LEGAL SERVICES FOR YOUR BUSINESS April 2024 | AshtonsLegal.co.uk
Business Law Insights
In our latest business law update, you can find insights from our commercial law teams on the following issues:
Corporate & Commercial
Commercial Property
Employment
Agriculture
Regulatory & Road Transport
Ashtons Legal News
Ashtons announce raft of new internal appointments
Ashtons Legal is delighted to announce the appointments of 13 staff to partners, senior associates and associates from a range of disciplines within the firm.
For the first time in the firm’s history, three of the new partners have key roles in Ashtons’ management team and do not deliver legal services. Ben Hallatt is Ashtons’ Chief Operating Officer, Luke Hurst is Chief Information Officer and Tim Burrows is Chief Financial Officer.
These appointments come on the back of the appointment of two additional partners already in 2024 who joined Ashtons from other firms – Nick Palmer and Ayesha Brown.
Corporate & Commercial
Changes to financial promotions exemptions for high net worth individuals and sophisticated investors
Changes have come into force from the end of January 2024, amending the financial promotions exemptions for high net worth individuals and sophisticated investors following proposals made by HM Treasury in 2023.
Businesses, investors and promoters relying on the exemptions need to make sure they are aware of the changes and comply with the new requirements.
Key changes
- Increasing the financial thresholds for high-net-worth individuals
- Amended criteria for self-certified sophisticated investors
- Business details
- Updated investors statements
- Business responsibility.
Click 'read more' or the button below for full details on the potential impacts and any exceptions on your business.
Commercial Property
Green Leases and how they can help you
As climate change increases, so do the efforts to slow it down. With this in mind, there is a growing awareness of using more sustainable practices among many different sectors, one of these being real estate.
Residential and commercial buildings account for a considerable percentage of global energy consumption, greenhouse gases and carbon emissions, meaning the push for sustainability in real estate has become more vital than ever before. One of the many innovative solutions gaining popularity in this sphere is the concept of Green Leases.
What is a Green Lease?
A Green Lease is a lease agreement that includes provisions aimed at reducing the environmental impact of buildings and reducing their carbon footprint. Unlike traditional leases, which often solely focus on rental terms and responsibilities, Green Leases include clauses related to energy efficiency, waste management, water conservation, and indoor air quality. These clauses impose obligations on both landlords and tenants to adopt sustainable practices throughout the lifecycle of the lease.
The use of Green Leases can also improve the reputation of both the landlord and tenant; by choosing to use a Green Lease the parties are demonstrating to current and potential customers, associates and clients a commitment to environmental sustainability and corporate responsibility which can help attract new business.
Click 'read more' or the button below for full details on the potential impacts and any exceptions on your business.
Employment
Employment Law update – Changes coming in 2024
Employers need to be aware of several areas where legislation is currently at various stages of development and upcoming changes in 2024.
Some of the changes include: Working Time Regulations – holiday entitlement and pay reforms, National Minimum Wage, The Protection from Redundancy (Pregnancy and Family Leave) Act, The Employment Relations (Flexible Working) Act, The Carer’s Leave Act, The Paternity Leave (Amendment) Regulations 2024, The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, The Employment (Allocation of Tips) Act.
Flexible working: has the landscape changed?
Following the pandemic, flexible working practices have continued. The most common working pattern is a hybrid one in which employees split their time between the office and home. However, some employees are looking to work from home on a permanent basis.
While employees cannot insist their proposal for working in a different way is accepted, they do have a statutory right to ask for a flexible working arrangement and to have that request seriously considered.
This is exactly what happened in the case of Wilson v Financial Conduct Authority.
Agriculture
Diversification key to survival for many family farms
Autumn for farmers was traditionally all about drilling and spraying. However, with significant drops in crop subsidies already taking hold and with more to come between now and the end of the Basic Payment Scheme in 2027, more and more farms are likely to be looking away from traditional crop farming as the sole source of income.
The recently-opened Sustainable Farming Incentive (“SFI”) scheme offers an alternative but by no means comparable subsidies to farmers, primarily to reward environmental credentials.
However, this may not be attractive to all, particularly in view of the potential set-up costs to achieve compliance and the more stringent hoops for farmers to jump through to qualify.
Diversification avenues, ranging from holiday lets to DIY liveries, pick your own and glamping, may be of greater interest in this new landscape.
Diversification ideas may start small, but with the right advice and support, there is every potential, as they say, for small acorns to grow into big oak trees (or even pumpkins!).
Regulatory & Road Transport
Operator’s licence: no transport manager, no dustbin collections!
The recent revocation of the operator’s licence of an Essex-based District Council demonstrates how failures to look after your goods vehicle operator’s licence can have far-reaching consequences.
In this case, the licence has been revoked and will impact the local community as a result. Specifically, bin collections cannot be carried out for the community.
This is an area of operator’s licencing where a lack of knowledge and understanding can and does lead to issues for many operators and needs to be very carefully considered.
‘Periods of grace’ – Goods and passenger licencing
Many goods or passenger vehicle operators with operator’s licences stumble over “Periods of Grace”. Some lose their licences by not navigating them correctly. No licence may mean no business.
So, what are they, why are they needed, and what should operators do to ensure they manage them correctly?
Standard licence holders will need to apply for Periods of Grace if they cannot meet one or more of the mandatory elements of their licence.
Ashtons Training Programme
These interactive courses are jointly run by Ashtons Legal and Ashtons HR Consulting in person or on Microsoft Teams.
The current dates and topics are:
- 17 April - Equality and diversity in the workplace
- 22 May - Managing employee investigations
- 19 June - Managing health issues and disabilities in the workplace
- 11 Sept - Menopause and the workplace: manager guidance
- 25 Sept & 2 Oct: 2 Parts - Employment law awareness for line managers
- 16 Oct: Immigration and right-to-work checks
- 13 Nov: Appraisals and performance management
All the info you need to know is on our Eventbrite where you can book your place!
Please remember that Ashtons Legal is available to assist you and your business with their full range of business, individual and injury law services including commercial and residential property, corporate advice, dispute resolution, family law, estate planning, personal injury and medical negligence.
We Can Help You
For specific advice for your business, please get in touch with us by calling 0330 404 or email enquiry@ashtonslegal.co.uk.
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Ashtons Legal LLP is a limited liability partnership registered in England & Wales with number OC445631 whose registered office is at The Long Barn, Fornham Business Court, Bury St Edmunds, Suffolk, IP31 1SL. We are authorised and regulated by the Solicitors Regulation Authority (licensed body number 8003918).
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