LCF In The Media February 2022 by LCFPrint

IN THE MEDIA FEBRUARY 2022

FIRM WIDE

Bradford Solicitor Welcomes Plans To Park Huge Fine

A fairer system for people to appeal parking fines has been welcomed by Bradford-based solicitor, Simon Stell from LCF Law, who has helped clients successfully challenge fines from private car park management companies. Private car parks will also have to display prices more clearly and give drivers a grace period for lateness, as part of a government crackdown designed to bring private parking firms more into line with councils. The new rules will see excessive debt collection fees for penalty fines banned. Parking firms will have to clearly display pricing details and terms and conditions, as well as providing a 10-minute grace period to motorists before they can issue a late fine. They will also have to offer a 5-minute cooling-off period for motorists who change their mind about parking and leave the car park. Simon Stell, managing partner at LCF Law, said: “Operators that don’t follow the rules could be banned from collecting fines from motorists. Most fines will now be capped at £50, instead of the current £100 charge, although higher financial penalties are possible for more serious breaches like parking in a disabled space without a blue badge.

“Use of private car park management companies is increasingly common and unlikely to reduce anytime soon – they are used by supermarkets and shopping complexes as well as garage forecourts, so motorists must be vigilant. Many of these have signage which is not easily visible or confusing, unreasonably high fines, and aggressive debt collection methods.” As part of the new rules, the government plans to make it easier for drivers to challenge a ticket, if there are genuine mitigating circumstances. Simon added: “Anyone wishing to challenge a parking fine, that they have received either on the spot, or in the post after the event, should return to the site, take photos of where they parked, the area generally, as well as any notices displayed about permitted parking, restrictions and penalties. Ideally, they should mark on a rough plan the position of the parking notices and where they parked.

FIRM WIDE

“If they feel they have been unfairly treated, they should appeal the parking fine by following the procedure on the parking charge notice, supplying any supporting evidence which might be relevant. For example, were the notices explaining parking restrictions poorly positioned or obstructed? “The best advice to avoid the hassle, is to look around any car park or apparent private land on which you are to park and take note of any notices about use of the land and parking restrictions, including potential penalties for breach at the time of parking. The new rules should mean that motorists will be able to make a much more informed decision as a result of clear signage and therefore avoid costly fines.”

ALSO APPEARED IN • Gazette And Observer • Bradford Zone • Wharfedale & Airedale Observer • Wharfedale Observer READ ARTICLE ONLINE

CORPORATE

Yorkshire Building Services acquired in MBO deal

One of the North of England’s leading mechanical and electrical solutions providers has been acquired in a management buyout deal. Birstall based Yorkshire Building Services, which was founded in 1992, has a solid reputation in the mechanical and electrical industry, predominantly working in the commercial and industrial sectors. The company’s 65-strong team works for clients throughout the UK providing a full range of mechanical heating, ventilation, air conditioning systems, electrical installations, building management and maintenance services. The buyout was led by David Broadhurst and Mark Peat, who are now both majority shareholders in the business, along with Tim Anderson and Darren Hill, who have also increased their share. David joined the firm when it was established in 1992 and Mark, Tim and Darren have all worked there for more than 10 years and offer over 90 years of combined industry experience. Former directors, Andrew Sutcliffe and Paul Harrison, who themselves completed a management buyout of the firm in 2007, will continue to work in the business for the foreseeable future.

The buyers were advised by Cathy Cook, from the Leeds office of Yorkshire based solicitors LCF Law, and Dale Coleman from accountants Ford Campbell Freedman provided accountancy, financial and strategic advice. Adrian Ballam from Ward Hadaway advised the sellers. David Broadhurst says: “Over the last 30 years Yorkshire Building Services has established a superb reputation for the breadth of projects we work on and the practical approach to the design and innovative engineering solutions that we offer. Our extensive client base now includes the likes of M&S, Waitrose & Partners, Morrisons, Royal Mail and a recent introduction into public sector work. “Both Andrew and Paul have been key to this and have always strived to lead a well-run business that offers an industry leading standard of service. The buyout comes at a time when the business is thriving, and we are working on a vast range of exciting and innovative projects throughout the UK including DWP Job Centres, HSBC data centres, MOJ COVID reduction works and local authority leisure centres.”

CORPORATE

Cathy Cook, who is a partner within LCF Law’s corporate department, comments: “After completing a management buyout themselves, Andrew and Paul knew the importance of succession planning, and in recent years had already taken steps to pave the way for the new shareholders. “This thorough preparation made it a seamless transaction to work on because everyone involved was unified and already had a clear understanding of the eventual outcome. This resulted in a very smooth transition for Yorkshire Building Services’ clients and team, and the MBO is a fantastic example of how other business owners and management teams can plan effectively and successfully for the future.” Dale Coleman, partner at Ford Campbell Freedman, adds: “We have a longstanding relationship with Yorkshire Building Services providing them with strategic and planning guidance at appropriate times together with accountancy, audit and corporate tax advice for more than 20 years. “After working with Andrew and Paul on their buyout in 2007 and supporting the company through a period of growth since then, it’s been a pleasure to advise the team on passing the business to the next generation of shareholders and completing their entry to exit plan. We’re now looking forward to continuing our work with David, Mark, Tim and Darren as they take the business forward.”

ALSO APPEARED IN • BusinessDesk • Yorkshire Post • Industrial News • Bdaily • The Yorkshire Times • Yorkshire Insider Daily • Yorkshire Post web • Construction Index • Insider Media Limited • Business Link • Yorkshire Business Daily READ ARTICLE ONLINE

FAMILY

LCF Law welcomes family specialist Rachel Baul to the firm

A well-respected solicitor from Harrogate, who has more than two decades of experience in dealing with all aspects of family and matrimonial law has joined LCF Law. Rachel Baul, who is renowned for working on high-net-worth financial cases that involve people who have businesses and trust assets in the UK and overseas, has worked in Harrogate for over 20 years. Rachel’s bespoke knowledge of agricultural valuations, subsidies, inheritance considerations, and how the courts approach these matters, means she regularly represents farming clients. She has a great deal of experience dealing with cases involving significant and complex financial assets on and offshore, and she also regularly represents sportspeople and medical professionals. Rachel advises clients on divorce, judicial separation the dissolution of civil partnerships and cohabitation law. Rachel also specialises in drafting cohabitation, pre-nuptial and post-nuptial agreements for people who have assets they want to protect.

Rachel said: “My role is to resolve financial issues and disputes when relationships break down and protect assets as people embark on new relationships. Helping people divide businesses and pensions when divorcing or ending a civil partnership can be very complicated, as is making practical and financial arrangements for children. I’m here to make things as straightforward as possible and achieve the best possible outcome for my client. I wanted to move to LCF Law because I was keen to work at a progressive firm that values its team. Since expanding into Harrogate in 2015 with the acquisition of Barber Titleys, LCF Law has made a big impact in the town, and I have admired the firm’s drive to exceed client expectations, all whilst supporting its staff and the local community.”

FAMILY

Partner, Rachel Spencer Robb, who is head of the family law team, said: “Rachel is a tenacious and pragmatic solicitor who is also very approachable. She’s renowned for providing quality advice throughout a process that can often be stressful and difficult. Many clients come to Rachel through personal recommendation, and she is a welcome addition that will help us to continue to grow our family law offering in Harrogate and throughout North Yorkshire.” Rachel is a former President of Harrogate & District Law Society. LCF Law has a 15-strong personal law department, which is recognised throughout Yorkshire and beyond for its trusted advice and professional service. LCF Law is based at a 4,000 square foot open plan office within The Exchange on Station Parade in Harrogate, providing specialist advice on every aspect of the law, including property, planning, corporate, residential property, employment law, family law, probate, wills and trusts.

ALSO APPEARED IN • Business Link • The Yorkshire Times • Bradford T&A • Yorkshire Insider Daily • Yorkshire Business Daily • BusinessDesk • Insider Media Limited • Bradford Zone • Yorkshire Post • The Harrogate Guide • Your Harrogate Radio READ ARTICLE ONLINE

FAMILY

Divorce rates fall as date for no fault divorce looms

According to latest figures from the Office for National Statistics (ONS), show that divorce rates fell during the year of the first lockdowns, despite widespread predictions that they would rise due to the stresses and strains placed on couples by the coronavirus pandemic. The ONS states that in 2020 there were 103,592 divorces granted in England and Wales, a decrease of 4.5 per cent on the previous year. Rachel Spencer Robb, who is a partner and head of Bradford based LCF Law’s Family Law team in Yorkshire, said: “Some legal firms reported they were experiencing a 40% increase in divorce enquiries during the lockdowns, with couples citing financial woes and being stuck in close confinement as reasons for separation. We experienced a 25 per cent increase in enquiries during 2020, but not all related to divorce. “One area that we experienced more enquiries about in particular, was in relation to the contact arrangements for children, where parties were already separated, but were not sure how to navigate the confusing and ever-changing rules around lockdown, isolation and bubbles.

“The majority of the clients we helped said that their decision to divorce was impacted by lockdown. Many found that problems in relationships that were probably there all along were brought to the forefront by lockdown, due to the extra pressure of home schooling, no space from each other and money concerns. Most clients were still keen to avoid a court battle where possible, which resulted in more mediation work.” The figures from the ONS also revealed that there was a rise of more than 40 per cent in same-sex couples divorces – rising from 822 in 2019 to 1,154 in 2020. Of these, 71 per cent were divorces between female couples. Rachel added: “The number of same sex divorce cases we have advised on has increased in line with the ONS figure, and we expect to see a further increase in those figures when the new no-fault divorce law comes into effect on 6th April under the Divorce, Dissolution and Separation Act 2020. When talking to clients this year, we have found that some couples are happy to wait until April, but others are pushing ahead to divorce right away.”

FAMILY

The changes are the biggest shake up of divorce law for 50 years. It will allow married couples to divorce without assigning blame. The new legislation will remove the need for evidence of adultery, desertion or unreasonable behaviour in divorce proceedings. Rachel concluded: “It is hoped that the new no fault divorce law will reduce the acrimony that often arises, particularly when the fault-based grounds of behaviour and adultery are contested, as this results in unnecessary legal costs and delays. Not having to assign blame should therefore reduce conflict, which is a really positive step forward, but there will still be cases where separating parties do not agree.

“If anyone wishes to choose one of the five current reasons for a divorce, which are unreasonable behaviour, adultery, two years’ separation if both parties consent, five years’ separation if one party objects, or desertion, they will need to do so well in advance of 6 April 2022. After that date, all applications will need to be made via an online portal.” Rachel Spencer Robb has more than 20 years’ experience dealing exclusively with family law issues and is a qualified mediator, as well as an Accredited Specialist of Resolution. READ ARTICLE ONLINE

EMPLOYMENT

Employers and HR teams won’t want to miss this free webinar

A FREE webinar offering employers and HR teams a valuable insight into how they can manage the high levels of sickness and absence that many organisations are currently experiencing, as well as exploring the latest salary and employment trends, will take place later this month. Ilkley law firm, LCF Law and recruitment experts, Hays, will host the 60-minute webinar at 9.30am on Wednesday 16 February 2022. During the event, experienced employment lawyer and senior associate from LCF Law’s corporate team, Gemma Sherbourne, will highlight key ways of managing sickness absence, with a focus on mental health and wellbeing. In addition, Claire McManus, from Hays, will discuss how Brexit, Covid-19 and hybrid working policies have forever changed the world of work, and the subsequent impact on salaries and talent strategies for 2022. This latest webinar follows a successful event that the duo hosted 12-months ago, which attracted an audience of more than 60 business owners and HR professionals from both the public and private sectors.

Gemma said: “Last year our free webinar for employers and HR professionals covered the key issues that we were facing at the start of 2021, including furlough and managing home schooling. Fast forward 12 months and these have been consigned to HR history, because so much has changed in such a short space of time. “This latest webinar will address the current challenges that employers are facing right now, with a big focus on managing sickness absence, which has quickly become a major issue during the first few weeks of this year. In addition, Claire has an unrivalled understanding of what both employers and potential candidates expect from job roles in 2022 and will offer a fascinating insight into what the future of work looks like. “The event is completely free to attend and will be packed with insightful information, before concluding with questions and answers, and we’d urge anyone interested to register now to secure a place.”

EMPLOYMENT

ALSO APPEARED IN • Wharfedale & Airedale Observer • Wharfedale Observer • Gazette And Observer • Yorkshire Post • Business Up North • Bdaily • Yorkshire Business Daily • Harrogate Advertiser Series READ ARTICLE ONLINE

EMPLOYMENT

Can no jab mean no ‘sick’ pay?

With all the stories in the press and headlines reporting that yet another company is ‘withholding’ sick pay for unvaccinated staff, what is the legal position for employers that choose this path? Current rules For those who have received the Covid-19 vaccine, there is no longer a requirement to self-isolate where they have been in contact with a confirmed case of Covid-19. Instead, they are advised to carry out daily Lateral Flow Tests (LFTs) for 10 days from the date of the contact and to isolate only if they develop symptoms or test positive on an LFT, or both. However, those who have not been vaccinated are required to selfisolate for the full 10-day period following contact with a confirmed case of Covid-19. In this case, at present, they would be entitled to receive statutory sick pay (SSP) as they are isolating in line with the regulations.

Firms cutting sick pay for the unvaccinated A growing number of companies have announced that unvaccinated employees will no longer be paid company sick pay, unless they personally test positive for Covid-19 or have symptoms which mean they are unable to work. Many press reports state these companies are ‘withholding sick pay’ from employees. However, this is not altogether surprising; before Covid-19, company sick pay would not usually have been paid to staff who are not actually unwell. This situation is not about staff who have symptoms or test positive for Covid-19. This is about those who are otherwise completely fit and well but are not able to work purely because they are required to isolate due to their vaccination status.

EMPLOYMENT

For the last 18 months, many companies have agreed to pay company sick pay where staff are required to self-isolate, even where the employees in question have not been unwell. This has been fuelled by the unique circumstances of the pandemic which meant large numbers of people have had to remain away from work, despite being well, because that was the legal requirement for anyone who had been in contact with a confirmed case of Covid-19. However, following the hugely successful vaccine rollout, that is no longer the case. Instead, it is only the unvaccinated who have to isolate - those who are vaccinated can attend work as normal. Many employers are therefore taking the view that if employees have made a choice not to be vaccinated, they should no longer benefit from these enhanced sick pay terms, at a substantial cost to the employer. Other circumstance where company sick pay is not paid It is also worth noting that there are already a number of other circumstances where company sick pay is sometimes not paid to employees who are off work because of a personal choice they have made. For example, company sick pay is often not paid to staff who have elective surgery or become injured after participating in extreme sports. These employees are still entitled to receive SSP if they can’t work, but company sick pay would not be paid as the situation leading to their non-attendance at work is the result of a personal choice. The same could be said to be true of staff who have made the choice not to be vaccinated against Covid-19.

Are employers taking a risk with this approach? So, is this something that employers can do, or is there a risk in taking this approach? That really depends on the specific circumstances relating to each individual employer, and the particular employee in question. It could, in some cases, amount to a contractual change. In such cases, if employers don’t follow the appropriate procedures to implement that change, it could lead to claims for unlawful deductions from wages, breach of contract or even constructive unfair dismissal. Equally, there is invariably a risk of discrimination claims arising if such a policy is not implemented in an appropriate way. For example, if an employee has chosen not to be vaccinated due to religious reasons, such a policy could lead to claims for indirect discrimination. Similarly, if an employee who has a disability – but who is medically able to have the vaccination – has for reasons related to their disability chosen not to do so, it could lead to claims of discrimination arising from disability or failure to make reasonable adjustments. No one size fits all The devil, as always, is in the detail. There is no ‘one size fits all’ and employers are advised to seek legal advice on the detail of their individual policies if they wish to stop paying company sick pay to unvaccinated staff in these circumstances. And as with everything arising from the Covid-19 pandemic, this is a constantly evolving situation, and it remains as important as ever to keep up to date with changes in the law. READ ARTICLE ONLINE

REAL ESTATE