proposes stricter regulatory controls and expanded enforcement powers for licensed clinics. This would ensure clinics meet high standards of care, reducing the risk of legal complications for families undergoing fertility treatment.

Improving access to donor information

Recent legislative changes have enabled donors to access information on previously anonymous donations. The HFEA recommends providing donors with mandatory implications counselling before treatment. Additionally, clinics would be required to offer clear guidance to both donors and recipients on the implications of accessing this information.

Addressing consent complexities

Current laws surrounding consent for fertility treatment, embryo storage, and embryo use are ambiguous. Judges often face difficult decisions in cases involving consent disputes, particularly in situations of relationship breakdown or posthumous conception. The HFEA’s proposals call for clearer legal definitions to protect all parties and provide greater certainty for families.

Embracing scientific developments

With rapid advancements in reproductive technology, the HFEA also advocates for more flexibility in the law. Granting the HFEA greater discretion to adapt regulations in response to scientific progress will ensure the legal framework remains relevant and responsive.

The need for timely legal reform

Since its introduction, the Act has only undergone one significant update in 2008, which expanded parental rights for same-sex female couples. While this was a positive step, it also introduced complexities in legal parenthood determination. Many families face uncertainty and legal challenges due to the outdated framework.

Despite increasing calls for reform, including on the HFEA’s 30th anniversary in 2020, progress remains slow. As fertility treatments become more common, modern legal protections are essential to reflect the diverse family structures of today.

How Tees Law can help

At Tees Law, we frequently assist parents navigating the legal aspects of fertility treatment. From reviewing documentation to ensuring legal parenthood is established, our experts provide comprehensive support. We also offer guidance on consent and storage disputes, particularly during family breakdowns.

Furthermore, our clinical negligence team welcomes the HFEA’s emphasis on patient safety. Enhanced regulatory oversight can prevent instances where clinic errors lead to complex legal battles over parenthood.

Conclusion

While legislative changes are yet to be implemented, the HFEA’s recommendations represent a positive step toward safeguarding patients and modernising fertility law. At Tees Law, we support these efforts and remain committed to helping families achieve legal security and peace of mind throughout their fertility journeys.

For expert legal support on fertility law and parental rights, contact our team today.

Pregnancy and maternity discrimination: Know your rights

Posted on 1 November 202322 March 2025 by Sarah O'Sullivan

If you’ve been dismissed, treated unfairly, or disadvantaged at work because of pregnancy or maternity, you may have a claim for discrimination or unfair dismissal. Understanding your rights is crucial to protecting yourself in the workplace.

What is Pregnancy and Maternity Discrimination?

Pregnancy and maternity discrimination occurs when an employer treats an employee unfairly due to pregnancy, maternity leave, or the assertion of related rights. This can happen at various stages, including:

When you inform your employer about your pregnancy
During a job interview while pregnant
Throughout your maternity leave

If you face unfair treatment after your maternity leave ends, it may still be unlawful under sex discrimination laws.

Examples of Pregnancy and Maternity Discrimination

Discrimination at Job Interviews

You are not obligated to disclose your pregnancy during an interview.
Employers cannot ask about your pregnancy or family plans.
Your pregnancy should not impact the hiring decision.

Promotion Opportunities

Pregnancy or maternity leave should not affect your chances of promotion.
Employers should inform you about promotions and provide fair opportunities.

Pay During Pregnancy and Maternity Leave

Your salary may change only when you begin maternity leave.
You may receive statutory maternity pay or contractual maternity pay.
Benefits and annual leave should continue to accrue during maternity leave.

Training and Development

You should be kept informed about training opportunities.
Employers should work with you to schedule training at suitable times.

Redundancy During Pregnancy or Maternity Leave

It is illegal to make you redundant due to pregnancy or maternity leave.
If redundancy is necessary, employers must consider you for suitable alternative roles.
You have enhanced protection from redundancy while on maternity leave.

Pregnancy-Related Illness

Employers should support you if you need time off due to pregnancy-related illness.
Pregnancy-related absences should not result in disciplinary action.

Ante-Natal Appointments

You are entitled to paid time off for ante-natal appointments.
Employers cannot require you to use annual leave for these appointments.

Performance Management During Pregnancy

Employers must be understanding of any pregnancy-related impact on your performance.
Supportive adjustments should be made where necessary.

Dismissal During Pregnancy or Maternity Leave

Dismissal based on pregnancy or maternity is unlawful.
Seek legal advice if you face unfair dismissal.

Returning to Work After Maternity Leave

You are entitled to return to your original role or a suitable alternative.
Employers cannot pressure you into accepting unsuitable changes.
You have the right to request flexible working after 26 weeks of employment.

Victimisation and Your Rights

If you assert your rights and face retaliation, such as exclusion from opportunities or receiving a poor reference, this is known as victimisation. Legal support is essential in these situations.

Understanding the Protected Period

The “protected period” covers from the start of your pregnancy until the end of your maternity leave or your return to work, whichever is earlier. Unfair treatment during this period is unlawful. Afterward, you may still have a claim if the treatment stems from actions taken during the protected period.

How to Make a Pregnancy Discrimination Claim

Seek specialist legal advice to understand your rights.
Claims typically go through an employment tribunal.
The deadline for making a claim is three months minus one day from the discriminatory act.
You must contact the Advisory, Conciliation and Arbitration Service (ACAS) for Early Conciliation before filing a claim.

Contact Our Employment Law Solicitors

If you believe you have experienced pregnancy or maternity discrimination, our experienced employment law solicitors are here to help. We offer clear, expert guidance to support your claim.

Call us at 01245 293197 for a no-obligation consultation or complete our online enquiry form. Let us help you protect your rights and navigate your legal options confidently.

Unravelling the diagnosis: What is Dyslexia?

Posted on 11 October 202321 March 2025 by Sarah O'Sullivan

This may feel like a question that you already know the answer to, Dyslexia is widely understood to be nothing more complex than a struggle with reading and writing. However, Dyslexics, their family, and friends know that Dyslexia is far more pervasive, and they want you to know that too.

The Rose Definition

“Dyslexia is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling. Characteristic features of dyslexia are difficulties in phonological awareness, verbal memory and verbal processing speed. Dyslexia occurs across the range of intellectual abilities. It is best thought of as a continuum, not a distinct category, and there are no clear cut-off points. Co-occurring difficulties may be seen in aspects of language, motor co-ordination, mental calculation, concentration, and personal organisation, but these are not, by themselves, markers of dyslexia.”

So, clearly, although difficulty with reading and writing is common to most Dyslexics, it’s far from the whole picture, and this is often lost in the wider understanding of the condition.

(The irony is not lost that the word ‘Dyslexia’ being so difficult to spell is compounded by its lengthy definition!)

The Dyslexic Continuum

So, what’s the problem of having a simplified understanding of Dyslexia being in the mainstream?

Take this example; the parents of a little girl with (seemingly) functional reading and writing skills may overlook her difficulties with following instructions, organising herself, and starting her work. They may not consider that these difficulties are symptomatic of Dyslexia and that targeted specialist intervention may be necessary to ensure that the little girl achieves.

This little girl’s willpower and creative approach to learning might see her happily and successfully through her early education. But, as the demands of the curriculum increase, the gap between her and her peers starts to widen (to the confusion of all around her). She may well leave education frustrated, disengaged, and with mental health difficulties, having only achieved a fraction of what she would have been capable of with the right support. Children with learning disabilities are four and a half times more likely to have a mental health problem than children without a learning disability.

What can we do?

Whether you’re at the start of the process: wondering if your child needs extra help and provision at school, or if your child has an Education, Health, and Care Plan (EHCP) and you’re worried that it’s not robust enough then we can help.

At Tees, we know that all children are different and cannot be distilled down to a list of diagnoses. Everyone’s experience of their neurodivergence, their needs, and the provision they require, differs. We have the expertise and personal experience of neurodivergence necessary to keep the individual child at the heart of what we do.

Essex Hospital Trust investigation into patient deaths after heart surgery

Posted on 5 October 202323 March 2025 by Sarah O'Sullivan

Mid and South Essex NHS Foundation Trust, which is responsible for Basildon University Hospital, Southend University Hospital and Broomfield Hospital (in Chelmsford), has recently launched an investigation into the deaths of patients following open aortic abdominal aneurysm (AAA) surgery.

This alarming development has raised concerns about patient safety and the quality of care provided by the Hospital Trust.

In this article, we look into the details of the investigation and explain what we can do to help you if you or a loved one has been affected by this issue.

Abdominal Aortic Aneurysm (AAA) Surgery

An AAA is a potentially life-threatening condition in which there is a balloon-like swelling in the aorta, which is the main artery carrying blood from the heart to the abdomen, pelvis and legs. The swelling is caused by weakness and, should the aneurysm grow to more than 5.5cm, surgical intervention may be required to replace weakened sections of the aorta with a plastic tube (graft). While this surgery can be lifesaving, it carries risks and needs a high level of surgical expertise.

Mid and South Essex NHS Foundation Trust Investigation

The Hospital Trust has recently declared an ‘organisational serious incident’ after a higher number of their patients died following AAA surgery than would have been expected. Dr David Walker, chief medical officer at the Hospital Trust, has said that investigations are underway to ensure AAA services being offered to patients there are safe, and that lessons can be learned from post-operative deaths. The Hospital Trust has appointed an external investigator to lead the investigations, which may take in the region of 6 -12 months to complete.

Impact on Patients and Families

The implications extend beyond the Hospital Trust itself, affecting patients and their families who have undergone or are scheduled to have open AAA surgery. The uncertainty surrounding the investigation’s outcome and concerns for patient safety may cause significant distress and anxiety.

It is vital that the Hospital Trust communicates openly and transparently with affected individuals, providing them with support and reassurance throughout the investigation process.

The Hospital Trust will then need to implement any necessary changes identified through the investigation and to rebuild trust and confidence in the care they are offering.

How Tees Can Help

If you or a family member has been affected by the issues raised in this article, you can get in touch with the medical negligence team at Tees who have specialist solicitors with many years of experience.

We have dealt with numerous claims against Mid and South Essex NHS Foundation Trust, including claims relating to cardiac treatment.

If you would like to contact us, we will be able to give you free, confidential initial advice. We can discuss with you whether we can assist you in making a complaint or claim against Mid and South Essex NHS Foundation Trust. We understand that, in addition to ultimately obtaining any financial settlement that you may be entitled to, it is also important to obtain explanations when there have been shortcomings in treatment, and we also appreciate the sensitivity required when the treatment in question has led to the loss of a loved one.

Shared ownership: How to get on the housing ladder

Posted on 2 October 202326 March 2025 by Sarah O'Sullivan

Shared ownership can be a way of getting onto the housing ladder for many people. But, there are a few things you should consider first.

What is shared ownership?

Shared Ownership is a form of affordable housing. The term ‘shared ownership’ encompasses schemes where a registered social housing provider grants a lease of a percentage share of the property and rents the remaining percentage to the tenant. Shared ownership homes are offered by housing associations, local councils, and other organisations. They are called ‘providers’ or the landlords.

From a conveyancing perspective, the transaction is still dealt with by solicitors, and the usual conveyancing and mortgage costs are still payable when you opt for a shared ownership purchase.

Who is eligible?

You are only eligible to purchase a shared ownership property if you meet certain criteria. The government sets this criteria:-

You can buy a shared ownership if both of these apply:-

your household income is £80,000 a year or less (£90,000 a year or less in London)
you cannot afford all of the deposit and mortgage payments for a home that meets your needs

0ne of the following must also be true:

you’re a first-time buyer
you used to own a home but cannot afford to buy one now
you’re forming a new household – for example, after a relationship breakdown
you’re an existing shared owner, and you want to move
you own a home and want to move but cannot afford a new home that meets your needs

For some homes, you may have to show that you live in, work in, or have a connection to the area where you want to buy the home.

There are also some other specialist Shared Ownership schemes for people who:-

are members of the Armed Forces
are over 55 years old
a person with a long term disability

More can be found on the Shared ownership homes: buying, improving and selling: Who can apply – GOV.UK

Buying a shared ownership property

All shared ownership property, whether it is a house or a flat will be leasehold. The Provider will own the freehold interest in the property and will grant you a lease. A shared ownership lease will specify that you own a given percentage, which will be the share you agreed to purchase. The purchase price you pay will be a percentage of the market value which corresponds with the share you will receive. You can either have a brand new lease granted on a new build property or be assigned an existing lease on an older property.

The lease will usually contain a provision which will allow you to buy additional shares throughout the term as and when you are able until eventually you own 100%. This is known as “staircasing”. You should note however that not all leases allow you to staircase and those that do may not allow you to staircase to the full 100%.

Initial ownership can start at 10% ownership, but usually, a lease is offered with a share of 25%, 50% or 75% of the value of the property. This can be paid for with a mortgage or from savings. As with a usual transaction, a deposit will be required which is usually 10% of the purchase price of the share.

The remaining share is then rented from the Provider for an affordable rent. Your monthly outgoings may include a mortgage payment and rent but will be much lower than the mortgage costs if you were to buy outright. When you can afford to, you may be able to increase your ownership of the property by staircasing. This can also be from either savings or a further advance on a mortgage.

Example:-

If the market value is £150,000.00 and you agree to buy 25%, the price you pay will be £37,500.00. You will then pay rent, known as “specified rent”, on the remaining 75% share.

Staircasing

Once you have purchased the initial share of property you can choose to increase your share, if your lease allows.

The amount you can staircase by is dependent on what your lease says and its age.

If you are looking to buy more shares, you will still require a solicitor to do this. You will also require a valuation so that the additional share is calculated based on the current value of the property. Please get in touch with one of our property specialists as they can assist with interim staircasing and final staircasing.

Will I have to pay stamp duty land tax?

Yes, the tax will be payable, however, the amount is dependent on a couple of factors: –

If you are buying a new build property and you are the first owner, you have a choice to either pay Stamp Duty Land Tax on the share that you are buying or you can elect to pay the tax on the full market value of the property
If you are buying an existing shared ownership (an assignment) then you can only pay the tax on the amount that you are acquiring.

The provisions for stamp duty on shared ownership properties are complex and we suggest you contact us for specific advice on your particular transaction.

What is a maintenance charge?

In common with most leasehold properties, you will be obliged to pay a share of the landlord’s expenditure incurred in satisfying its obligations under the lease. The type of obligations varies depending on the type of property you are buying:-

For a flat this may include, cleaning and lighting communal areas, building insurance, external decoration and structural repairs all of which you will share with other leaseholders.
In the case of a house, this can include building insurance and sometimes the cost of maintaining any common areas of an estate.

These costs are usually collected with the rental portion of the payments that you make to the Provider.

Can I let the property?

It is not usually possible to let a shared ownership property though once you have staircased to 100% this may be an option. This will be specified in the Lease.

Selling a shared ownership property

If you have bought the house outright you are free to sell the property as you wish but your landlord is usually entitled to buy back the property so that it can be offered to other families who seek low-cost shared ownership. They are obliged to pay you the full market price for the property.

If you only own a share of the property your landlord may require that you sell that share to a household nominated by them or to the landlord themselves, again for the full market price.

You may find that a shared ownership property is more difficult to sell than a ‘normal’ property as the pool of buyers is smaller because not everyone will meet the required criteria. However, the provider may also have a waiting list of potential purchasers.

The lease with have instructions on what to do when you wish to sell the property. This usually entails:-

Telling the landlord you wish to sell
The landlord will try and find a buyer for you within what is called the nomination period. This can be from 4 to 12 weeks.
If the landlord doesn’t want to buy the property or can’t find a buyer for you in the nomination period, you are then allowed to sell on the open market. You can either offer this as the share you bought or sell the whole property.

What other things should I consider?

A shared ownership lease is seen to be a tenancy agreement rather than a long lease until it has been staircased to 100%. Terminating a tenancy is much simpler than forfeiting a lease since all the landlord has to do is prove that the rent is in 3 months’ arrears. It is therefore important to note that you are at serious risk if you do not keep up with your rental payments.

You will need to get a specialist shared ownership mortgage if you are using one to assist with your purchase.

There are some additional costs to consider when selling, these can include:-

Paying for the landlord’s valuation costs
Paying for the landlord’s legal fees
Paying a nomination fee, if the landlord finds a buyer for you in the nomination period.

If you want to purchase a shared ownership property, please do not hesitate to get in touch, for bespoke advice.

We are members of the Law Society Conveyancing Quality Scheme.

Investing in a French property at a reduced cost: The purchase of the bare title only

Posted on 12 September 202323 March 2025 by Sarah O'Sullivan

Buying a French property at a lower price is possible through the concept of bare ownership. By purchasing only the bare title, you reduce upfront costs and gain full ownership at the end of the usufruct period. Here’s how it works and why it could be a smart investment.

What is Bare Ownership?

Bare ownership involves dividing property ownership into two parts:

Bare owner: Owns the property but cannot use or benefit from it during the usufruct period.
Usufructuary: Holds the right to use the property and receive rental income.

Once the usufruct period ends, the bare owner automatically gains full ownership. The responsibilities and obligations of each party are outlined in the authentic deed of sale, notarised as required by French law.

Both the usufruct and the bare title have a value, which is calculated by the French tax administration based on the age of the usufruct holder at any given time, as follows:

Age of Usufruct holder	Value of usufruct	Value of bare title
Under 21 years	90%	10%
From 21 to 30 years	80%	20%
From 31 to 40 years	70%	30%
From 41 to 50 years	60%	40%
From 51 to 60 years	50%	50%
From 61 to 70 years	40%	60%
From 71 to 80 years	30%	70%
From 81 to 90 years	20%	80%
From 91 years	10%	90%

Why buy in Bare Ownership?

Investing in bare ownership offers numerous advantages:

Reduced purchase price: Acquire property at a 30-50% discount compared to full ownership.
Tax benefits: Loan interest may be deductible if the usufruct is held by a social landlord or taxable lessor.
No management costs: Maintenance and management expenses are borne by the usufructuary.
No rental risks: The usufructuary handles tenant management.
Wealth tax exemption: The property is excluded from your taxable real estate wealth (IFI).
No property taxes: Property and housing taxes are paid by the usufructuary.
Guaranteed full ownership: At the end of the usufruct period, you become the sole owner with no additional cost.
Estate planning: You can transfer bare ownership to heirs with reduced inheritance taxes.

Potential drawbacks of Bare Ownership

No immediate use or income: You cannot occupy the property or earn rental income until the usufruct ends.
Financing challenges: Banks may hesitate to finance bare ownership without additional guarantees.
Responsibilities: Without clear terms in the contract, major repairs could become the bare owner’s responsibility.

How to purchase bare ownership

Bare ownership purchases can occur between individuals or through specialised companies that manage usufructuary rights. Typically, companies offer limited usufruct periods (15-20 years) and professionally manage the property. This arrangement ensures a lower purchase price and hassle-free management.

Before committing, UK buyers should consult with a British accountant to assess any UK tax implications.

Financing a Bare Ownership purchase

While financing options are limited, possible solutions include:

Mortgage on other assets: Using another property as collateral.
Life insurance pledge: Pledging a life insurance policy as security.
In fine loans: Paying only interest during the loan term, with capital repaid at maturity.

Additional considerations

Donation in Bare Ownership: Gifting bare ownership can reduce inheritance taxes. However, this process is irrevocable.
Sale in Bare Ownership: Sellers seeking liquidity can retain usufruct rights while accessing capital from the sale.
Parent-child purchases: Parents can buy usufruct while children hold bare ownership, facilitating property acquisition.

Expert guidance

Bare ownership can be a smart investment, but legal and financial advice is essential. Contact Avocat Herve Blatry for personalised guidance on navigating the complexities of bare ownership in France.

Guide to farm diversification opportunities after the Basic Payment Scheme (BPS)

Posted on 1 September 202324 April 2025 by Sarah O'Sullivan

The post-BPS era has brought about significant changes in the agricultural landscape of the United Kingdom. Whilst there are several different grants and schemes available to landowners, farm diversification is a viable strategy to secure financial stability and thrive in the changing environment, as farmers face the challenges of adapting to this new reality. This article will explore farm diversification, examining the legal considerations and opportunities for farmers in the post-BPS era.

Understanding farm diversification

Farm diversification refers to the practice of expanding agricultural operations to include non-traditional activities or ventures. By diversifying their income streams, farmers can reduce reliance on the uncertain profitability of traditional farming practices and mitigate the impact of the loss of BPS. However, it is important to note that farm diversification can involve legal complexities that must be carefully navigated to ensure compliance with regulatory frameworks.

Guiding you through diversification opportunities

Our Agricultural team at Tees can play a crucial role in assisting farmers in enabling and advising on potential diversification opportunities. We have an in-depth understanding of the legal and regulatory frameworks governing various sectors, enabling us to guide farmers through the process alongside their accountants and land agents. Some common avenues for farm diversification include:

Renewable energy projects: With the increasing demand for clean energy, farmers can explore opportunities in wind, solar, battery, biomass energy or anaerobic digestion. Our renewable energy team can assist by advising on contracts, options and leases including addressing planning and environmental mitigation schemes.

Agri-tourism: Many farmers have found success by opening their farms to the public and offering attractions such as farm tours, educational workshops, camping, glamping or other farm-stay experiences. Our team of solicitors can help you navigate the related regulations, liability, health and safety and business structures including commercial agreements and terms and conditions.

Food and beverage production: Value-added activities such as on-site food processing, artisanal products or farm shops can provide additional revenue streams. We can assist in establishing appropriate business structures and ensuring compliance with food safety regulations.

Rural recreation and leisure: Using farm assets for activities such as nature reserves, fishing lakes, equestrian centres, adventure parks, events, festivals and secure dog walking fields can attract visitors and generate income. We can help farmers address legal matters related to liability and public access rights, as well as advice on commercial agreements and terms and conditions.

Natural resources: Biodiversity Net Gain can offer alternative income streams for farmers. Our Natural Capital Team can assist with drafting and negotiating long term Farm Business Tenancies (FBT’s) for Biodiversity Net Gain and Woodland Carbon Units, negotiating documentation for landowners documenting arrangements with habitat bank providers including FBT’s and Habitat Management Agreements, dealing with Section 106 Agreements where offsite offsetting is being provided for development sites getting approval of lenders to enter into such agreements where land is charged to a bank.

Legal Considerations when diversifying your farming business

Engaging solicitors familiar with agricultural law is essential for farmers pursuing diversification projects. Here are some legal considerations we can assist with:

Considering the tax implications with your accountant, both on terms of taxation of income streams and capital taxes is vital. Our property and commercial team can assist with implementing tax advice given by re-structuring business and finance and/or moving land and assets into separate legal entities.
contracts and agreements: developing robust contracts is vital when engaging in activities such as leasing land for renewable energy projects, negotiating supply agreements, or partnering with third-party businesses. Our commercial team can ensure the protection of farmers’ interests and avoid potential disputes.
regulatory compliance: diversification activities are subject to a range of regulations, including health and safety, environmental protection, food safety, and licensing. Our regulatory team can guide farmers in meeting compliance requirements and reducing legal risks.
intellectual property: farmers involved in product development or branding should consider protecting their intellectual property through trademarks, copyrights, or patents. Our commercial team can assist in securing these protections and enforcing them if necessary.
succession planning: farm diversification often involves long-term investments. We can help farmers navigate succession planning, ensuring a smooth transition of assets and business operations to future generations running the business.

The Employment Relations (Flexible Working) Act 2023

Posted on 21 August 202322 March 2025 by Sarah O'Sullivan

The Employment Relations (Flexible Working) Act 2023, which received Royal Assent in July 2023, is intended to give workers more flexibility over when and where they work. This legislation is expected to come into force in the summer of 2024, based on the timescale from Royal Assent.

Chartered Institute of Personnel and Development (CIPD) research (Flexible and hybrid working practices in 2023 | CIPD) indicates that 40% of employers have seen an increase in requests for flexible working following the Covid-19 pandemic, and 66% of organisations saying they believe it is important to provide flexible working as an option when advertising jobs.

Employers and employees should therefore be mindful of the looming changes to the process surrounding flexible working requests.

Who can make a flexible working request?

Employees with at least 26 weeks of continuous employment are currently entitled to make flexible working requests to their employer. It should be noted, however, that although this has remained a requirement under the new legislation, it is anticipated that further legislation will eventually be implemented to remove this requirement, making flexible working requests a day one right for employees. Of course, any employee can make a request but employers are not obliged to consider requests unless made by eligible employees.

What are flexible working requests?

Flexible working requests should be made when an employee wishes to make a change to any of the following:

the hours they work
the times when they are required to work
the place they work (i.e. working from home, or another of the employer’s sites).

Some examples of how these changes could be implemented in practice include:

reducing hours to work part-time
changing start/ finish times
compressing hours to work the same number of hours over fewer days
job sharing.

Employees can also request the change be limited to specific days or weeks only (e.g. only during school term time), or for a limited period such as 6 months only.

How an employee can make a flexible working request

To meet the statutory requirements of a formal flexible working request, applications should:

be made in writing
be dated
state that it is an application made under the statutory procedure
specify the change the employee is seeking
specify when they wish the change to take effect
state if and when the employee has previously made an application.

An important change in the new legislation is, previously, there was an additional requirement for the employee to explain the effect that flexible working would have on the employer, and how the employer might deal with such an effect. This requirement has been removed by the new legislation.

How an employer should deal with a flexible working request

Under the new legislation, employers are required to deal with requests within two months of receipt (as opposed to the previous three months), unless both parties agree to extend this period.

Employers must deal with flexible working requests in a reasonable manner, and can only refuse requests for the following reasons (which remain unchanged under the new legislation):

the burden of additional costs
detrimental effect on the ability to meet customer demand
inability to reorganise work among existing staff
inability to recruit additional staff
detrimental impact on quality
detrimental impact on performance
Insufficiency of work during the periods the employee proposes to work
planned structural changes.

The new legislation also requires employers to consult with the employee before refusing a request. The new legislation does not provide guidance around what is required in such a consultation, but the ACAS Code of Practice does contain some guidance around this. The ACAS guide also has content covering dealing with requests in a “reasonable manner”. ACAS is currently in the process of updating this code.

If a flexible working request is accepted, the employer should issue an updated statement of main terms or provide a statement of changes to employment (under section 4 Employment Rights Act 1996).

If the request is denied, the employer must write to the employee stating this, keeping in mind that under the new legislation, the employee must be consulted before a request can be denied. Employers should note that although there is no statutory right to appeal the decision, employees now have the right to make up to two flexible working requests within any twelve month period, so if an employee’s first request is denied, they are entitled to make another one.

Employers need to stay up to date

With CIPD research showing that 49% of employers were previously unaware of the impending changes to flexible working legislation (Flexible and hybrid working practices in 2023 | CIPD), employers should ensure that they are aware of the changes as set out above. They should also consider updating any existing policies and procedures relating to flexible working arrangements to ensure that they are in line with the statutory changes and new time limits.

With the new legislation anticipated to come into force next year, we understand the ACAS Code of Practice on handling requests for flexible working is also to be updated. The purpose of the ACAS code is to “provide employers, employees and representatives with a clear explanation of the law on the statutory right to request flexible working, alongside good practice advice on handling requests in a reasonable manner” (Acas consultation on the draft Code of Practice on handling requests for flexible working | Acas).

Employers should look out for updates in relation to the new ACAS code and ensure that they are now complying with the new statutory requirements ahead of the implementation of the new Act, whilst also keeping in mind the likelihood of flexible working requests becoming a day one right.

What could happen if I unreasonably refuse a flexible working request?

If a tribunal upholds an employee’s complaint concerning the handling of a flexible working request, you may be required to reconsider the employee’s application. Alternatively, or in addition, the employee may be awarded compensation, additionally, issues over flexible working could also lead to other claims (see below).

Sex discrimination claims and flexible working

A mishandled flexible working request might lead to a potential discrimination claim. For example, if your flexible working policy has a greater impact on one sex over another (or on one particular employee because of their sex) you may face claims of indirect sex discrimination.

The ACAS guidance on flexible working, mentioned above, recommends that employers and managers should avoid making assumptions when assessing flexible working requests. All requests should be assessed consistently and with regard to business circumstances.

However, acting consistently does not necessarily mean that you can adopt a blanket flexible working policy – accepting or refusing all requests. If a dispute arises, a tribunal will look at any discrepancies in the acceptances or refusals of flexible working requests.

If your policy is found to be indirectly discriminatory, it might be possible to argue that it was a proportionate means to a legitimate aim – i.e.: that there was a good business, commercial or administrative reason for the difference in treatment.

Consideration of flexible working requests should be based on real operational needs and decisions should be objectively justifiable.

Flexible working and constructive dismissal

In general terms, a constructive dismissal occurs where an employee feels forced to resign because of the actions of their employer.

To be successful in a claim, the employee must show that their employer has committed a fundamental breach of contract that is sufficiently serious to justify the employee’s resignation – and that the resignation was due to that particular breach. The breach could be a one-off event or just one instance in a longer history of events.

Unreasonably refusing an employee’s flexible working request, or even handling a reasonable refusal badly, could constitute one of these events and expose you to a potential constructive dismissal claim.

When medical negligence becomes criminal

Posted on 16 August 202324 March 2025 by Sarah O'Sullivan

Medical negligence arises when the treatment provided by a healthcare professional falls below the standard of a responsible body of medical opinion and that substandard care has caused harm or injury.

In some cases, however, a doctor’s actions go so far beyond what is considered acceptable that their behaviour is deemed to be criminal.

Our medical negligence specialists provide expert legal advice for a wide range of medical negligence claims.

If you think the medical treatment that you have received has been negligent or even criminal, Tees can help you to recover compensation for the harm that you have suffered.

Deliberate negligent acts resulting in criminal conviction

In rare cases, doctors treat their patients in ways that go far beyond medical negligence. In these circumstances, their actions can only be treated as a deliberate attack on their patients.

In 1993, Beverley Allitt, known as the “Angel of Death” was given 13 life sentences after being convicted of murdering four children and in 2000, Harold Shipman was found guilty of murdering 15 of his patients and is thought to have had over 200 victims.

A recent example is the case of surgeon Ian Paterson.

What did Ian Paterson Do?

Ian Paterson was convicted of 17 counts of wounding with intent in April 2017 and is currently serving a 20 year prison sentence. Paterson had performed unnecessary surgeries on over 1,000 patients in the Heart of England NHS and private hospitals (Spire Parkway and Spire Little Aston). These procedures included hernia surgeries, varicocele repairs, unnecessary mastectomies leaving his victims feeling violated, mutilated and psychologically traumatised. He also performed unregulated “cleavage-sparing” mastectomy procedures, leaving breast tissue that often resulted in the return of the cancer and, in some cases, the death of the patients.

In February 2020 a report from an Independent Inquiry was published.

It is estimated that Paterson treated more than 11,000 patients. Of these, more than 750 have so far received compensation for the damage he caused to them in a settlement deal struck in 2017, involving some 40 law firms. However, many more may have been affected by his actions and that they too may be due compensation.

In December 2020, more than 5,000 patients were contacted by Spire Healthcare after independent clinicians reviewed their medical records. Patients were offered a telephone meeting and follow-up treatment, and Spire Healthcare have set up a new compensation fund for victims of Ian Paterson. Tees is pleased to help former patients of Mr Paterson who have been recalled by the Spire to claim compensation from the second compensation fund, if they did not apply for compensation from the initial fund for the same injury.

Failing to provide safe care and treatment

In April 2021, East Kent Hospitals NHS Trust pleaded guilty to a criminal charge brought by the Care Quality Commission (the CQC) over failings that led to the death of Harry Richford, at 7 days of age. Harry was delivered by emergency caesarean section performed too late by a locum, a second doctor delayed resuscitating Harry and he died from irreversible brain damage.

The CQC charged the Trust with breach of regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, which obliges trusts to provide safe care and treatment.

Again in July 2021, The Independent reported that the CQC is considering a criminal prosecution against Nottingham University Hospitals Trust, following the death of baby Wynter Andrews in September 2019.

When does a lack of consent give rise to a criminal case of battery or assault

If a patient has not given informed consent to a medical procedure both medical negligence and criminal liability may arise.

Informed consent is a relatively complex legal concept, but the over-riding principle is that a patient has the right to be advised of not only the benefits but also the material risks of the proposed treatment and be made aware of any reasonable alternatives (including doing nothing). Consent issues normally arise in the context of surgery but should be considered when any treatment is offered.

If a patient has not consented to the medical treatment, this could lead to a criminal charge for battery or assault. This requirement for consent is waived if the patient:

is unconscious or incapacitated and needs emergency life-saving treatment
needs an additional emergency procedure during an operation
lacks capacity to consent to treatment of their mental health due to their mental health condition (but consent is still required for treatment for unrelated physical conditions)
has been detained under the Mental health act
is a public health risk due to having Rabies, Cholera or TB

Once more, it is the Police and Crown Prosecution Service that determine whether it is appropriate to bring a criminal case against a doctor in these circumstances. Intent to harm is likely to be very relevant and more often than not a civil suit will be more appropriate.

Criminal gross negligence (medical) manslaughter

The crime of gross negligence (medical) manslaughter arises where death occurs as the result of “truly, exceptionally bad” healthcare.

Usually a criminal investigation is triggered by the Coroner referring the case to the Police for investigation, although families can also ask the Police to look at the circumstances of death. The CPS will consider whether it is in the public interest to prosecute the relevant medical professional including whether they consider that prosecution is a proportionate response. The case will be decided by a Jury, in a criminal court. To secure a conviction, the Jury must be satisfied, beyond all reasonable doubt, that the individual or Trust committed the crime of gross negligence manslaughter. A conviction may result in a custodial prison sentence.

How do you prove gross negligence manslaughter?

In 1994, an anaesthetist called Adomako was convicted of gross negligence manslaughter. Adomako hadn’t noticed that a patient’s oxygen pipe had become disconnected during an operation. Consequently, the patient died.

The judge in this case set out the test for gross negligence manslaughter:

there must be a duty of care
the defendant must have breached that duty of care
the breach must have caused the death of the victim and
the breach of duty is so serious in all the circumstances that it should be judged criminal

The judge also gave some examples of what might constitute a criminally serious breach:

indifference to an obvious risk of injury to health
knowing the risk of injury to health at the outset but a determination to run the risk nevertheless
knowing the risk of injury to health and intending to avoid it but coupled with such a high degree of negligence in attempting to avoid injury that a jury deems a charge of criminally serious breach as necessary

Gross negligence manslaughter conviction examples

in 2007 Dr Stevenson, a GP, who injected his patient with six times the required dose of diamorphine for a migraine, admitted manslaughter but was spared jail
in 2015 Dr Bawa Garba a trainee doctor, was found guilty of gross negligence manslaughter when she failed to diagnose and treat sepsis leading to the death of a 6-year-old boy, Jack Adcock
however in 2016, a Boots optometrist, Honey Rose who had missed signs of a lethal build-up of fluid on 8-year-old Vincent Barker’s brain, which tragically resulted in the his death, had a conviction for manslaughter overturned.

In this final example, the judge stated that: for gross negligence to be found, there must be a “serious and obvious risk of death”, rather than just risk of serious injury. The risk must be “assessed with respect to knowledge at the time of the breach of duty”.

The line between negligence and gross negligence is therefore still hard to define.

Corporate manslaughter and corporate homicide

The Corporate Manslaughter and Corporate Homicide Act 2007 means that organisations can be found guilty of the office of corporate manslaughter or homicide.

In a medical context, NHS Trusts may face criminal prosecutions if a patient dies as a result of gross negligence. If found guilty, the healthcare Trust may be fined or ordered to take steps to remedy any deficiencies in health and safety policies, systems or practices.

A series of baby deaths at the East Kent Hopsitals University Trust has recently prompted a police investigation into a possible corporate manslaughter and/or gross negligence manslaughter charge relating to unsafe maternity care that has affected nearly 200 families over a number of years. The Health and Social Care Committee on maternity safety in England has now released a report on the Safety of Maternity Services in England. The report concludes that improvements in maternity services have been too slow, with the CQC’s Chief Inspector of Hospitals reporting evidence of a ‘defensive culture’, ‘dysfunctional teams’ and ’safety lessons not learned’. Sound familiar? MPS have recommended urgent action to address staffing shortfalls in maternity services with staffing numbers identified as the first and foremost essential building block in providing safe care.

How Tees can help

If you or a close family member have suffered harm from negligent medical treatment, please get in touch. We will investigate what happened, advise you on your potential claim, and support you in bringing a claim.

We know that going through something like this alone can be a daunting and worrisome prospect, but our empathetic and caring team is here to help you secure the best outcome.

What’s the difference between Section 106 agreements and the Community Infrastructure Levy (CIL)?

Posted on 1 August 202324 April 2025 by Sarah O'Sullivan

When new developments happen developers are usually asked to pay a contribution towards the funding of associated infrastructure. Historically this was through ‘Section 106’ agreements negotiated between local authorities and developers although the Planning Act 2008 introduced a new way of doing this – the Community Infrastructure Levy, or CIL.

Section 106 agreements

S106 contributions remain the primary means to ensure that developments pay for infrastructure that supports them. However S106 agreements are by their nature uncertain in terms of what they can deliver. S106 contributions are negotiated between the local authority and the developer and can pay for anything from new schools or clinics to roads and affordable housing.

The Community Infrastructure Levy (CIL)

Introduced by the Planning Act 2008, local authorities are allowed but, not required, to introduce a CIL. CIL is different to S106 payments in that it is levied on a much wider range of developments and according to a published tariff schedule. This spreads the cost of funding infrastructure over more developers and provides certainty as to how much developers will have to pay. It is simpler and more transparent.

CIL is now the preferred method for collecting pooled contributions to fund infrastructure. S106 agreements have been scaled back to just cover site regulation and site specific issues (whether or not the local authority has introduced a CIL) and are subject to a statutory test since 2014. CILs cover the generic payments that a development imposes.

CIL only applies in areas where a LPA has a charging schedule in place which sets out its CIL rates. Any local authority that charges the levy must publish a charging schedule on its website. Since CIL is a discretionary charge, there continues to be a phased take-up of CIL by local authorities, but local authorities continue to be encouraged to adopt a CIL.

The advantage of the CIL is the rate is transparent and does not need to be negotiated. To ensure developers do not pay for the same infrastructure under both schemes, local authorities are required to publish a list of what will be funded by the CIL and those items cannot be covered by a S106 agreement.

CIL is paid primarily by owners or developers of land that is developed. In an area where CIL operates, most new development which creates net additional floor space of 100 square metres or more, or creates a new dwelling, is potentially liable for the levy. Some development is eligible for relief or exemption from CIL such as residential extensions and houses and flats which are built by self-builders. There is however a strict criteria that must be met and procedures followed to obtain the relief or exemption.

Tees are here to help

We have many specialist lawyers who are based in:

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

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