Sectors Archives

Autism support: Workplace and school adjustments guide

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

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

What is autism?

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

Is autism a disability?

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

How does Autism affect work?

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

Can Autistic people work?

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

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

Reasonable adjustments for Autistic employees?

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

Common reasonable adjustments may include:

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

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

How does Autism affect learning?

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

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

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

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

How can teachers support Autistic students?

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

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

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

Sensitive and caring Employment and Education Law legal advisers

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

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

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

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

Tees Law welcomes Senior Education Law Solicitor

Posted on 5 March 202529 March 2025 by Sarah O'Sullivan

We are delighted to announce that Victoria Kerr, a highly experienced Education Law Solicitor, has joined the Tees Education Law team.

With over 25 years of legal experience, Victoria has dedicated her career to advocating for children and families. For the past 20 years, she has worked at Hertfordshire County Council, specialising in education law, safeguarding, social care, and public law disputes. Her extensive expertise further strengthens our specialist Education Law team, supporting parents, schools, and local authorities.

Victoria is based in our Bishop’s Stortford office but provides nationwide legal support through remote consultation options. She brings a broad and strategic perspective to education disputes and offers expert advice to achieve early and effective resolutions.

Victoria says:

“My career has always focused on supporting children and families through the law. I’m thrilled to join the highly regarded Education Law team at Tees, particularly when the need for legal support in education is greater than ever. Whether it’s helping parents navigate their child’s Special Educational Needs (SEN) journey or resolving disputes between parents, schools, and local authorities, I am passionate about ensuring the best outcomes for children.”

How Tees can help

Our Education Law team provides expert advice on:

Special Educational Needs (SEN) legal support
School admissions and exclusions appeals
Safeguarding and social care law
Disputes between parents, schools, and local authorities
Judicial reviews and public law challenges

For specialist legal support, contact our Education Law team today.

Tees delighted to announce Partner promotion

Posted on 24 February 202529 March 2025 by Sarah O'Sullivan

Tees is pleased to announce the promotion of Alex Waples to Partner within the Commercial and Agricultural Property team with effect from 1st April 2025.

Alex has been with the firm for 10 years, joining in 2015. During that time Alex has shown exceptional legal skills and an unwavering dedication to client success, particularly for agricultural landowning clients including individuals, partnerships, corporate entities as well as landed estates. Alex is also a key part of the firm’s renewable energy team and has led the team to great success with some noteworthy accolades.

Alex Waples is based out of the Cambridge office but covers a wide reach across the East of England. Alex specialises in sales and acquisitions of farms and agricultural land, acting for both landowners and developers on renewable energy transactions, acting mainly for landowners on strategic land development schemes and advising on farming partnership agreements.

Recent work highlights include:

Acting for one of the world’s largest renewable developers on a 50MW co-located solar and battery storage scheme.
Acting as primary solicitor on a 3,000-acre solar and battery Nationally Significant Infrastructure Project (NSIP) for 9 landowners.
Acting on a farm purchase to consortium buyers with overage provisions and a headline sale price more than £9m.
Acting for a landowner in the sale of a fully consented residential development site in excess of £18m.
Acting for a developer in the acquisition of a residential development site with a gross development value more than £20m.

Alex studied Law at the University of East Anglia and completed his LPC at BPP University in Cambridge in 2015, the same year he joined Tees.

Senior Partner, Catherine Mowat, expressed her enthusiasm, saying:

“I am absolutely delighted to welcome Alex to the Partnership at Tees. Over the past decade, Alex has become an invaluable member of our Commercial and Agricultural Property team, earning a reputation as a trusted expert in his field.

Alex embodies the qualities we seek in a Partner—proactive, highly knowledgeable, and approachable. His leadership and dedication to excellence set him apart, and I look forward to seeing his continued success and contributions to the firm.”

Alex shared his excitement about the new role, stating:

“I am truly honoured to join the Partnership at Tees. My approach has always been to put my clients first—understanding their priorities and being readily available to support them, no matter the issue.

I look forward to building on our strong Commercial and Agricultural Property team and continuing the growth of our renewable energy specialism, further enhancing our offering, and continuing to help our clients achieve their goals. This is an incredibly exciting chapter, and I cannot wait to get started.”

Tees has also announced seven other senior staff promotions across the firm: two to Senior Associate and five to Associate.

Promoted to Senior Associate

Ana James-Pittau (Dispute Resolution & Litigation – Chelmsford)
Sarah Stocker (Medical Negligence – Cambridge)

Promoted to Associate

Amanda Johnston (Medical Negligence – Bishop’s Stortford)
Georgina Wade (Medical Negligence – Bishop’s Stortford)
James Murray (Tax Team, Private Client – Bishop’s Stortford)
Kirsten Vincent (Residential Property – Brentwood)
Sophie Shirley (Private Client – Cambridge)

Education, Health, and Care Plan for student success

Posted on 13 January 202521 March 2025 by Sarah O'Sullivan

The law states that ahead of a child moving between key phases of education their Education, Health, and Care Plan (EHCP) must be reviewed and reissued to allow for planning and preparation for transition and provision in the new educational setting.

The phase transfers are:

early years provider to school
infant school to junior school
primary school to middle school
primary school to secondary school
middle school to secondary school
secondary school to a post-16 institution.

The deadline for EHCPs to have been reviewed, amended (where necessary), and issued for most phase transfers is 15 February. For transfers for young people from secondary school to a post-16 institution or apprenticeship, the deadline to review and make any amendments to the EHCP is 31 March.

Where the transfer is taking place at a different time of the year to September, the local authority (LA) must take this into account, review, and amend the EHCP at least five months before the transfer takes place.

For those who have not yet received their amended plan, it can be an anxious wait until then.

The Review Process

The review for phase transfers should follow the usual annual review process. Four weeks after the annual review, the LA must send the proposed amendments and a draft of the EHCP to the parent or young person. The parent or young person then has at least 15 days to make representations about the proposed amendments/content of the EHCP and to request a particular school be named. The LA must issue the final amended EHCP, with notice of appeal rights, which should be included in the decision letter within eight weeks of the draft. To comply with these statutory deadlines, the annual review for all transfers, except those between secondary to post-16 institutions, must have been held by no later than 22 November 2024, and the draft EHCPs issued by 20 December 2024.

Phase Transfer, and particularly the transfer from primary to secondary school, is frequently when it becomes necessary for a child to move from mainstream to specialist provision. This decision, in and of itself, can be daunting but it’s crucial to be aware that you must inform the LA of the type (be that specialist or mainstream) and the name of the school you’d like named in your child’s EHCP. Usually, the venue for these discussions would be the annual review but if one’s not been called you may need to take things into your own hands. The LA must then consult your school of preference and any others they are considering before they name one in the EHCP. Schools must be given 15 days within which to complete the consultation and must have view of the draft EHCP as well.

What if you are not happy with the amended EHCP?

If the local authority has issued a final EHCP and you are unhappy with the special educational needs reflected in Section B, the special educational provision listed in Section F, or the setting named in Section I, you have the right to appeal the LA’s decision in the First Tier Tribunal. You can also ask the tribunal to make non-binding recommendations in respect of health and social care needs and provisions (known as an Extended Tribunal).

You have two calendar months from the date that the LA made their decision to lodge the appeal. Before doing so, where your appeal includes Sections B and F of the EHCP, you must obtain a mediation certificate. The decision letter will include instructions on how to obtain the certificate. Once obtained, you have an additional 30 days from the date of the mediation certificate to lodge the appeal. However, you should act quickly once you have received the EHCP because time is of the essence ahead of the transition in September and the tribunal will receive an influx of these appeals at the same time.

If you are only appealing Section I of the EHCP (educational placement) you do not need a mediation certificate.

What should you do if a review has not been carried out?

If your child is a phase transfer and the local authority has not yet arranged a review, the LA is in breach of its statutory duty.

You have a right to complain to the local authority if they have not complied with the statutory deadlines listed. Depending on the circumstances, it may be necessary to consider a public law remedy arising from the Judicial Review process.

Contact

If you would like advice or assistance about the above, please contact Legal Director, Polly Kerr, who leads the Education team at Tees, on 0330 135 5806 or by email at education@teeslaw.com.

What next for equal pay?

Posted on 6 September 202422 March 2025 by Sarah O'Sullivan

Landmark legal victory for next employees in equal pay case

Following a six-year legal battle, over 3,500 current and former Next employees have secured a major win in their Employment Tribunal complaints for equal pay. The ruling may result in Next paying up to £30 million in back pay. Despite the retailer’s intention to appeal, the decision could have wide-reaching consequences for other UK employers.

The wider impact on major retailers

This legal victory marks the first of its kind against a national UK retailer. Other major supermarkets, including J Sainsbury’s Plc, Tesco Plc, W Morrison Supermarkets Ltd, Asda Group Ltd, and Co-operative Group Ltd, face similar claims from 112,000 workers. If these claims succeed, the financial ramifications could amount to billions of pounds.

The basis of the claim: Pay disparity between shop and warehouse staff

The central issue in this case was the pay gap between predominantly male warehouse staff and mostly female shop staff. Next argued that wider market forces justified the disparity, maintaining that warehouse operators earned higher salaries due to industry standards. However, the Tribunal rejected this defense, stating that cost-saving measures did not justify the discriminatory effect.

Equal pay and the concept of equal value

A critical element in the case was the determination of whether shop and warehouse staff performed work of equal value. The Tribunal concluded that retail staff work was of comparable value to that of warehouse employees, leading to the decision that Next was required to provide equal pay.

Key factors in establishing equal value

Gender disparity: 77.5% of retail consultants were female, compared to 52% of warehouse employees being male.
Independent assessment: Equal value is determined through independent expert analysis, comparing the responsibilities, effort, and skill of both roles.
Tribunal’s role: Even minor differences in tasks can be disregarded if they are deemed insignificant in the overall comparison.

Lessons for employers: Mitigating equal pay risks

This ruling serves as a stark reminder for employers to assess their pay structures. Companies should ensure that roles of equal value receive equal pay, preventing the risk of costly litigation.

Practical steps for employers

Conduct regular pay audits: Review and compare salaries across different roles to identify disparities.
Ensure transparency: Maintain clear documentation on how pay decisions are made, using objective criteria.
Provide justifiable explanations: Base pay differences on legitimate factors such as experience, qualifications, and market rates.
Promote equal opportunities: Encourage career development for all employees, removing barriers to advancement.
Seek legal guidance: Consult legal professionals to ensure compliance with equal pay regulations.

The ongoing battle for Next employees

While the ruling is a significant milestone, the journey is far from over. With Next pursuing an appeal, employees face further delays and legal complexities. The case underscores the challenges of achieving equal pay justice and the importance of robust legal support.

Employers should view this ruling as a wake-up call to proactively address pay equality. Taking preventative measures now can mitigate legal exposure and foster a fairer, more equitable workplace.

For tailored legal advice on equal pay compliance, contact our team of experts today.

Solar farm development

Posted on 7 May 202427 March 2025 by Sarah O'Sullivan

Tees provides legal support to a landowner

Solar farms have become popular for landowners to generate income from their land and are part of the growing renewable energy sector. However, the process of setting up a solar farm can be complex. This case study highlights the importance of seeking legal support when developing renewable energy infrastructure to ensure that all necessary legal and regulatory requirements are met and to mitigate the risk of any disputes arising during the term of the lease.

If you are considering starting a renewable energy project on your land or have been approached about renewable energy development, it’s vital that you seek expert legal advice to ensure you protect your interests.

Alex Waples, senior associate lawyer, and the Tees renewable energy team acted for a landowner who wanted to install a solar farm on their land. Tees undertook due diligence to identify potential issues with the proposed site, negotiated and completed the lease and any necessary easements, and provided ongoing advice throughout the term of the lease.

Due diligence

Alex and the renewable energy team undertook a detailed review of the title documents, as well as a detailed review of various searches commissioned against the proposed solar farm site.

The purpose of the review is to identify any potential issues. For example, a parcel of land may be burdened with a historic covenant preventing the building of a structure in, over, or under the parcel of land in question. Any such covenant could significantly affect the site’s efficacy, and various design changes may need to be made to accommodate it.

Option agreements and lease negotiation

Alongside due diligence, the early stages of a transaction involve negotiating and exchanging an option for the lease and for any required easements.

Alex provided legal assistance in drafting the option agreement that granted the solar farm company the right to lease the land to install solar panels. He and the renewable energy team also negotiated the lease terms on behalf of the landowner, reviewing and drafting the lease agreement to ensure that it complied with relevant laws and regulations and represented the client’s best interests.

Once the funding is secured and the site is satisfactorily viable, the options are triggered, and the transaction can proceed to installation. The lease must afford sufficient solar farm installation rights, including access to neighbouring land.

Completion of the lease and easements

With funding, Alex arranged for the options to be triggered and completed the lease and the necessary easements. With the lease and easements in place, the installation of the solar farm could start.

Ongoing advice

During the lease term, The Tees legal team was available to provide ongoing legal advice. Tees’ dispute and resolution team provided tailored advice on exercising the tenant’s rights. They can advise on triggering any option to renew the lease or, alternatively, deal with any transaction whereby the tenant wishes to dispose of their interest in the solar farm, that is, by way of assignment.

If any disputes arise during the lease term, the dispute resolution team will provide expert advice to achieve the most commercially practical outcome.

If you are considering or if you have been approached about renewable energy development, contact our expert legal specialist today.

Tees solicitors celebrate Agricultural Law Association fellowships

Posted on 22 February 202429 March 2025 by Sarah O'Sullivan

Two of Tees’ Agricultural team Alexander Waples and Chris Claxton-Shirley have recently achieved Fellowship of the Agricultural Law Association (ALA).

The Agricultural Law Association is the UK’s largest inter-professional organisation devoted to the law and business of the countryside.

The course included topics such as property, tax, regulatory issues, and important legal issues that affect farmers and rural business across England and Wales. Gaining Fellowship status is the highest qualification possible.

Alexander Waples in the commercial and agricultural property team, having worked with Tees since 2015. He acts for a wide range of landowning clients, including individuals, partnerships, corporate entities as well as landed estates. Alexander is also a key part of the Tees’ renewable energy team.

Chris Claxton-Shirley, in the Private Client team, advises on a range of issues from succession and tax planning to the administration of estates.

Partner Letty Glaister, who heads up the Agriculture Team, said; “This is great recognition of Tees’ dedication to the agriculture legal sector and ensuring our experts have the in-depth knowledge needed to advise our rural clients.

“The agricultural community is an integral part of our firm and having solicitors with the Fellowship title shows we are constantly investing in learning so that we can provide the high-quality service our clients expect.”

Membership of the ALA is open to anyone training or qualified in the advisory professions and to others with an interest in the subject. The ALA exists to promote the understanding and development of the law and practice in agriculture, environment, food, and related issues and to provide a forum for professionals serving those sectors – lawyers, surveyors, accountants, bankers, farm business consultants and others – to support each other in their specialisms.

Tees new Senior Wealth Planner now settled and seeing clients

Posted on 14 November 202329 March 2025 by Sarah O'Sullivan

Tees Financial Ltd has recently welcomed Senior Wealth Planner David Blackman, a role with a key focus on working with the farming community – a first for the firm.

Tees has a long history of working with farming families, going back 100 years, but before now, we’ve not had a senior financial adviser on board who specialises in this area.

With over 32 years of experience in financial services, David is passionate about helping all clients through life events, with a real interest in planning tax efficiency for agricultural businesses and owners. Tees’ financial advisers work with clients to help them pass on their farm and land assets to the next generation in a well-planned and tax-efficient way. This includes taking advantage of Inheritance Tax reliefs (IHT), Business Property Relief (BPR) and Agricultural Property Relief (APR).

Part of David’s role is to help farming businesses make any necessary adjustments in investment activities and to encourage the use of Trusts and other ownership structures to ensure assets can be passed on tax-efficiently.

David is looking forward to advising more clients and said “It’s important that farming families think about putting appropriate plans in place. It can all be confusing with so many options out there, so I’m here to make sense of it all for our clients and advise on the best ways to protect assets and plan for the future. This includes help on pension and retirements too.”

David has a breadth of experience in providing finance advice to the rural community and has joined Tees after previously working for NFU Mutual – a Farmers’ Union insurance composite, so he fully understands the needs and complexities involved in agricultural land ownership and business. As a Chartered Financial Planner and a Chartered Associate of the London Institute of Banking and Finance, David is also able to advise on protecting family wealth and ensuring financial stability in the future.

“I am passionate about helping clients to achieve their goals and it’s so important to me to grow relationships with my clients by regularly reviewing financial plans, instead of just being very transactional. That’s what I love about the job.”

Our specialist financial advisers are based in several sites including Essex, Cambridgeshire and Hertfordshire, but can help anyone in the UK.

If you would like to find out more about our services or speak to David directly, call our team on 080o 015 1165.

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 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.”

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.

Considering leasing your land for a solar farm project?

Posted on 21 June 202324 April 2025 by Sarah O'Sullivan

Solar farms are one of the fast-growing renewable energy initiatives which are springing up across the country. Solar developers are constantly looking for land to build new solar projects on, so if you are a landowner with some unused land, this gives you the opportunity to lease your land and diversify your income, usually by way of a rental income over a fixed period of years.

Solar farms, also known as solar fields or solar parks, are the large-scale application of solar photovoltaic (PV) panels to generate green, clean electricity at scale, usually to feed into the national grid. Solar farms can cover anything between 1 acre and 250 acres and are usually developed in rural areas.

Approximately 25 acres of land are required for every 5 megawatts (MW) of installation – see our checklist below to find out if your land may be suitable.

As well as providing you with an additional income stream, there are a host of other environmental benefits associated with solar farms. Embracing solar farms as part of your land diversification strategy contributes to a sustainable and prosperous future both for you, your family and society as a whole.

What are the benefits of solar farm land diversification?

Stable income – leasing or selling the land for solar farm development provides an increased, diversified and stable source of income for you as a landowner. This can enable financial security and potential long-term revenue streams.
Reversible land use – solar farms represent a time-limited, reversible land use option for landowners. Unlike permanent infrastructure, such as buildings or roads, solar farms can be decommissioned relatively easily, allowing the land to be repurposed for other agricultural or developmental activities in the future.
Efficient use of land – one of the remarkable aspects of solar farms is their ability to generate substantial electricity while occupying a relatively small portion of land. For instance, installing 10,000 megawatts (MW) of solar capacity on the ground in the UK would only utilize 0.1% of the country’s agricultural land area. Despite occupying a small fraction of available land, this solar capacity could generate enough electricity to power over 3 million homes. This efficient land utilisation allows for the coexistence of agricultural activities alongside renewable energy generation.
Significant energy generation and carbon reduction – solar farms have a significant impact on energy production and carbon reduction. With every 5 MW of installed capacity, a solar farm can annually power more than 1,500 homes. Considering the average annual household electricity consumption of 3,300 kWh, this represents a substantial contribution to meeting energy demands. Moreover, the environmental benefits of solar farms are evident in the reduction of carbon dioxide (CO2) emissions. A solar farm with a 50 MW installation can save approximately 21,500 tonnes of CO2 annually, contributing to mitigating climate change and improving air quality.
Grid resilience and energy independence – distributed solar farms across various locations contribute to grid resilience and energy independence. By decentralizing energy generation, solar farms reduce the dependence on a single centralized power source, minimizing the risk of widespread outages. In cases of extreme weather events or natural disasters, solar farms can continue to generate electricity, providing essential power supplies to nearby communities. This resilience helps ensure a stable and reliable energy infrastructure.
Land conservation and biodiversity promotion: solar farm land diversification can be designed to incorporate conservation measures, supporting local ecosystems and biodiversity. By implementing pollinator-friendly vegetation, such as wildflowers or native grasses, solar farms can serve as habitats for bees, butterflies, and other beneficial insects. These efforts contribute to the preservation and restoration of wildlife populations, enhancing biodiversity in the surrounding areas. Additionally, by preventing agricultural land from being converted into urban or industrial areas, solar farms can play a role in conserving valuable natural resources.
Community and economic development: Solar farms can have a positive impact on local communities by fostering economic development. During the construction phase, solar farms create job opportunities, providing employment for local workers and boosting the local economy. Furthermore, solar farms can establish partnerships with neighbouring communities, supporting educational initiatives, renewable energy awareness campaigns, and community-based projects. This collaboration promotes a sense of ownership and involvement in the transition to clean energy, creating a more sustainable future.

Is my land suitable for a solar farm?

This checklist gives a guide as to the likely suitability of your land for a solar farm project and things you should consider:

Is the land flat? If not, what is its gradient and orientation? The incline of the proposed land impacts the ease of building and access.
Is there access to the site? Roads and paths will be essential for construction vehicles and crews to enter and exit the construction site. As part of the solar project, the developer may wish to install accessways or enlarge what is already there.
Is the ground rocky? How deep is the topsoil? Rocky ground may be more challenging to build on or insert ground mounts into. Topsoil depth also affects the structural stability of foundations.
Is the proposed location of the solar panels in an Area of Outstanding Natural Beauty (AONB) or a national park? It is unlikely that a solar farm will receive planning consent if it is located within either of these two categories of land.
Can the field be seen from a road? If the site is visible from the road there may be additional planning considerations due to the perceived impact on the visual amenity of the area which refers to the views and surroundings that comprise the backdrop to an area.
Is there any substantial energy consumption on the premises? You need to factor in whether the proposed solar farm is being considered for powering and offsetting the electricity bills of commercial premises.
Where is the nearest substation/power connection? Proximity to a substation or power connector is desirable because voltage drop/power losses through power cables increase with distance. The size of the power line is also important: a 33kVa line or above is ideal, however 11kVa lines are also suitable. A developer will need rights to install cabling under your land (and potentially under neighbouring land). In addition, they may well need rights to allow the installation of a new substation on your land.
Is there any existing solar PV installed on the property currently? Installing a new system on a property where one already exists may have an impact on the feed-in tariff eligibility of the first system. Additional electrical connection considerations will also apply to a second system.
Are there any substantial solar PV or wind farm installations nearby? Receiving permission to connect to the grid may depend on the state of the network in the region of the proposed installation. An already high penetration of solar power or wind (both types of ‘distributed generation’) may affect the ease of granting a grid connection permission.

How does the leasing on a solar farm work?

As a landowner, typically you will receive rental income on the leased land, in exchange for a rental income for a fixed number of years – usually around 30 years. Rental payments are index-linked, rising annually with inflation and made in advance from the point at which construction of the site begins.

How Tees can help

The experienced renewable energy team at Tees can advise both developers and landowners at every stage of the property aspects of a solar project. This includes all stages from the early lease negotiations, through to helping secure funding and offering ongoing assistance with the operation of the solar site throughout the term of the lease.