Out with the old and in with the new…Brexit, the new subsidy control measures, and what they mean for your charity.

This article covers what is reasonable, disciplinary procedures and discrimination claims.

A recent case examines the so-called ‘costs plus’ rule when considering indirect discrimination justification.

Decision took account of employee’s length of service prior to leaving the organisation.

A closer look at your charity’s obligation to prepare and file annual accounts.

Your questions answered.

A closer look at your charity’s obligation to prepare and file an annual report.

We are delighted to announce that Wrigleys is now a member of the Brain Injury Group’s Court of Protection panel.

Employers need to be aware of this increasingly important provision.

We explore what we have learnt about Academy Trust Governance during Covid-19.

A closer look at your charity’s obligation to file an annual return.

Wrigleys are delighted to have welcomed new solicitors and tax professionals into three different teams across the firm during 2020.

EAT decision strikes balance between rights and protections created under the Agency Workers Regulations 2010.

We look at the position for special schools and alternative provision following last night’s televised address by Boris Johnson.

EAT: An employer’s motive and conduct in making a role redundant is not relevant to determining if a redundancy situation exists.

When will large gardens and grounds qualify?

GMP equalisation – our pensions team look at the outcome of third Lloyds case on transfers and consider some of the practical issues for trustees.

Wheatlands Aire Valley Engineering Limited (WAVE) puts in place new employee ownership trust.

Wrigleys are pleased to announce 4 promotions across the firm's 3 offices: Sheffield, Leeds and Newcastle.

DBS recommends employers change recruitment questions about convictions and cautions to reflect these new rules.

What should schools and academy trusts consider before observing remote and face to face lessons in the Covid-19 crisis?

Redundancy payments should be based on pre-furlough pay but what happens where employees have no normal hours?

LMS a 21 year old with Sotos Syndrome, significant autism and some learning disability lacked the capacity to manage her own finances.

High Court: UK has failed to implement EU law protecting workers from detriment on health and safety grounds.

Proposed reforms to IHT & CGT: How might the government balance its books in the long term & attempt to recover some of the financial costs of COVID?

Recent case considered whether an employer could have prevented a practical joke that caused injury.

Local Government Ombudsman considers whether deputyship costs should be allowed as an expense in residential social care means testing.

We look at the key highlights for multi academy trusts from the DfE’s School and Trust Governance Investigative Report.

Interest in establishing a Mutual Home Ownership Society (MHOS) is growing among CLH groups. We explore what it means to be an MHOS & how it works.

Long-term affordability is often a key aim for community-led housing groups. Here, we outline models which can facilitate perpetual affordability.

Formerly shielding individuals advised not to attend work during lockdown.

Government announces furlough support as previously available at 1 August.

Employees on maternity leave have special protections which employers should be aware of as they make key workforce decisions in the coming months.

Is there a lower expectation of privacy for those working in certain professions?

It’s become increasingly popular for surplus land to be considered by town & parish councils for community-led housing. We explore the reasons why.

Is the LGO making the right call with complaints around deprivation of capital? We look at two recent decisions which have raised concern.

Employers’ contribution to the wages of workers on the scheme significantly reduced.

EAT confirms the Acas Code of Practice applied where a protected disclosure led to dismissal.

Value-for-money is a daily concern, driven by funding constraints and compliance. So what are the key considerations for academy trusts and CEOs?

At Wrigleys Solicitors, we have been at the forefront of the community-led housing movement for over thirty years.

Health and Safety Executive guidance includes advice on supporting vulnerable workers and first aid cover during the pandemic

Highlighting recent cases and guidance.

The Secretary of State has directed that remote education shall be a legal requirement. So what does this mean for schools and trusts?

As a remote education offering is soon to become a legal requirement, a reminder that safeguarding duties persist.

A long awaited catch up.

As a former academy trust CEO is barred from school management, we look at the lessons that can be learned.

Key considerations for employers dealing with requests to work differently in the context of the ongoing Covid-19 pandemic.

This is an attempt to make it easier for people to record their final wishes whilst continuing to protect the elderly and the vulnerable.

Employers must fund at least 55% of normal wages if claiming under the new scheme.

The first Child Trust Funds have started to pay out this month.

What are the legal considerations for school leaders?

Particular adverse effects of delusions on the individual were not ‘long-term’.

Government minister says HMRC is working on planning assumption of 5-10% error and fraud rate.

The Wrigleys’ charities and social economy team is delivering a series of webinars this autumn.

Is your school discriminating against pupils with disabilities because of Covid-19 risks?

As covid restrictions flux and local lockdowns increase, agile governance is ever more important. What does this mean for schools and academy trusts?

Public concern fails to trigger a meaningful investigation.

Laurel Sleet and Daniel Lewis have been offered permanent roles.

Unfair to dismiss for reputational damage when this was not put to the teacher as a formal allegation.

The House of Commons Treasury Committee has taken evidence from a panel of tax experts on its inquiry called “Tax after Coronavirus”.

Following lockdown and the phased and full opening of schools, we look at the importance of ensuring your contracts are up-to-date.

Case helpfully clarifies an important aspect of the interaction between reasonable adjustments and s.15 discrimination claims.

Recent case suggests a reasonable adjustment may take the form of an undertaking.

Key changes to the Coronavirus Job Retention Scheme and how to calculate termination payments for furloughed staff.

Employers cannot claim the Job Retention Bonus where the employee is under notice of termination of employment before 1 February 2021.

Court case confirms that members of charitable companies are fiduciaries and owe duties as such. We look at what this means for charitable companies.

Court identifies significant factors for a tribunal to consider when determining employment status.

We look at how students might request grading information from schools and colleges following results day and how to deal with such requests.

A court case has confirmed that members of charitable companies are fiduciaries and owe duties as such. We look at what this means for academy trusts.

HMRC has announced two new tax reliefs for housing co-operatives.

Some key legal considerations for employers carrying out formal consultation processes.

It's now over two years to the month since the biggest change in data protection law for a generation.

The way an athlete was funded meant that there was no employer-employee relationship.

Latest updates from the Law Commission report.

Although offering an appeal is recommended, there is no statutory right to one in redundancy situations.

Wrigleys are delighted to welcome Orlando Bridgeman to their Newcastle office.

Law Commission recommends exemptions for CLH developments from freehold acquisition claims.

The recent ECJ judgment in Schrems II has shaken up data sharing arrangements outside the EEA. We look at the impact of the decision on charities.

The Office of Tax Simplification is reviewing Capital Gains Tax. We look at how this might affect Wrigleys’ rural clients.

We answer the questions most asked by our clients about the recently announced Stamp Duty Land Tax holiday.

This article touches on governance, charity law and conflicts.

This article explains the legal requirements that come with exempt charity status.

The Black Lives Matter movement has made diversity a focus for schools and trusts. We look at the Charity Governance Code and how this can help you.

Plans include a Job Retention Bonus for employers who keep on furloughed staff and opportunities for young people.

Follow our solicitor as she develops her own cohousing project.

Recent case highlights the difference between working under a contract of employment and ‘collateral work’.

We look at the law and our experience of transferring contracts from a local authority to the deputy.

Complaints continue to be received by HMRC about possible furlough fraud by employers.

We consider the ICO’s guidance for organisations conducting testing of employees and provide practical advice for complying with data protection law.

This article explores the use of DPIAs in schools, when they must be used and tips on undertaking a meaningful assessment of data protection risks.

The following guide summarises the key requirements that members and boards of academy trusts must satisfy when making decisions.

What are the implications of monitoring employee communications in the current crisis?

Tax tribunal decision offers helpful summary of the law on employment status.

The new Academies Financial Handbook has been published which will be effective from 1st September 2020. We look here at what it means for your trust.

Sixth form colleges are governed by corporations or academy trusts, as exempt charities. We explore what this means and complying with their duties.

The Corporate Insolvency and Governance Act is currently being considered in the House of Lords and is expected to become law later this month.

New Government guidance on flexible furlough published and new HMRC enforcement powers announced

Some of your questions answered.

Increasingly, charities are considering including community-led housing as part of their activities - we look at some of the key considerations here.

With new quarantine rules in force, can employers exercise control over where an employee goes on holiday or whether they go on holiday at all?

A look at some of the most common issues with poorly drafted Wills.

Teachers are finding it understandably difficult to adapt to remote working.

The importance of keeping your Will updated and letting people know where it is.

HMRC to Allow Applications for Post-Transaction Refunds Based on the Replacement of Main Residence Exemption Outside of the Usual 3 Year Time Limit.

What happens to your digital assets on the event of death.

The Wrigleys employment team is delivering a series of webinars on equality in the workplace this summer.

Decision highlights the limits of a generic confidentiality clause in settlement agreements.

The history of the trade union movement evidences the impact unions have had on protecting the health, safety and welfare of staff.

We look at a recent case which has provided helpful clarity in relation to a school’s capacity to enter contracts.

Government outlines changes to the Job Retention Scheme to take place between July and October 2020.

Wrigleys Solicitors and Satis Education partner up to provide a comprehensive service for academy trusts.

The Court of Appeal rule that the Right to Rent Scheme is not incompatible with the European Convention on Human Rights.

Important considerations for employers who have decided to furlough staff

The key risks of changing terms on a TUPE transfer – even when they are beneficial to the employee.

Our CLH team held a virtual social in May, the theme of which was what the future holds for the sector, in the aftermath of the Covid-19 epidemic.

How can the Covid-19 epidemic offer an opportunity to reshape capitalism towards a kinder, more inclusive economy?

In this article, we look at some of the limitations of the B Corp model in improving corporate responsibility.

Why are criminals using international students and what can students' unions be doing to raise awareness and protect students?

The Wrigleys community-led housing team is delivering a series of bite-size webinars.

We look here at whether schools and academy trusts must comply with DfE guidance on the phased wider opening of schools from 1 June 2020.

The Tenant Fees Act prohibits many fees landlords might charge other than basics like rent, deposit, and utilities. Are all your charges permitted?

Employers face potential exposure to claims where furlough results in a reduction in pay.

How can charities ensure they continue to be financially sustainable during the Covid-19 pandemic?

We summarise here the key elements of the phased wider opening of schools from 1 June 2020, announced by the Government on 11 May 2020.

How can employers avoid discrimination during the Covid-19 crisis?

As we reach the end of the seventh week in lockdown, and the media is full of eager reports about how we might get back to normal, I thought I would reflect on how Wrigleys has managed in this period. Our clients lives have not stopped because of the lockdown and a range of challenges […]

Find out how Wills help you to provide for your "blended family" after your death.

What happens next? Here are our recommended steps.

The Supreme Court has final say on long-running series of cases caused by an intentional data leak.

Further emergency measures are to be introduced to protect tenants from landlords 'aggressively' pursuing rent arrears.

We consider important steps to take in this lock down period in relation to your property insurance.

Since the lockdown was announced on 23r March we have all had to adapt our daily and working lives. Deputies and attorneys have also had to find new ways to carry out their duties and to make sure the person they act for is protected, cared for and have all they need. To help work […]

As the Coronavirus Job Retention Scheme goes live, HMRC provides helpful guidance on calculating claims.

We consider the application of the Coronavirus Job Retention Scheme to rural businesses and other Covid-19 related concerns affecting the sector.

We look here at the changes to admissions appeals procedures being introduced by the DfE in response to Covid-19.

What issues does Covid-19 present in the estate planning context?

15 April 2020

We share with you some of the most frequently asked questions relating to COVID19 and data protection issues.

The Government has further clarified some details of the Job Retention Scheme.

For charities and social enterprises.

Executing contracts during the Covid-19 pandemic.

This article addresses some of the types of insurance potentially relevant during the current COVID-19 pandemic and related effects on businesses.

In the recent case of ACC and others [EWCOP9] 2020 the Court of Protection has provided a helpful reminder to deputies as to what falls under the general authority as outlined in the deputyship order and also when to seek specific approval for contentious litigation and instructing other departments in a professional deputy’s firm. The […]

We look here at the DfE guidance, published today, on school funding for the exceptional costs associated with Covid-19.

The Government has clarified some details of the Job Retention Scheme.

Many independent schools are facing extremely difficult decisions in the light of the Covid-19 restrictions.

With schools closed, exams cancelled and new guidance issued on almost a daily basis schools are adapting quickly to deal with the current crisis.

The Pensions Regulator (TPR) has issued a series of guidance notes regarding the impact of the COVID-19 pandemic on UK pension schemes.

Active risk management is a key duty of charity trustees. The Covid-19 pandemic is an example of a risk arising.

The law offers contracting parties limited relief from contracts when they become difficult or impossible to perform.

Many employers are facing extremely difficult decisions in the light of the Covid-19 restrictions and are working hard to find solutions.

The Covid-19 pandemic is a "black swan" event and lockdown, social distancing and self isolation are the immediate consequences for individuals.

Charities and social enterprises are grappling with how to manage meetings in this new era of working life.

An update for charities and social enterprises.

In these uncertain and unsettling days we are all being forced to consider difficult issues.

Employers need to consider how they will adapt to make sure policies and procedures are applied appropriately during the current circumstances.

Scheme is open to all employers but those receiving continuing public funding to cover wage costs are not expected to use the scheme.

We look here at the precise terms of the Government announcement and the options open to special schools.

Dishonesty in investigation report was a fundamental breach of contract.

Changes for employers to note.

We summarise the main tax policy announcements in the government's first budget of 11 March 2020.

The Information Commissioners Officer (ICO) has recently issued reprimands to two schools.

Advice for employers on how to approach coronavirus and related employment issues

This case involved concerns raised by the Office of the Public Guardian (OPG) about the way an attorney was looking after his father’s affairs.  There is nothing unusual in that and the OPG often brings cases to Court where their investigations of an attorney’s behaviour have found problems.  In this case, the attorney felt aggrieved […]

And what impact does this have on the nature of protected conversations?

Our solicitor Laura Moss talks about her own experiences developing a co-housing project.

Do community-led housing organisations need to register with the Information Commissioner's Office?

EAT confirms employee must show the effect of their impairment is 'long term' at the time of the discriminatory acts.

The Spring Budget is due to be announced on 11 March 2020, will the Community Housing Fund be affected?

It's been almost two years since the GDPR came into force. We look at its impact and the ways schools can develop best practice in data protection.

The CLA has submitted a pre-Budget paper to the Treasury calling for diversified rural businesses to be taxed as a single trading Rural Business Unit.

When the decision-maker's reason for dismissal is not the real reason.

Here we consider what tax policy announcements we might expect in Sajid Javid’s first budget on 11 March 2020.

Judge finds views were incompatible with human decency and conflicted with the fundamental rights of others.

An update in relation to the current position with the Probate Registry.

Dismissal and breach of right to privacy were justified by potential risk to employer's reputation as statutory safeguarding partner.

Deputies are required to provide the OPG with an report each year detailing how they have managed the funds of their loved one. The OPG may ask you for evidence of your expenditure or ask you to justify certain expenses. It is therefore important to keep full and accurate records. Attorneys are not supervised in […]

Lynne Bradey, partner at Wrigleys, welcomed Hywel Jenkins as he joined the health and care team in Sheffield.

Recommendations for significant changes to the current regime are published.

Good news for those who will potentially inherit more, but, the reality is that the Government rules rarely operate in the way people expect.

Homeworking is becoming increasingly popular but employers should consider a number of important issues before agreeing to it.

Will leaving the EU and the new political landscape mean more or less protection for workers?

As professionals specialising in Court of Protection work we often hear from clients that they have been told by social services that they have to sell their parents’ home to pay their care fees. This is often a very stressful time for families and understanding what needs to be done and why can help make […]

Are you a social enterprise looking for free legal support? We are pleased to announce the launch of our new legal clinic for social enterprises.

The Court of Protection was asked by TQ a former carer of P to make a health and welfare deputy order under Section 16 in her favour. P has a life long diagnosis of a severe form of epilepsy, has severe global delay, is unable to verbally communicate and cannot walk. P requires 24 hour […]

Introduction of race criterion in pre-registration of interest interview process was direct discrimination.

The Office of the Public Guardian (OPG) is responsible for supervising deputies and it has an important role in investigating allegations of wrong-doing by both deputies and attorneys. The OPG also keeps registers of all deputyship orders and Lasting Powers of Attorney (LPAs). These registers can be searched by member of the public. The OPG […]

You might have seen ‘What does the Court of Protection have to do with my vote?’ and ‘What does the Court of Protection have to do with my wedding?‘ (What other decisions can the Court of Protection make and when can it make them?  The case of PWK gives us some answers. It is not […]

Employment tribunal judge was 'overwhelmingly' satisfied that ethical veganism met the necessary tests.

In circumstances where a deputy or attorney is acting for someone (I will call them ‘P’ because that is the way they are referred to in the Mental Capacity Act 2005), that person usually has other day to day care needs. In this blog I am going to look at making payments to recognise the […]

EAT: threat was materially influenced by employee's refusal to work at site after rest break refused.

We look here at what it means for a school or academy trust to be an exempt charity and how they can comply with their duties.

Recommendations of Low Pay Commission accepted subject to parliamentary approval.

Developers are adopting new practices in response to the proposed ban on leasehold houses.

How to make a successful start as a deputy or attorney Acting as a property and affairs attorney or deputy for a loved one can be a daunting task, but it is one that more and more of us are facing. You have the job of looking after some else’s finances and you very much […]

As the holiday season dawns upon us, so does a newly elected government following the recent general election with a turnout of just under 32 million voters – approximately half the population of the UK! Prior to the election, I had overheard a conversation between one of our paralegals and one of our clients, a […]

The impact of the FCA's new rules on what they term 'Speculative Illiquid Securities'

Election manifestos promise key changes to employment law provisions in the UK.

The Brexit Party's Manifesto includes only two pledges in relation to tax.

We look here at the Green Party's key tax pledges in their proposal for a 'Green New Deal'.

Like all of the three main parties' manifestos, the treatment of capital taxation in the Liberal Democrats' manifesto is limited. What can we glean?

With the claim to raise £83 billion through reforms to taxation, we look here at the key tax pledges in their proposal to bring about 'real change'.

We look here at the Conservative Party's key tax pledges in their proposal to 'unleash Britain's potential'

A lot of people understand that the Court of Protection makes decisions about people’s finances.  The Court’s powers are much wider than this though. Where there is a dispute about whether a person has the mental capacity to marry, the Court of Protection will make a decision.  That is what happened in this case. In […]

Installing hidden CCTV leading to workplace dismissals did not violate employees' rights to privacy.

Recent employment and tax law decisions highlight risk that "self-employed" individuals engaged through their own companies could be employees.

We look here at the key Conservative pledges for schools following publication of their manifesto yesterday.

We look here at the pledges for schools in the Brexit Party's 'Contract with the People', published on Friday.

Employer was not found liable because it had taken all reasonable steps to prevent discriminatory act

We look here at the key Labour Party pledges for schools and the National Education Service, following publication of their manifesto yesterday.

We look here at the key Liberal Democrat pledges for schools and the early years following publication of their manifesto yesterday.

Courts and tribunals are not obliged to follow it, but guidance may be used as evidence in proceedings.

Given the uncertain election outcome and the chance that the Greens may find themselves in coalition with Labour and the SNP, it is worth a read.

The £5billion question

Employee made redundant after employer refused to allow her to continue to job share.

We look here at the manifesto pledges schools can expect to see ahead of the General Election on 12th December.

Acas has published guidance for employers on supporting staff who are going through the menopause.

A tribunal must make findings of fact in regard to improper conduct before disapplying s.111A.

A number of recent developments may extend whistleblowing protection beyond employees and workers.

Employment tribunal: Lack of belief in "transgenderism" is incompatible with human dignity

Could the recent growth in student housing co-operatives be one solution to the challenge of housing students in an affordable, fair way?

Some of the Wrigleys team recently attended the excellent Capacity, the Internet and Social Media conference organised by the Brain Injury Group.  We were treated to very practical and helpful sessions from an eclectic mix of speakers. The main takeaway points for us were: The concerns we have over vulnerability aren’t unique to the internet […]

EAT upholds tribunal's decision that conduct was unwanted but not related to the claimant's sex

There are a number of interesting projects happening in York at the moment, the most high profile of which are:

What do employers and employees need to know about protests?

One of the solicitors in our community-led housing team, Laura Moss, is in the process of setting up her own cohousing project.

Establishing a new cohousing community

The national Court of Protection team are delighted to have been recognised in the national legal directory Legal 500, 2020, for a new ranking of tier 2. The team’s new profile reads: “Wrigleys Solicitors LLP covers all aspects of property and financial affairs and currently manages 101 deputyships and over 300 trusts. The specialist team […]

How does this request sit within the GDPR framework?

The latest in our lecture series in honour of the late Matthew Wrigley, a founding partner of the firm, began on a sunny evening at Harewood House.

EAT agrees that out of hours GP paid through her own company was a worker

EAT rules that a partly self-interested disclosure could still pass the public interest test

Proposals to reduce ill health-related job loss

The How to Rent guide has been updated

In this case, Allied Services Trust applied to be a property and affairs deputy for a person known as TWAH. The CEO of Allied Services Trust was already acting as interim deputy.  The Court looked at whether Allied Services Trust could be a deputy and if it could, what the requirements would be. Readers might […]

Recent changes to non-statutory guidance produced by the Safer Recruitment Consortium

Why schools might be cautiously optimistic going into the new year.

Private Client advisor Lucy Hargreaves is celebrating her place on the definitive annual list of young private client practitioners across the UK.

The Department for Environment, Food and Rural Affairs has published a response to the consultation on a new statutory scheme.

EAT reminds employers and their advisers to be specific.

The Office of the Public Guardian (OPG) has released guidance about its complaints and feedback procedure. The guidance can be found here. The guidance only relates to services the OPG provides and not any other body such as the Court of Protection or the High Court. The guidance details the information you will need to […]

The guidance is designed to clarify key aspects of NDAs and signposts where to get advice from.

The Wrigleys community-led housing team are hosting a series of lunchtime Twitter Q&A sessions throughout September and October.

The recent case of FL v MJL [2019] EWCOP 31 looked at the authority of a deputy to make gifts from the surplus income of the person whose funds he manages. MJL is a very wealthy individual with wealth of around £17,000,000 resulting in an income in the region of £123,000 but the court’s decision […]

Court of Appeal confirms school was wrong to pay holiday pay at the rate of 12.07% of earnings.

"Current model is dependent on individual enforcement rather than seeking institutional change" say Committee.

We are very pleased to announce that we are working on proposals to develop low cost homes in York, with Yorspace and Lowfield Green Housing Co-op.

EAT provides useful guidance on a developing area of potential liability for employers.

This is helpful for persons who may be at risk of personal threat of harm because of their public profile or sensitive occupation.

Fiona Wharton joins the top tier Charities and Social Economy team.

The MEES regulations prohibit the grant of any new leases of buildings with an energy efficiency rating as shown on an EPC of below an E.

If someone is employed illegally, will they have any rights under the employment contract or any protection under employment law?

The Office of the Public Guardian has just published guidance on how it deals with safeguarding concerns. Court of Protection expert Lynne Bradey explores the guidance note.

The government is seeking public feedback on a number of work-related topics which may interest you

Court of Appeal confirms perceived disability discrimination claims are permissible under the Equality Act 2010

Have you had any issues in obtaining funding?

Making a covert recording could be gross misconduct in some circumstances but the recording may be admissible in the employment tribunal

Proposed community led-housing exemption

Employers need to have a clear non-discriminatory reason for action when dealing with religious expression

Keeping Children Safe in Education: revised statutory guidance is expected to be in place from 2 September 2019.

We are seeing an increasing number of town councils and parish councils explore the possibility of using their surplus land for community-led housing.

We have matched last year's success by maintaining their Band 1 ranking (regional guide) and are still a recognised National Leader (outside London).

We look here at the key messages from the latest ESFA letter to accounting officers of academy trusts to help you plan and prepare for what's coming.

How might community-led housing help in providing enough rental housing for our ageing population?

Charity Bank is inviting trustees, directors, CEOs and managers of charities and community organisations to sign up for their free event.

The fee to make an application to the Court of Protection will reduce to £365 from 22 July 2019. The Court Fees (Miscellaneous Amendment) Order 2019 was laid before parliament on 1 July 2019.  The Order decreases Court fees payable in certain areas including the Court of Protection.  The application fee for Court of Protection […]

We are pleased that the Lord Chancellor has announced the discount rate for personal injury lump sum compensation payments. The discount rate governs the amount of money a client should receive when they are paid compensation now for expenditure that will happen in the future.  That could be to purchase an adapted vehicle or equipment […]

Simplifying the design of Inheritance Tax

The ICO has taken action against British Airways under the GDPR. We look at the facts of the case and implications for charities & social enterprises.

Earlier this year this blog analysed the case of Re B: (Capacity: Social Media: Care and Contact) [2019] EWCOP3 in relation to social media. Those who read the judgement will have noticed that the judge also made findings in relation to other questions of capacity that appeared somewhat paradoxical.  There has now been an appeal […]

We consider the recent findings of government research regarding the approach of UK lenders in relation to properties affected by Japanese knotweed.

We look here at the key changes included in the Academies Financial Handbook 2019 and what this means for the sector.

Employer could not reasonably be expected to know about a disability as employee was unlikely to engage with medical enquiries

We are delighted to announce our new Wrigleys office, based in Newcastle, open.

Potentially, a couple could have a combined inheritance tax nil rate band of £1m from 6th April 2020.

The aim and intentions of the consultation, a summary of Wrigleys' response and the government's proposed plans.

Inducements to forgo collective bargaining: the risk of penal awards decreases after Court of Appeal decision.

The Mental Capacity (Amendment) Act 2019 has received Royal Assent. That means that the new liberty protection safeguards (LPS) will replace the current deprivation of liberty safeguards (DoLs).  The LPS are due to come in in 2020 although there might be a period when the two regimes overlap. The LPS apply to people aged sixteen […]

The key findings and recommendations of the Timpson Review of School Exclusion and the impact on exclusions and behaviour management in practice.

Double vision correctable by wearing a contact lens in one eye did not qualify as a disability.

Despite the proposed fees increase which was expected in April 2019, as I write today the fees are still at the same flat rate.

And what to do when directors go rogue…

No discrimination where special treatment is afforded to women in connection with pregnancy or childbirth

What do you need to know about employing children?

Key aspects to bear in mind when offering volunteering and work experience

We find that groups struggle to find accountants who can provide the specialist tax advice needed, we want to share our experience to benefit you.

People who become the subject of Court of Protection proceedings often do so at a time when their life has been impacted by a significant event, or when they are going through substantial change. One of the clear principles of the Court, and of the framework of the Mental Capacity Act 2005, is that capacity […]

Time is running out to help extend the Community Housing Fund as the deadline for the Government's recent call for information is this Friday 31 May.

The answer to this is very likely to be…NO

Consultation raises the prospect of greater company compliance requirements in future

A recent case highlights the difficulties employers face when new evidence comes to light at appeal

EAT decision confirms that the key question is 'what effect does the discrimination have on the individual?'

The Office of the Public Guardian has issued guidance for attorneys and deputies thinking of investing money for the person whose affairs they look after. The note reminds attorneys and deputies that they can’t do whatever they like with the person’s money, that the person should be supported to make decisions themselves where possible, and […]

An agreed exit for school staff via a settlement agreement may be trickier than you think…

An event fee is a charge made by a landlord on the occurrence of a specified event, for instance, if a tenant sells its lease.

When applying to be appointed as someone’s financial Deputy or awaiting a registered Lasting Power of Attorney to be returned from the Office of the Public Guardian (OPG) it may feel like the hard work is over once the document arrives in the post. In reality however, registering the document with financial institutions and utility […]

An agreed exit for school staff via a settlement agreement may be trickier than you think…

The range of options available, and the importance of acting early with professional input

Wrigleys are pleased to announce 4 promotions in the firm's Leeds office.

A recent case considered a warden and receptionist being on call overnight at a caravan site

Yes sometimes…

Case law has considered the actions of an over-exuberant attendee to an office party in what continues to be a fact-specific area of law

Cheshire Police were found to have directly discriminated against a white heterosexual male candidate

The Office of the Public Guardian (OPG) for England and Wales has just published a six year strategy to improve safeguarding of adults at risk https://www.gov.uk/government/publications/safeguarding-strategy-2019-to-2025-office-of-the-public-guardian. This includes developing a fully online service for users to register a Lasting Power of Attorney (LPA). Whilst more adults than ever now have a registered LPA, EPA or […]

Wrigleys Trustees Limited, our trust corporation at Wrigleys Solicitors, remains a Court of Protection approved panel deputy, available to support people who lack mental capacity. Some professional deputies are called “panel deputies”.  A panel deputy is a deputy appointed from the Court approved list (who have undergone a stringent application process). It is often the […]

A family constitution can help provide structure alongside future-proofing the business.

Probationary periods are a common feature of employment – but what exactly are the implications of one?

Regular readers of the blog will remember when Shaun Hill was jailed for breaching an injunction the Court of Protection had put in place to protect his father.  New readers can find our discussion of that case here . In this case, Imre Stalter was at risk of a jail sentence for breaching Orders designed […]

A disabled employee should have been offered a dedicated parking space as a reasonable adjustment in line with the employer's own policy

Marie-Louise Hamilton has been appointed managing partner and will start the role in May 2019.

Should an employer wait for criminal proceedings to conclude before undertaking an internal disciplinary process?

Did the treatment of a gay head teacher amount to constructive dismissal and sexual orientation discrimination?

Assessing the implications of an absence of affordable housing for teachers, and considering how schools' surplus land could provide solutions.

Employers who refuse rest breaks may be liable for personal injury caused by the lack of breaks

Court of Appeal: employer had reasonable and proper cause to suspend pending investigation of allegations of unreasonable force against children

Court of Appeal: TUPE transfer was principal reason for dismissal in the context of claimant's poor relationship with director of the transferee

Looking at the increasing trend for local authorities to charge for exclusions and the legality of this under the relevant funding regulations.

The internet, and particularly social media, can provide disabled persons with a great opportunity to express themselves, learn new skills and information, locate support, and interact with others. Sadly, it is not without its dangers. The NSPCC reported this month that over 5,000 online child grooming offences were recorded by police in England and Wales. […]

The key elements of the, often either misunderstood or not properly implemented, exclusions procedure for maintained schools and academies.

EAT: teacher's dismissal could not be discriminatory on the basis of the employer's religion or belief but was discriminatory on the ground of sex

Suggested response for community-led housing groups on the consultation paper – submissions due by 10 March

You might remember the case where the outsourcing of Deputyship duties went wrong? In the second round of litigation in this case following the Court’s decision that Matrix had acted not in compliance with either its statutory or fiduciary duty (as mentioned in our Lynne Bradey’s article here “Trust corporation fails vulnerable clients” – link […]

The meaning of the phrase "nursing and other healthcare"

Late teacher's estate awarded damages for school's failure to inform the TPS that she had exhausted sick pay and was not in pensionable service

The meaning of the phrase “nursing and other healthcare” Executive Summary There is a substantial and growing disconnect between the public who see their relatives suffering from profound disability and illness, often involving neurological disorders such as dementia and stroke, and the view of NHS continuing care teams in Clinical Commissioning Groups that such patients […]

The Government Equalities Office publishes new guidance as 2019's gender pay gap reporting deadline approaches

School successfully challenges council's alteration of an Education and Health Care Plan and naming of an unsuitable school

LCN v KF & Ors [2019] EWCOP This sad case involved CJF, a 13 year old boy who had suffered extensive injuries through negligence at his birth and who needed significant 24 hour care for all aspects of his life. He sadly died a few days after the case was decided. CJF’s mother was 18 […]

Supreme Court upholds decision that the rules on disclosing multiple spent convictions in an enhanced DBS check are disproportionate and incompatible

Two changes to the right to work check rules, intended to simplify the checking process, come into force on 28 January.

The EAT has upheld the decision of an employment tribunal that a live-in carer was an employee of the client even though she contributed to tax & NI.

Academy should have known teacher with reactive depression and PTSD was disabled and made reasonable adjustments

In the case of EXB v FDZ [2018] EWHC 3456 (QB) Foskett J, that was the question to be determined. At age 26 EXB was involved in a catastrophic road traffic accident from which he acquired a traumatic brain injury. This injury was expected to be lifelong and meant that EXB would likely need support […]

The OTS's first report focuses on addressing the "practical complexities" of the regime.

The Government is consulting on the way small generators are paid for electricity they export to the grid –what is proposed, and what does this mean?

Continuing our series examining key community-led housing concepts, we look at cohousing as an alternative to more conventional projects.

In December, EHRC published a report on the first round of gender pay gap reporting, focusing on explanatory narratives and action plans.

A look ahead to some of the key changes impacting on employers planned for 2019/20

"Only for rock stars and professional footballers" was once the perception, but the reality is now much different.

You might be surprised to find that the answer is yes. The case This case (Case Reference [2018] EWCOP 35) involves an elderly gentleman known as KJ who suffers from dementia.  There were concerns about the behaviour of two men, one named Shaun Hill.  It appears from the Judgement that KJ was Shaun Hill’s father. […]

We look at the impact of proposed changes to enfranchisement law – community-led housing (CLH) groups should respond before 7 January 2019.

Yes, the refusal of a contractual right to a four week trial period in an alternative role is very likely to lead to an unfair dismissal (EAT).

Incapability dismissal may be unfair and discriminatory if employee is contractually entitled to income when incapacitated by permanent disability.

This article explores the new proposed fees for obtaining a Grant of Probate in England and Wales announced by the Government this month.

If you are a partner of a farming partnership business, it is worth having a written agreement containing the terms of the partnership.

Employment tribunal was right to take a "realistic and worldly-wise" approach as written contract did not reflect the reality of the arrangement

Court of Appeal holds purser paid 50% of full-time pay when available for work for more than 50% of full-time hours was less favourably treated.

We highlight the statutory rights benefitting telecoms operators and how these could affect plans to carry out works to school property.

Court of Appeal holds two directors of a company personally liable for dismissal-related losses.

A recent Court of Appeal decision highlights the risk that data controllers will be found liable for damages due to a data breach of a rogue employee

An in-depth look into the recent case of the Supreme Court overturning a decision made by the Court of Appeal of Northern Ireland.

The sector is under fire again. What is being done and what can you do?

What happens if you instruct your attorney to assist your suicide in your Lasting Power of Attorney? In this case, the Public Guardian made nine applications to the Court of Protection because he had received nine Lasting Powers of Attorney with provisions relating to euthanasia or assisted suicide. Some of the LPAs appeared to have […]

When is an employer liable for an employee's actions?

The first article in a new series, Back to Basics in Community-Led Housing, examining the key concepts in community-led housing.

The tax system is not the most straightforward thing in the world.  Many people with full mental capacity and the ability to access the internet still find they need help to make sure they understand the HMRC policies and regulations. Who helps vulnerable people with their tax? This isn’t just about paying the right amount of […]

Your chance to have a say on the Law Commission's consultation paper, and other questions about the way employment tribunals work

Wrigleys Solicitors are pleased to welcome Hannah Allen, James Haikney and Kimberley Woodhead to its Leeds office.

We look at the impact of community-led housing group's policies on the covenants in its leases - the written obligations between landlord and tenant.

A qualified person can be appointed as deputy for property and financial affairs by virtue of holding an office in an approved organisation. The appointment will continue even if the office holder is replaced by another person. The Office of the Public Guardian should be informed of a change in office holder or other relevant […]

The disqualification by association rules no longer apply to those working in schools and nurseries.

We take a look here at what was new in the key policy announcements made by Damian Hinds in his speech to the Conservative Party Conference.

We take a look here at what we can learn from the speech by the Shadow Education Secretary, Angela Rayner, to the Labour Party Conference.

We look at an example of utilising school land and property, and how the school and academy trust should act.

HMRC has further updated its guidance on compliance with the legislation of the registration of trusts which had tax liability.

Before there is a flurry of over excited gifting, let me make it clear that this gift was only approved by the Court after a thorough consideration of the situation and a best interest assessment. Attorneys have very limited powers to make gift without the Court’s approval.  For example, an attorney can buy a birthday […]

Set out below is a suggested budget representation on the impact of SDLT and ATED on co-operative societies.

The recent Social Housing Green Paper "a new deal for social housing" has some interesting points to note in relation to community led housing.

Disabled children with a tendency to abuse others physically should not fall outside the protection of discrimination legislation

Wrigleys looks at the ways that electric vehicles could benefit estates and rural landowners.

http://www.bailii.org/ew/cases/EWCOP/2018/17.html Readers might remember that Mr Fitzgerald, a very persistent maker of Court of Protection applications, reappeared a few weeks ago when his latest application was dismissed as without merit.  The last instalment can be found here It seems that Sir James Munby had not heard the last of the tireless Mr Fitzgerald after all.  […]

The firm has once again achieved Band 1 ranking (regional guide) and are delighted to be recognised as a Band 1 National Leader (outside London).

Following the recent appointment of Sir Andrew McFarlane as President of the Family Division of the High Court comes the announcement of Mr Justice Hayden’s appointment as the new Vice-President for the Court of Protection. The team at Wrigleys wish to congratulate both on their appointments and look forward to the future development of the […]

In case some of you may have missed it, there has been a long awaited reduction in #COP fees from last Wednesday 25 July 2018. The application fee has reduced from £400 to £385 & Appeal fee from £400 to £320. The Hearing fee remains the same. For further information click here  

The community-led housing sector received welcome news this July, the fund provides grant funding for community groups in early stage of development.

The recent case of Taulbut v Davey is the latest example of a homemade Will causing confusion, frustration, and fallout.

Readers of the blog might remember Desmond Maurice Allan Fitzgerald, who featured in a previous posting which can be found here. The original dispute was about the affairs of A, Mr Fitzgerald’s aunt. A’s niece, C, was appointed as A’s deputy in May 2013.  Mr Fitzgerald had objected to this.  In fact Mr Fitzgerald objected […]

From the 1 August 2018, important changes are being made to the automatic disqualification rules for charity trustees.

The Office of the Public Guardian (OPG) is about to launch a mediation pilot scheme to deal with family conflicts about powers of attorney.   The scheme will apply to Enduring and Lasting Powers of Attorney.  The mediation will be face to face as far as possible.  The views of the person who made the power […]

This article considers the risks of allowing japanese knotweed to spread on your land and the steps which a landowner can take.

What circumstances mean an academy trust may need to set up a subsidiary company to carry out trading activity, in order to comply with charity law?

We take a look at the evidence provided to the House of Commons Education Select Committee on 'Educating The North'

Paying holiday pay at the rate of 12.07% of pay may not always comply with contractual or statutory entitlements.

There are many reasons a property might be left unoccupied, but this poses additional risks and requirements for insurance.

What do charities need to consider to demonstrate responsible management?

Date: Wednesday 4 July 09:15 – 16:45 Venue: The Stoller Hall, Manchester, M3 1DA

Wrigleys are pleased to announce 4 promotions in the firm's Leeds office.

The review of Inheritance Tax by the Office of Tax Simplification.

Preventing the creation of new public rights of way and town and village greens.

The first stage of the Minimum Energy Efficiency Standard came into force in April 2018, affecting schools that act as landlords for their properties.

In this article, we look briefly at the role of the clerk, and what resources are available to schools to make sure that their clerk is supported.

New statutory guidance on "Keeping Children Safe in Education" is expected to be in place for 3 September 2018.

ACAS has published new guidance to assist employers in preventing workplace discrimination on the grounds of religion or belief.

Our newest Private Client Solicitors, Aurea Kevill and Richard Whittaker, talk Wrigleys, relocation from London and Yorkshire Wolds Way

A dispute between a 74 year old farmer and the Church of England has highlighted the benefits of voluntarily registering land at the Land Registry.

What are the possible pros and cons of using the new process to convert your charitable company to a CIO?

Commonhold was trumpeted as a new system of landholding when it was introduced about 15 years ago but is being looked at again now.

Wrigleys is delighted to have Graham Shaw join the team of education specialists.

Recently, gaps in insurance meant injuries by a carer might not be covered. Wrigleys have now solved this issue and offer direct employment packages.

Senior staff may have an implied contractual duty to disclose relationships with sex offenders to assist the governors in their safeguarding duties

In this article, we look at the innovative solutions which community-led housing offers for young people having difficulties securing their own home.

Case reference ET v JP 2018 EWHC 685 Ch Which Court? If you want the Court to vary a trust with minor beneficiaries but one of those beneficiaries lacks capacity, do you go the Court of Protection or the High Court? Answer – the High Court every time. In this case, the parties could have […]

Wrigleys are now using Mondaq to distribute their articles from the website to a wider audience. Rediscover the wide range of topics we advise on!

The changes provide more flexibility to rural communities as to how they use existing buildings to deliver much needed homes and help farms modernise.

HMRC has now updated its guidance on penalties for failure to comply with the legislation of the registration of trusts which had tax liability.

This is the third edition of Austin Thornton’s publication on Paying for Residential Care. More than ever, due to the continuing care funding crises, practitioners are being regularly contacted by clients for advice on paying for care for themselves or their loved ones.  Austin has been a solicitor for nearly 23 years and has worked […]

Tribunal criticises academy trust for imposing behaviour policy at the expense of a disabled pupil's education

The Local Government and Social Care Ombudsman, Michael King, has stated that 80% of the EHC plan complaints received by his office have been upheld

A huge thank you to all that attended our second “Through the Maze” Conference, last Wednesday 7 March in Leeds. We heard from five excellent speakers, including our own Austin Thornton. Austin along with Stephen Knafler QC of Landmark Chambers gave interesting talks in relation to the issues surrounding Direct Employment of carers specifically regulation, […]

Published by ARK Group £345.00 Review by Caroline Bielanska, TEP, Solicitor, Independent Consultant, trainer and author

What could this mean for co-housing & community-led housing?

This guide provides up to date care and support advice and information for people in Sheffield Click on the image below to read your copy.- What is covered in this guide? 1.Living with support 2.Options for your long term needs 3.Paying for your care 4.Choosing a home and your next steps 5.Living in a residential […]

In this article we look at what action can be taken to specifically safeguard against forgery of documents relating to ownership of your property.

Did you apply for a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) to be registered between 1st April 2013 and the 31st March 2017? If you did then you may be eligible for a refund. The Ministry of Justice has embarked on a £69,000,000 refund scheme for people who may have […]

Our book launch saw solicitor and author Austin Thornton introduce his book; Paying For Residential Care: A Guide For Private Client Practitioners

Last week saw the publication of Senior Judge Hilder’s review of the appointment of trust corporations to act as a property and affairs deputy for a protected party, and in particular what information is necessary for the Court to be satisfied that a trust corporation is a fit and proper person to be appointed as […]

There has been a lot in the news about the appointment of a liquidator for Carillion and what this could mean for existing contracts with schools.

This article sets out a summary of the community rights and powers introduced by the Localism Act 2011 and how they can be used by community groups.

A summary of some of the more interesting and important employment cases concerning schools over the last 12 months.

Hot on the heels of the PP case, in January 2018 the Office of the Public Guardian has offered an updated practice note for attorneys and deputies. There are some very helpful reminders for attorneys and deputies in this note. The definition of a gift is wider than many people would think and the OPG […]

We consider the potential TUPE risks for a Multi Academy Trust which takes day to day control of a school before the transfer date.

This article discusses the importance of a strong governing board, to act as a check and a balance on executive decision making.

Citation numbers [2015] EWCOP 93 and [2016] EWCOP 65 Case Impact in Brief If you are acting as an attorney, there are very clear rules about what you can give away and what you can’t. Unfortunately not everybody seems to know them.  In this case the attorneys seem to have sought advice but not from […]

We look at the impact on co-housing & community-led housing

On 7th March 2018, Wrigleys are holding a conference which will look at the regulatory structure underpinning the direct employment of carers to look after persons who are privately funding that care. The conference will be of interest to: • Litigators claiming care costs in personal injury cases. • Experts providing evidence in care cases • Case managers […]

Austin Thornton discusses regulation and risk management in the direct employment of care staff focussing on CQC registration and insurance problems.

As from April 2018 the Minimum Energy Efficiency Standard (MEES) could prevent landlords from letting properties with low EPC ratings.

The Pension Regulator sets out its revised description of a 'professional trustee.

Statutory rights enjoyed by electronic communications operators are set to change.

Could your school be contravening the Equality Act 2010 by not admitting a transgender pupil?

What do schools need to look out for and do differently to other organisations?

Many academy trusts raise additional funds to supplement government funding. This article covers points to consider when looking at income generation.

Court of Appeal holds that girls and boys in an Islamic state school are discriminated against by being segregated throughout the school day.