Practice Area Archives

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.

Tees demonstrates support for Essex and Cambridgeshire businesses with the appointment of two new Commercial partners

Posted on 13 October 202329 March 2025 by Sarah O'Sullivan

Leading law firm Tees has demonstrated its commitment to increasing its ability to provide a wider range of pragmatic legal advice to more businesses in the region with the appointments of Claire Powell, a partner in Company and Commercial based in Chelmsford and Brentwood and Sarah Coates as Partner and Head of Commercial Property based in Cambridge and providing support across the region. Both have more than 20 years of experience and joined Tees in September.

Claire is a Corporate and Commercial expert, working on acquisitions and disposals, restructuring, mergers and demergers, joint ventures and all types of commercial contracts. She was previously a partner in the firm of Thompson Smith and Puxon and thrives when working with businesses that need sensible, pragmatic and decisive advice. She also specialises in advising GP practices, care homes and dentists.

Sarah has expertise in residential development and development finance work, as well as in assisting educational establishments and companies in the tech/life science sphere with their wide-ranging property needs. Sarah also has a passion for supporting charitable and social enterprise initiatives in Cambridge, most notably acting as Chair of Trustees for the Cambridge Cyrenians, a charity supporting those at risk of homelessness in and around Cambridge. She has practised in Cambridge for 17 years and previously worked for International law firm Penningtons Manches Cooper.

Commenting on her appointment, Claire said: “I’m delighted to join this leading regional law firm and be part of Tees’ ambitious plans to reshape the legal landscape for Essex businesses. Essex is thriving with a multitude of successful businesses serving London and the world but for too long the provision of legal services has been lacking. Tees is committed to changing that and leading the way in doing business responsibly.”

Catherine Mowat, Senior Partner, stressed the significance of these new appointments: “We are delighted to welcome Claire and Sarah into the Tees’ partnership. We have identified that businesses in Essex are underserved by the current legal offering. By appointing two senior and experienced specialists, we are growing our Commercial teams and expanding our offering in line with our 2028 Strategic Growth Plan. Our aim is to better serve the local business communities in all the areas we work and these appointments will help us do just that.”

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.

Tees Law now boasts six Top Tier practice areas in Legal 500

Posted on 6 October 202329 March 2025 by Sarah O'Sullivan

Tees Law enjoyed widespread success in this year’s Legal 500 directory, adding Private Client – Personal tax, trusts and probate in Essex to the highest Top Tier ranking.

Ian Johnston, Partner and lead of the Private Client team in Tees’ Essex based offices of Chelmsford, Brentwood and Saffron Walden, moved up the rankings becoming a Next Generation Partner. One client commented, “Ian Johnston is a fine example of the ability of the firm to deliver the human approach to what can be very serious discussions.”

The Personal tax, trusts and probate team is described as having an “outstanding reputation for quality” and as being “consummately professional, and yet provide a service which feels warm, friendly and personal. All considerations are covered and delivered in an understandable yet thorough manner.”

In total, 27 different Tees Law practice areas were ranked in the latest update of the world’s leading directory of Law Firms.

Tees Law was delighted to see a total of 8 Leading Individuals, 5 Next Generation Partners and 7 Rising Stars. A staggering 46 of the firm’s solicitors have been listed as Recommended Lawyers with an increase of 16 this year.

Tees Law is a major regional law firm with offices in Bishop’s Stortford, Cambridge, Royston, Saffron Walden, Brentwood and Chelmsford. As part of the local community for over a century, Tees Law has supported clients from generation to generation.

The recurring theme throughout the client testimonials published this year highlights the firm’s focus on the client’s needs. An Essex Commercial Property client stated, “The team are great to work with. They all put each case in such high regard. All members of the team are professional and hold your best interest as a client highly.”

Another client praised “A first class firm with many talented individuals. Their client focus, commerciality and friendliness has been outstanding.”

Group Managing Director at Tees Law, Ashton Hunt, commented: “Once again the success and dedication of our teams and individuals shines through in the Legal 500 rankings. I am delighted to see so many practice areas receiving accolades and to have increased our number of Tier 1 rankings. At Tees, we always strive to be renowned experts and provide personal and commercially tailored advice to our clients.”

Catherine Mowat, Senior Partner at Tees Law, who was this year named in the Hall of Fame, added: “This year’s results highlight the diligence and commitment of our highly skilled teams. It is an honour to be named in the Hall of Fame and I would like to thank all of our clients and referrers for their wonderful feedback.”

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.

Tees advises on the purchase of over 230 acres of land and an industrial site

Posted on 12 September 202327 March 2025 by Sarah O'Sullivan

Looking back over the last 12 months; Tees are thrilled to have advised longstanding clients, R S Coleman and Schwier Farms Limited, on their joint purchase of over 230 acres of arable land and a muti-let industrial site in Essex in December 2022.

Simon Dixon Smith of Land Partners acted for the purchasers from an agency perspective and Paul Walker of Whirledge & Nott was the sellers’ agent.

Paul Walker stated:

“This sale was one of the largest areas of land offered to the market in the Rodings area for some time. Strong local interest was expected, especially from neighbours many of whom are well known by the vendors and themselves valued clients of W&N. Confidentiality and an understanding the parties’ objectives and sensitivities is always paramount but even more so in this case, given the personal connections. The strong professional relationship between the respective agents and solicitors greatly helped in navigating the complexities of this transaction to keep all parties aligned through to completion.”

From the legal side; Partner, Daniel Fairs of Tees’ Rural and Commercial Property team, took the lead in advising both purchasers on all aspects of the transaction. A third party was also involved in this and purchased a third parcel.

A number of complications arose during the transaction; including unregistered land, overage in favour of the Seller, bank funding, and the separate parcels of land needed rights over each other. Further elements to this transaction, related to a Farm Business Tenancy and a Pre-emption Agreement with all elements needing to be completed at the same time as the purchase.

Daniel was able to navigate all the complications and issues and advise the clients through the purchase, resulting in an excellent outcome for all involved.

Daniel Fairs commented:

“The Coleman and Schwier families have been clients of Tees for a number of years, and I have worked closely with the clients for the last 4 years to understand their farming business. I was delighted to have advised the clients in connection with this complex purchase and worked closely with all the professionals to get this deal across the line. I hope to continue supporting the clients with expanding their business from both a farming and diversification point of view in the future.”

Coleman and Schwier families commented:

“We can’t speak highly enough of Daniel Fairs of Tees. We have used him for a variety of different cases, and we have always been pleased with his work. Daniel takes the time to explain things in layman’s terms, helping to clarify any and all points that can be lost in the translation of legal documents. We were also impressed with the solutions Daniel proposed to complicated situations that arose during the cases that he has taken for us. Daniel is an excellent solicitor, and we would thoroughly recommend him.”

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.

Planet Education’s £3.8M freehold purchase: York House deal

Posted on 4 September 202327 March 2025 by Sarah O'Sullivan

Tees have recently advised Planet Education Networks (Planet Education) on its £3.8 million freehold purchase of York House in Birmingham.

Planet Education runs a global network of education institutes aiming to provide high-quality higher education courses. With the purchase of York House, which sits on a prominent corner location at Newhall Street and Great Charles Street and is a substantial five storey building of 22,175 sq ft, Planet Education intends to turn the property into an education campus to expand its existing campus in Birmingham.

Partner, Daniel Fairs, who was assisted by solicitor, Andrew Harrison, worked quickly and efficiently to finalise the purchase within Planet Education’s required timescales. Leaning on their experience, Daniel and Andrew were able to complete the transaction within six weeks of the agreement of the Heads of Terms.

Daniel Fairs’ commented:

“It was a pleasure to have advised the purchasers, Planet Education Networks Ltd, with their strategic purchase of York House. All the professionals worked tirelessly to get this deal across the line. I look forward to hearing more as the property develops and seeing the end result when the campus is up and running”.

This project is a great example of the potential and growing trend to repurpose city centre office buildings such as York House for alternative purposes such as for the educational and living sector.

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.