CLAIM IN TIME A CLEAN BREAK ENERGY EFFICIENT? - SPRING 2020 - MCCORMICKS ...

Page created by Annette Bowen
 
CONTINUE READING
CLAIM IN TIME A CLEAN BREAK ENERGY EFFICIENT? - SPRING 2020 - MCCORMICKS ...
Spring 2020

Claim in time
A clean break
Energy efficient?
CLAIM IN TIME A CLEAN BREAK ENERGY EFFICIENT? - SPRING 2020 - MCCORMICKS ...
How long can you leave it before you make a claim? Solicitor Will Bates looks at the different
limitation periods and the pitfalls of leaving it too late.

Don’t leave it too late
You may already be            the claim. Limitation                                                                 potential claim but fail
aware (and you certainly      periods were introduced                                                               to investigate it further,
will be if you are a John     on public policy                                                                      any claim you may have
Grisham fan) that the         grounds, on the basis                                                                 had could become time
law requires legal claims     that nobody should                                                                    barred. Therefore, it pays
to be brought within a        have the threat of legal                                                              to seek independent
certain period of time.       proceedings hanging                                                                   legal advice as soon as
The period a claimant         over them indefinitely;                                                               possible.
has to issue a claim is       claimants should also                                                                 A potential claimant
known as the “limitation      be encouraged to                                                                      cannot, for example,
period”. If you, as the       bring claims as soon as                                                               discover an issue which
potential claimant,           possible, particularly                                                                arose during their
do not issue the claim        as evidence will often                                                                purchase of a property
before this period ends,      become less reliable and                                                              and simply wait until
the defendant will have       more difficult to obtain                                                              they wish to sell the
a complete defence to         as time passes.                                                                       property to deal with the
                                                                                                                    issue. Limitation periods
                                                                                                                    commence as soon
 Will Bates is part of our Commercial Litigation                                                                    as the cause of action
 team.                                                                                                              accrues; the total loss
 Will has experience                                                                                                which is suffered later
 assisting with                                           Limitation periods are       the cause of action          does not always need
 Commercial Litigation                                    a complex and highly         accrued. However, if         to be ascertained to
 matters involving:                                       technical area of law.       they only acquired the       commence time running.
 contractual disputes,                                    The limitation period in     knowledge required for
                                                                                       bringing the action at a     The overriding point is
 construction                                             any case will depend on
                                                                                       later date, they will have   that if you are aware of
 disputes, debt                                           the circumstances in the
                                                                                       three years from the date    factual circumstances
 recovery, professional                                   case and on what cause
                                                                                       on which they acquired       that may give you a
 negligence, contentious                                  of action the claim is
                                                                                       that knowledge to issue      potential claim, it is
 probate, harassment,                                     based. Different causes
                                                                                       a claim (subject as well     important to act as soon
 defamation, insolvency                                   of action have different
                                                                                       to a 15 year long-stop).     as possible. Independent
 (individual and                                          limitation periods,
                                                                                                                    legal advice should
 corporate) and IP                                        prescribed by legislation.   A key warning is that
                               Will Bates                                                                           be sought as to when
 disputes. In the last                                    Many common                  as a potential claimant      the cause of action
 year Will has had a number of matters involving          causes of action have        you may acquire the
 passing off claims. He is also regularly involved in a                                                             arose, the limitation
                                                          a six-year limitation        knowledge required for       period applicable to the
 wide variety of football disputes, often acting both     period. However, some        bringing an action much
 for and against County FAs.                                                                                        potential claim and the
                                                          limitation periods are       sooner than you expect.      likely date by which the
 Will’s advice always includes consideration of           much shorter and, for        The required knowledge       potential claim must be
 whether alternative dispute resolution is suitable       example, a claim for         to commence time             issued. It should not be
 and he has experience of assisting clients through       defamation must be           running for reckoning        left to the last minute to
 mediation.                                               issued within one year       the limitation period can    issue court proceedings
                                                          of the date on which the     include “constructive        as that can place you at
 Will assists the Head of Commercial Litigation,          cause of action arose.       knowledge” (i.e. the
 Philip Edmondson, in acting for a broad range                                                                      a disadvantage. In the
                                                                                       knowledge which you          worst-case scenario, valid
 of clients, including: insurers, national and            Despite the above, there     might reasonably have
 international corporates, entrepreneurs, large           are provisions to protect                                 claims can no longer be
                                                                                       been expected to acquire     brought simply because
 family estates, insolvency practitioners (and those      potential claimants who      from facts observable
 facing claims by them), charities, the Premier           were not aware that                                       the potential claimant
                                                                                       or ascertainable by you      delayed seeking legal
 League, Leeds United FC, Harrogate Town FC, the          they had a potential         and also from facts
 Ryman League and a number of other sporting              claim until a later date.                                 advice.
                                                                                       ascertainable by you with
 bodies and clubs.                                        For example, a potential     the help of appropriate      We are always happy to
 He also acts for the Solicitors Indemnity Fund,          claimant has six years       expert advice). If you       help if you believe there
 advising them on recovery cases involving                to bring a claim for         become aware of facts        are circumstances which
 solicitors’ negligence claims and run-off matters.       professional negligence      or circumstances which       may give you a potential
                                                          from the date on which       may give rise to a           claim.

 CONTENTS                     P3 Football club sale       P5 Energy efficient?         P7 Winners again!
                              P4 A clean break?           P6 Spring into action        P8 Reaping rewards
CLAIM IN TIME A CLEAN BREAK ENERGY EFFICIENT? - SPRING 2020 - MCCORMICKS ...
W W W. MCCORM ICKS-SOLICITORS .COM
Marching On Together
 I wrote this article        At the beginning of               we wish another of our       for businesses and          on the 28th Yorkshire
 only a few days             the year, I was asked             clients, Harrogate Town      individuals. We are all     Young Achievers Awards
 ago and already we          by a legal magazine               FC every success in their    working hard to keep        and we are already
 are overshadowed            about my hopes and                quest for promotion          abreast of the latest       gearing up for another
 by the threat from          aspirations for 2020.             from the National            developments as they        great event.
 the Coronavirus.                                              League to the English        emerge and we will be
                             As someone heavily                                                                         It is certainly looking set
 Our thoughts are                                              Football League (EFL).       pleased to work with our
                             involved in English                                                                        to be another year of
 with everyone who                                                                          clients as they negotiate   “unknowns” and their
                             football, the answer              The ramifications of
 may suffer from                                                                            this new landscape.         related challenges but,
                             was relatively simple:            Brexit will continue
 the consequences            I would really like 2020                                       Whilst some uncertainty     as always, we will be
                                                               to occupy the legal
 of the outbreak.            to be the year that our                                        exists regarding any        with you all the way!
                                                               community and the
 Health comes before         long-standing friends                                          future public events, in
                                                               McCormicks team is                                       Peter
 everything and puts         and clients, Leeds                                             the traditional British
                                                               already seeing this in                                   McCormick OBE
 everyday life into a        United, finally return to                                      spirit of optimism, we
                                                               football, where the free
 true perspective.           the Premier League after                                       shall continue to look
                                                               movement of players
 Please be assured           16 years.                         from outside of the UK       forward to some great
 that, no matter what                                          to come and play here is     events later in the year.
                             As the season continues
 the circumstances,                                            a key topic of discussion.   They include the Great
                             to unfold, nothing is
 McCormicks will                                                                            Yorkshire Show and
                             certain except that, as           The transition to life
 continue to provide                                                                        the Theakstons Old
                             well as being great for           outside the EU will
 the necessary service                                                                      Peculier Crime Writing
                             football, this would be
                                                               undoubtedly throw            Festival, both of which
 to our clients, whatever    a major boost for the
                                                               up many other legal          we support and for which
 the challenges.             whole region.
                                                               quandaries for our           we handle the legal work.
                                                                                                                        Peter McCormick OBE
 Now to the article!         Even nearer to home,              profession, both             Then, November brings

A team of our lawyers has completed a successful sale of the majority shareholding of League One
football club, Wycombe Wanderers.

Praise after sale of football club
The successful sale          Rob Couhig and his                “The deal means that         Football Club and the       transaction. Their
was the culmination          family, taking a 75 per           our clients are in good      Supporters Trust, led       deep knowledge of the
of six months’ work          cent stake in the Club            shape for the future. If     the negotiations with       legal intricacies of the
by the firm on behalf        at completion, which              they continue their run      Feliciana, said: “We        football world was of
of the club, Wycombe         enabled our clients to            of success in League         are deeply indebted to      enormous help to us
Wanderers Supporters         repay all debt in their           One, they have a good                                    during the extended
                                                                                            James Towler, Emily
Group Limited and Frank      companies. Feliciana              chance of promotion to                                   negotiations, and they
                                                                                            Steed and Heather
Adams Legacy Limited,        have also committed               the Championship at the                                  were a pleasure to deal
a subsidiary of the Trust,   to provide financial                                           Roberts at McCormicks,
                                                               end of this season.”                                     with. Their advice was
which owns the football      facilities to the Club                                         Solicitors, who advised
                                                                                                                        always clear, pragmatic
stadium.                     to support its future             Trevor Stroud, who, as       us throughout what          and constructive, and
                             activities.                       Chairman of both the         proved to be a complex      enabled us all to focus
The transaction was
completed by James                                                                                                      without distraction on
Towler and Emily Steed                                                                                                  the key issues which
of our Corporate and                                                                                                    needed to be resolved.
Commercial department                                                                                                   We really appreciate the
and Heather Roberts,                                                                                                    way they handled the
head of Commercial                                                                                                      transaction for us.”
Property.                                                                                                               The practice acts on
James, who heads the                                                                                                    behalf of a number of
Commercial team,                                                                                                        clubs, including Leeds
said: “The transaction                                                                                                  United, and is currently
involved the investor                                                                                                   working on a number of
Feliciana EFL Limited,                                                                                                  other football-related
                             McCormicks Partner James Towler   Partner Heather Roberts      Solicitor Emily Steed
a company owned by                                                                                                      instructions.                   P3
CLAIM IN TIME A CLEAN BREAK ENERGY EFFICIENT? - SPRING 2020 - MCCORMICKS ...
Are settlement agreements a common sense arrangement when employers and employees need to part
W W W. MCCORM ICKS-SOLICITORS .COM

                                     company or are they overused? Our Head of Employment, Iain Jenkins, takes a look at the arguments.

                                     A clean break?
                                     Where would
                                     employment lawyers be
                                                                                                                                                     w A settlement may
                                                                                                                                                      not be reached if the
                                     without the common-                                                                                              employer or employee
                                     or-garden settlement                                                                                             have unrealistic
                                     agreement?                                                                                                       expectations. What do
                                                                                                                                                      we do then?
                                     It would be easy to
                                     perceive them as an                                                                                             w The process might
                                     instrument used by                                                                                               subsequently be
                                     employment lawyers                                                                                               challenged so
                                     to bolster their fee                                                                                             employers should
                                     income, with lawyers                                                                                             make sure they get
                                     often being responsible                                                                                          proper advice on the
                                     for the drafting on                                                                                              do’s and don’ts of
                                                                 protected conversation      w There is no legal        disadvantages, or at
                                     behalf of employers, and                                                                                         without prejudice
                                                                 route where there might      liability going forward.   least things employers
                                     independent lawyers         be performance issues                                                                negotiations/protected
                                                                                                                         should think about,
                                     being instructed to sign                                w The financial outcome                                 conversations.
                                                                 at work for example,                                    before going down the
                                     them off on behalf of       and to deal with the         is certain.
                                                                                                                         settlement agreement        Reflecting on these pros
                                     the departing employee.     outcome of without          w As part of any           route:                      and cons, settlement
                                     The contribution to the     prejudice negotiations in    negotiations, an                                       agreements are a
                                     employee’s legal costs is   other disputes.                                         w It might become
                                                                                              employer can update                                    useful tool for both
                                     often hard fought-over                                                               an easy option.
                                                                 Rather than being a          restrictive covenants                                  employer and employee.
                                     in any negotiations.                                                                 Managers get used
                                                                 way for lawyers to add       and confidentiality                                    Indeed, there is no
                                                                                                                          to having them in
                                     The settlement              to their bills, there        obligations, for                                       reason why employees
                                                                                                                          the background and
                                     agreement is one            are advantages which         example.                                               cannot suggest them
                                                                                                                          become lazy when
                                     of the few ways an          can make settlement                                                                 if they are looking for
                                                                                             w Employers can get         dealing with workplace
                                     employee can contract       agreements an                                                                       a negotiated outcome.
                                                                                              themselves out of a         issues. Employers
                                     out of their rights to      attractive way to ensure                                                            They should not be
                                                                                              pickle when things          may then get a
                                     bring a claim in the        an agreed outcome.                                                                  used by management
                                                                                              have perhaps not            reputation as a settling
                                     employment tribunal.        They are:                                                                           to abdicate their HR
                                                                                              been done by the            organisation.
                                     There are prescriptive                                                                                          responsibilities. It
                                                                 w A neat and sensible       book, though we
                                     drafting requirements,                                                              w A settlement             might be said that they
                                                                  way of exiting an           must, of course,
                                     and these are often                                                                  agreement requires         are overused in some
                                                                  employee where there        recognise how these
                                     added to with numerous                                                               a lawyer or other          obvious redundancy
                                                                  are concerns; it can be     agreements might
                                     clauses covering what                                                                appropriate                situations, but at
                                                                  a win-win for both.         have been abused in
                                     happens on termination                                                               representative on the      the end of the day a
                                                                                              the past with sexual
                                     and afterwards. The         w It brings an issue to                                 other side, which can      settlement agreement
                                                                                              misconduct claims.
                                     agreements may be            an end and frees up                                     lead to long drawn out     draws a line and should
                                     used as part of the          management time.           There are, perhaps, also     negotiations.              mean no future claims.

                                      Iain Jenkins, Head         w Drafting and              and enforcement of         and health and social
                                      of Employment,              negotiating contracts       restrictive covenants      care.
                                      advises on all areas        of employment and           and confidentiality
                                      of contentious and                                                                 Iain is a CEDR accredited
                                                                  service agreements          obligations
                                      non-contentious                                                                    mediator and an
                                      employment matters         w Advising on grievance    w Trade union issues,      accredited workplace
                                      including:                  and disciplinary            redundancy and             mediator. He can
                                                                  matters and the             restructuring              also be instructed
                                      w Settlement               termination of                                         as an independent
                                       agreements and                                        w Partnership matters
                                                                  employment                                             investigator in relation
                                       negotiated exits                                       and disputes
                                                                                                                         to employment issues.
                                      w Directors and           w TUPE advice
                                                                                             Iain has advised            He also advises on
                                       boardroom disputes         and advising on
                                                                                             businesses across           GDPR and Data
                                                                  employment aspects
                                      w Claims for unfair/                                  a range of sectors          Protection matters
                                                                  of corporate and
                                       wrongful dismissal,                                   including technology,       in employment and
                                                                  property transactions
                                       discrimination and                                    manufacturing, financial    commercial work,
                                       whistleblowing in the     w Advising on the          services, recruitment,      including compliance
                                                                                                                                                     Iain Jenkins
                                       Employment Tribunal        implementation             transport and logistics     and data breaches.
 P4
W W W. MCCORM ICKS-SOLICITORS .COM
Head of Commercial Property Heather Roberts discusses                                              Our congratulations to Harrogate Borough
                                                                                                   Council’s Chief Executive, Wallace Sampson,
the continued tightening of the energy efficiency regime                                           on being awarded an OBE in the New Year
for residential and commercial properties as part of the                                           Honours.

fight against climate change and, importantly, the
preservation of asset value.                                                                      Well done
                                                                                                  Wallace
Energy                                                                                             Mr Sampson gained the OBE in recognition of
                                                                                                   his services to business and the community in
                                                                                                   Yorkshire.

efficient?
                                                                                                   He joined Harrogate Borough Council in 2008 and
                                                                                                   has worked in local government for more than 35
                                                                                                   years, including in Doncaster, Chesterfield, Kirklees
                                                         The Meaning of MEES*                      and Bradford.
                                                                                                   In addition to his Borough Council role, Wallace
                                                                                                   chairs the Harrogate district Public Services
If you are a landlord       re-evaluated to rating       have these ratings:                       Leadership Board and is
of residential property     E as a minimum. Then         Grade E = 17%                             a member of the North
1 April 2020 is a key       speak nicely to your                                                   Yorkshire Safeguarding
deadline for you. If        tenants about going in       Grade F = 9%
                                                                                                   Children’s Partnership
your property does not      to make improvements.        Grade G = 10%                             Executive Board. He is
reach the minimum           They should thank you                                                  lead chief executive for
standard of an E rating     in the end if such works     so you can see there is
                                                         room for improvement.                     the Leeds City Region
under an Energy             make their energy bills                                                LEP ‘clean energy’
Performance Certificate     lower. Make sure you         What should you do?                       priority and lead
(EPC) from that date,       comply to the letter,        Do an EPC portfolio                       local authority chief
then you could be           however, with the            audit now and consider                    executive in Yorkshire
subject to a fine.          landlord’s covenants in      what works need to                        and Humber for energy
                            the tenancies you have       be done. Consider the                     and low carbon.               Wallace Sampson
April 2020 is the           granted.
second date in                                           issues as for residential
ensuring energy ratings     If you are landlord          above but also what
compliance within           of commercial                an impact poor energy                    Head of Employment Iain Jenkins has introduced
the residential sector.     property then, similar       performance could have                   a new software package designed to make HR
April 2018 was the          to residential, new          on rent reviews, ability                 record-keeping simpler.
previous key date for       lettings and renewals of     to let going forward
a minimum of an E
rating on new lettings;
this 2020 date applies
                            commercial properties
                            have not been permitted
                            with less than an E
                                                         and secure finance
                                                         against properties.
                                                         Also bear in mind that
                                                                                                  Making HR simple
to existing tenancies.      rating since April 2018.     legislation will continue
                                                                                                  He said: “We all know that HR involves lots of
                                                         to press for higher
Energy efficiency should    However, April 2023                                                   important record keeping which might be done on an
                                                         efficiency standards
affect us all. We have      is the second date                                                    ad hoc basis with a mix of paper, Excel spreadsheets
                                                         so consider how far
some very poor-quality      whereby all commercial                                                and so on. It can cause problems if key dates are
                                                         you can upgrade. Key
housing and mixed           properties must meet                                                  missed, holidays not properly recorded etc.
                                                         property investors like
commercial stock in         the minimum E rating.
                                                         Legal & General are                      “We can now offer a new HR software package to
this country generally      Basically, landlords
                                                         pushing for C ratings                    solve these problems and dramatically reduce the
and certainly from an       cannot continue to let
                                                         across their portfolio                   time spent on admin.
energy perspective.         sub-standard property
                                                         and incentivising their
Poor insulation means       without a legitimate                                                  “Holiday, working time, expenses, appraisals, policy
                                                         managers to achieve
burning more fossil fuels   reason as permitted by                                                documents and much more are all part of our system
                                                         this. Ultimately peer
to keep warm, fuelling      the MEES Regulations.                                                 and like all good software packages, you can use it
                                                         pressure in the market
(pardon the pun)            All works have to be                                                  from your mobile. It is safe and secure and properly
                            done by the landlords        will create competition.
pollution and global                                                                              supported with employee access to certain areas.”
                            themselves. Today the        Better landlords will do
warming. Moreover, it
                            following percentages of     better.                                  To find out more, contact Iain on 01423 530630
is just plain wasteful,
and we cannot continue      commercial properties       *(Minimum Energy Efficiency Standards)   or at i.jenkins@mccormicks-solicitors.com
to squander resources
any more, hence the
regime.                                                  Heather Roberts is Head of Commercial Property and is a specialist with
                                                         wide experience of acting for investors, developers, landlords, tenants
What should you                                          and banks.
do? If you have a low
rating of F or below                                     She has specific experience of investment, development and asset management
then check your EPC’s                                    work and works closely, in respect of the latter, with the Property Litigation team.
recommendation                                           Development work has more recently comprised significant local residential schemes.
report or speak to                                       She regularly advises investor and SME clients on their portfolio purchases and
your energy assessor                                     management. Clients range from private investors and funds through to landed
about what upgrades                                      estates and charities. She also advises occupational tenants, with a particular
are required to enable                                   specialism in retail, having previously acted for a major shopping centre client
the property to be            Partner Heather Roberts
                                                         and numerous high street retailers.
                                                                                                                                                              P5
W W W. MCCORM ICKS-SOLICITORS .COM   April is often the time for new employment legislation to come into effect, and this year is no
                                     different with some significant changes taking place on 6 April 2020. Here are some key areas
                                     to consider:

                                                                                             Spring
                                     Contracts of                w Certain information
                                     Employment                   can be given within
                                                                  two months of
                                     For a number of
                                     decades, employers           commencement
                                                                  and in a separate

                                                                                             into action
                                     have been required to
                                     provide basic terms of       document including in
                                     employment (written          relation to pensions,
                                     particulars) as set out      collective agreements,
                                     in section 1 of the          training entitlement
                                     Employment Rights Act        (although details of
                                     1996. This is often done     compulsory training
                                     as part of the contract      and any training the
                                     of employment. Until         worker has to pay for
                                     now employers have           must be included in
                                     had time to provide the      the initial statement)
                                     particulars following        and disciplinary and
                                     start of employment          grievance procedures.
                                     and where the
                                     employment is due to        w The worker can also
                                     last for more than one       be referred to another
                                     month. In addition, the      source, for example a
                                     particulars were only        company handbook,
                                     required to be given to      for certain information,
                                     employees and not all        including in relation      Changes to IR35             holiday pay is 12 weeks.   You can see this at
                                     workers.                     to incapacity and sick                                                            www.mccormicks-
                                                                                             Currently under IR35,       With the increase in
                                                                  pay, entitlement to                                                               solicitors.com.
                                     The changes are as                                      where an individual         casual workers and
                                                                  other paid leave (other
                                     follows:                                                performs services           variable working           Agency Workers
                                                                  than holiday pay),
                                                                                             for a client through        patterns, it was felt
                                     w The particulars should    pensions and pension                                                              Under the Agency
                                                                                             a personal service          that it would be more
                                      now be given on or          schemes and training                                                              Workers Regulations
                                                                                             company (intermediary)      appropriate and give
                                      before the first day of     entitlement.                                                                      2010, agency workers
                                                                                             it is the intermediary’s    a fairer picture for the
                                      work and should be                                                                                            should receive the same
                                                                 w It is important to       responsibility to           holiday pay reference
                                      provided to all workers                                                                                       pay and basic working
                                                                  issue the statutory        determine whether IR35      period to be increased
                                      not just employees,                                                                                           conditions as direct
                                                                  information when           applies.                    from 12 weeks to 52.
                                      who start work on or                                                                                          recruits once 12 weeks
                                                                  your worker/employee                                   From 6 April 2020,
                                      after 6 April 2020.                                    From 6 April 2020,                                     of continuous service
                                                                  starts with you.                                       employers will be
                                      Thankfully, there is no                                changes to IR35 rules                                  have been completed.
                                                                  Your HR systems                                        required to consider the
                                      requirement to re-issue                                will be implemented                                    There was an exemption
                                                                                                                         previous 52 weeks where
                                      contracts to existing       should generate a          in the private sector                                  where agency workers
                                                                                                                         a worker has worked
                                      staff. An interesting       reminder to do so. It      and will largely mirror                                are employed under a
                                                                                                                         and received pay,
                                      development is that         is generally preferable    changes which took                                     contract of employment
                                                                                                                         discounting any weeks
                                      particulars should          to issue contracts         effect in the public                                   with a temporary worker
                                                                                                                         not worked or where no
                                      now also be given to        of employment in           sector in 2017. The                                    agency and are paid by
                                                                                                                         pay was received, when
                                      short-term employees        any event before the       onus will shift from                                   the agency for periods
                                                                                                                         calculating the average
                                      or workers.                 commencement of            the personal service                                   between assignments.
                                                                                                                         weekly pay for the
                                     w Additional information    employment and             company to the              purposes of holiday pay.   The rules are now
                                      will be required, and       as part of the offer.      end user to make a
                                                                                                                         Parental Bereavement       changing and once
                                      it will be important        Failure to do so           determination about
                                                                                                                         Leave                      an agency worker has
                                      to amend existing           might mean that any        the nature of the
                                                                                                                                                    satisfied the 12-week
                                      templates to include        restrictive covenants      relationship, and           We have published an       qualifying period they
                                      the days of the week        subsequently               whether or not the          article on this topic      will be entitled to equal
                                      a worker is required        introduced are             individual providing the    and the introduction       pay to workers you
                                      to work and any             unenforceable              service should in fact be   of the regulations for     engage directly.
                                      variations in hours         and with the new           considered an employee      bereavement leave
                                      and days; entitlement       legislation it will        with the implications       and bereavement pay.       In addition, from 6 April
                                      to other paid leave         now also be a breach       which follow for PAYE       The entitlement to         2020 all agency work-
                                      (not just holiday           of the statutory           and National Insurance.     the leave is reasonably    seekers must be provided
                                      pay) which might            requirements.                                          straightforward but the    with a statement
                                                                                             Holiday Pay Reference
                                      include maternity                                                                  notice requirements are    setting out the terms
                                                                 w You should be clear      Period
                                      and adoption leave;                                                                possibly unnecessarily     under which they will
                                      other benefits              about the definition       Holiday pay can be          complex.                   undertake new work.
                                      provided in addition to     of an employee and         complicated, particularly
                                      remuneration; details       worker, and if you         where workers have           If you have any questions about the above
                                      of any probationary         use agency staff, the      variable hours and           then please contact Head of Employment
                                      period; and details of      agency should ensure       variable rates of pay.       Iain Jenkins on 01423 530630 or at
                                      any training provided       that statements are        Currently the reference      i.jenkins@mccormicks-solicitors.com
P6                                    by the employer.            provided.                  period for calculating
Huge congratulations are due to three of our previous

                                                                                                                                                                   W W W. MCCORM ICKS-SOLICITORS .COM
The firm is delighted to have won two more
accolades since our last issue of the Briefing.                              winners of the Yorkshire Young Achievers Awards who have
                                                                             made their mark yet again.
Additional awards
The firm is delighted to have won two more
accolades since our last issue of the Briefing.
Senior Partner Peter McCormick has been                                      Winners all
                                                                             the way
nominated once more as one of the world’s
leading practitioners in Sports and Entertainment
law for 2019 by Who’s Who Legal.
In addition, the practice has been named as Best
Commercial Law Firm 2020 - North Yorkshire in
the SME News 2020 Legal Awards.

Thirty students at Henshaws Specialist
                                                                             First to score was our       Two other winners had         She has also organised
College in Harrogate are to receive new iPads,
                                                                             long-standing friend         their achievements            a long-term screening
thanks to a grant from the Yorkshire Young
                                                                             and winner of both the       recognised in the New         programme for Rugby
Achievers Foundation.
                                                                             Achievement in the Arts      Year’s Honour. Soprano        League players.
                                                                             Award in 2001 and the        Lizzie Jones, who won

Foundation                                                                   Special Award, to mark
                                                                             his unstinting support,
                                                                                                          Personality of the Year
                                                                                                          in 2017, was awarded
                                                                                                                                        Jack, who is now 21 and
                                                                                                                                        has Moebius syndrome,
                                                                                                                                        was also recognised

helps students
                                                                             in 2014. Kelvin was          an MBE while 2007
                                                                             crowned the winner           Youngster of the Year         for his fundraising
                                                                             of the BBC’s popular         and 2014 Personality of       efforts, which have

access
                                                                             Strictly Come Dancing in     the Year Jack Marshall        included challenges
                                                                             December after stepping      was awarded a BEM.            such as walking over
                                                                             in when another                                            the Humber bridge,

technology                                                                   contestant, Jamie Laing,
                                                                             was injured early in the
                                                                             competition. Partnered
                                                                                                          Lizzie was recognised
                                                                                                          for her work in founding
                                                                                                          the Danny Jones
                                                                                                                                        sponsored runs and
                                                                                                                                        scaling Ben Nevis which
                                                                                                                                        took more than 19 hours
                                                                             with Oti Mabuse, the         Defibrillator Fund after      to complete. He has
Students at the college, all of whom have special                            dancers dropped just         her husband died during       also campaigned for
educational needs and disabilities, use the devices                          two points on the            a Rugby League match          the rights of disabled
for everything from learning to being able to                                leaderboard in the final     and was found to have         children and has spoken
communicate with others but Henshaws needed                                  after performing three       had an undiagnosed            in the House of Lords
more to help additional students with learning and                           dances.                      heart condition.              and House of Commons.
development.
Henshaws College Principal Adrian Sugden said:
“As smart technology becomes more mainstream,
affordable and user friendly, it creates an exciting
opportunity to support people with disabilities to
develop real, practical and transferable skills. We
constantly seek new ways to enable our students
to become more independent and this grant
means we will have 13 new iPads that 30 students
can use for both learning and pleasure.”
Foundation Trustee Martin Gerrard said: “As a
long-term supporter of both the Yorkshire Young
Achievers Foundation and Henshaws, I have
seen the amazing work both charities do so I was
delighted to be able to present this grant.”
                                                                             Kelvin Fletcher               Lizzie Jones                  Jack Marshall

                                                                              BOOK EARLY!
                                                                              It is never too early to book your table for the Yorkshire Young Achievers Awards.
                                                                              Tables for the 28th Yorkshire Young Achievers Awards on Thursday 19
                                                                              November are on sale so please book now to ensure you can join us to
                                                                              celebrate the successes of some fantastic young people.
                                                                              Simply visit the website at www.yorkshireyoungachievers.co.uk for all the
Presenting and receiving the grant are, from left, Barclays Branch Manager
and long-term supporter of both charities Adam Moore, Assistive               details or call Sonia Jones on 01423 530630.
Technology Assistant at Henshaws Amanda Martin, Henshaws Specialist
College Principal Adrian Sugden, Yorkshire Young Achievers Foundation         If you would like to receive information about advertising in the programme,
Trustee Martin Gerrard and Henshaws Mis Manager Luke Lengiewicz.              please email info@yorkshireyoungachievers.co.uk.
                                                                                                                                                                       P7
Our long-term Foundation Ambassador and previous Award winner Jessica Mayho has brought us up

                                                                                                                                                              W W W. MCCORM ICKS-SOLICITORS .COM
     on to date on her progress since she became British Athletics Champion hammer thrower last autumn.

     Reaping rewards
     In November she              “I also had a couple of     her training, feeling as
     headed out for a ten-        training partners on        though she was trying to
     day training camp in         my November camp            catch up for the rest of        Jess with training partner Kati
     Portugal where her           which was amazing.          the month.
     coach is based, having       Kati is Estonian and is a                                   problems’ when other              chuffed with myself,
     completed six weeks of       68-metre throwing with      She said: “In January I
                                                                                              people have got life way          a strong start but also
     intense conditioning,        aspirations of making       was putting in the work
                                                                                              harder! I knew I was in a         knowing how tough
     including gym, track,        Tokyo Olympics 2020.        but honestly I was just
                                                                                              bit of a rut and reached          winter had been and,
     throwing, running and        We met back in March at     finding it hard to be
                                                                                              out to my parents and             without sounding
     yoga, to ensure she was      my first GB international   motivated. The track
                                                                                              also managed to sit               arrogant, knowing I
     fit enough for the rest of   competition and stayed      sessions when it’s windy,
                                                                                              down with a sports                deserved it! So I guess all
     the winter training.         in touch since. It was      rainy and I was the only
                                                                                              psychologist. Looking
                                                              person out there; the                                             in all winter training has
                                  really good to train                                        back on that period I can
     She said: “The November                                  throwing sessions when                                            been challenging, it has
                                  together, to push one                                       now accept it’s normal
     training camp was jam                                    I would be trudging                                               really tested how much I
                                  another and get some                                        and ok to have felt like
     packed, but I managed                                    through the mud with                                              want to succeed but also
                                  hard sessions in the                                        that and I guess to be
     to get time to head into                                 six different weights                                             reinforced to me I have a
                                  bank.”                                                      proud of myself for not
     my coach’s school along                                  of hammers to get to                                              strong support network
                                                                                              wallowing but reaching
     with other Portuguese        Jess’s progress took        my throwing circle and                                            and I am grateful to you
                                                                                              out and making some
     and Spanish current and      a backward step in          have to start de-icing it
                                                                                              changes.”                         all for the continuous
     ex athletes and present      December when she           because it was frozen;
     to the school’s English      was struck down with        to the weights sessions         She did her first                 support and belief you
     students ‘my route           both Novovirus and a        when my body was                competition of 2020               have in me. I know I
     through sport’. As my        heavy cold, losing four     sore from the previous          in Portugal in February           need to trust the training
     Portuguese language is       kilogrammes in just         day’s training and I            and threw her second              programme and the
     still questionable, I was    two days. She believes      would struggle to hit the       furthest competition              process and hopefully
     glad the students’ English   she underestimated the      weights set. Then I felt        throw - 65.22 metres.             will reap more benefits in
     was really good!             impact it would have on     guilty for these ‘first world   She said: “I was really           the coming months.”

     OUR                          •                           • Insolvency and
                                                                  Bankruptcy
                                                                                              •	Employment
                                                                                              • Family &
                                                                                                                                •	Insolvency and
                                                                                                                                    Bankruptcy
     EXPERTISE                                                • Intellectual Property            Matrimonial                   •	Intellectual Property
                                                              • Partnership and              • Children                       •	Media and
     McCormicks offers the                                       Company Law                 • Matrimonial                        Entertainment
     full portfolio of legal      •	Charities &              • Regulatory and
                                     Community                                                •	Insolvency &                   •	Mediation and
     services to all forms of                                     Disciplinary                                                      Arbitration
                                  • Charities                                                     Bankruptcy
     organisation including                                   •	Crime                                                          •	Regulatory and
                                  • Not For Profit                                            •	Mediation &
     businesses, charities                                    • General Crime                                                      Disciplinary
                                                                                                  Arbitration
     and sporting bodies,         •	Corporate &              • Corporate Crime,             •	Property                       •	Reputation
     together with private           Commercial                   Fraud and Risk
                                                                                              •	Agriculture and                    Management
     individuals. The firm        •	Acquisitions and         • Dispute Resolution
                                                                                                  Estates                       •	Sponsorship
     offers expertise in all         Disposals                    and Litigation
                                                                                              •	Commercial Property            •	Sport
     areas of corporate           • Banking and Finance       • Commercial Disputes
     and commercial work                                                                      •	Development and                •	Tax, Trusts, Wills &
                                  • Commercial               • Mediation and
                                                                                                  Regeneration                      Estates
     whilst maintaining a            Agreements                   Arbitration
     commitment to the                                                                        •	Residential Property           •	Agriculture & Estates
                                  • Competition and          • Partner/Shareholder
     personal client in              EU Law                       Disputes                    •	Sport, Media &                 •	Care of the Elderly
     areas such as rural          • Corporate Crime,         • Property and                     Entertainment                 •	Tax and Trusts
     property, tax, trusts,          Fraud and Risk               Construction                •	Employment                        Disputes
     probate, family              • IT and Data              •	Reputation                   •	IT and Data                    •	Trust and Tax Planning
     matters and crime.              Protection                   Management                      Protection                    •	Wills and Probate

        McCORMICKS SOLICITORS
        Wharfedale House, 35-37 East Parade, Harrogate,
        North Yorkshire, HG1 5LQ. T: 01423 530630 F: 01423 530709
        enquiries@mccormicks-solicitors.com www.mccormicks-solicitors.com
        PARTNERS: Peter McCormick OBE • Stephen Hopwood • Peter Minnikin
        Philip Edmondson • Elaine Lightfoot • Heather Roberts • James Towler
P8
You can also read