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Could revised Government employment initiatives create discrimination disputes?

Could revised Government employment initiatives create discrimination disputes?

The Government has announced the expansion of its Jobs Guarantee scheme from 18-21 to 18-24 and says this is expected to create more than 35,000 extra subsidised jobs.

It has also announced a new Youth Jobs Grant, through which businesses will receive £3,000 for each young person they hire aged 18-24 who has been on Universal Credit and looking for work for six months or more.

This is part of the Government’s response to the reported unemployment crisis among young people, with data showing that the number of young people not in employment, education or training is over 950,000 or around one in eight in that age group.

Employers will need to be careful to ensure that they balance any targeted hiring incentives with their duties under the Equality Act 2010.

There are different types of discrimination, including direct discrimination and indirect discrimination, which are likely to be most relevant here.

Direct discrimination

Direct discrimination occurs where a person is treated less favourably because of their age without an objective justification.

This could include setting an age limit or range for a particular job.

Indirect discrimination

Indirect discrimination occurs where an employer has a provision, criterion or practice (a PCP) that has a greater adverse impact on those in one age group than those in another and the employer cannot show that the PCP is objectively justified.

This could include restricting a post to “recent graduates”, since most recent graduates are likely to be of a similar age.

Age discrimination is slightly different to other types of direct discrimination in that there is no discrimination where the employer can show that its treatment of the employee is a proportionate means of achieving a legitimate aim.

Here, the likely legitimate aim would be to reduce youth unemployment and to benefit from the Government financial incentives available to employers.

However, employers will need to consider their circumstances and ensure they can justify any age discrimination on this basis.

Employers will also need to consider what will happen when the initiative’s funding comes to an end, particularly in light of upcoming changes to the Employment Rights Act, which will reduce the required service to bring an unfair dismissal claim to 6 months.

This is likely to be from January 2027.

The Equality Act 2010 also allows positive discrimination in certain circumstances, although this is not required.

This includes where certain groups with a protected characteristic, e.g., age, are disproportionately under-represented in its workforce.

The positive action must be a proportionate means of achieving the specific aim, which, in this case, would be to encourage greater participation by those with that specific characteristic, e.g., to employ more people of that specific age.

The explanatory notes state that “the extent to which it is proportionate to take positive action measures which may result in people not having the relevant characteristic being treated less favourably will depend, among other things, on the seriousness of the relevant disadvantage, the extremity of need or under-representation and the availability of other means of countering them”. (Paragraph 512.)

The permitted action to be taken in respect of recruitment or promotion is “treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not”.

However, this is only allowed where:

  • A is as qualified as B to be recruited or promoted.
  • The employer does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it; and
  • Taking the action is a proportionate means of achieving a legitimate aim.

This, therefore, limits the circumstances in which this exclusion could be used and is unlikely to be available to employers specifically looking to hire younger workers as a result of the Government incentives.

Employers will need to carefully consider how they make best use of the Government incentives and their circumstances and policies in respect of recruitment for any potential new roles.

For legal assistance with employment matters, please contact our team.

Palmers Solicitors expands immigration services with appointment of dedicated lawyer

Palmers Solicitors expands immigration services with appointment of dedicated lawyer

One of Essex’s leading independent law firms, Palmers Solicitors, has strengthened its immigration offering with the appointment of highly experienced immigration lawyer, Pooja Kaur.

With a growing demand for specialist immigration services in Essex and the wider South East, Pooja’s appointment allows the firm to expand this new service across its six offices.

Pooja joins Palmers as a solicitor with nearly 20 years’ experience in immigration law, advising both businesses and individuals on the complexities of the UK immigration system.

Her appointment reflects the firm’s growing commitment to supporting clients with immigration matters, particularly as businesses seek specialist guidance on recruiting international talent and complying with immigration sponsorship regulations.

Pooja will play a key role in developing Palmers’ immigration services bringing extensive experience advising on a wide range of immigration matters, including skilled worker visas, sponsor licence applications, innovator founder and entrepreneur visas and family and partner visas, as well as appeals and removal matters.

She also provides guidance to employers on audits and ensuring compliance with their ongoing duties under UK immigration law.

Commenting on her appointment, Pooja said: “I am delighted to be joining Palmers Solicitors at such an exciting time for the firm. Immigration law plays a vital role in supporting both individuals and businesses and I am looking forward to helping grow the firm’s immigration services across Essex and the South East.

“I am passionate about empowering clients with the knowledge they need and advocating for them with clarity and integrity.”

Pooja prides herself on a client-focused approach, taking the time to listen carefully to each client’s situation and priorities.

Her aim is to ensure clients feel supported throughout the immigration process and confident in the steps being taken on their behalf.

Gina Newman, Chief Operations Officer at Palmers Solicitors, said: “Pooja is an exciting addition to our team and allows us, for the first time, to provide a dedicated immigration service, which will focus on supporting businesses and individuals in bringing the top international talent to the UK.”

Her appointment forms part of Palmers’ ongoing strategy to expand its specialist legal services and provide practical, expert support to businesses and individuals across the region.

To find out more about Palmers Solicitors wide range of legal services, please get in touch.

The Renters’ Rights Act takes effect: Are you prepared for the changes?

The Renters’ Rights Act takes effect: Are you prepared for the changes?

The private housing sector is set for its biggest shift in regulation changes in a generation after the Renters’ Rights Act officially became law, enhancing the rights of tenants and clarifying what is expected of landlords moving forward.

From evicting tenants to the introduction of new initiatives and alignment of existing laws, you should expect significant changes to impact your role and procedures.

While the new regulations will be put in place over the coming weeks and months, preparation is key because you need to understand the laws and have measures in place for when the laws take effect.

What are the main changes you should prepare for?

The Renters’ Rights Act will officially abolish no-fault evictions, meaning Section 21 of the Housing Act 1988 will be completely removed.

No-fault evictions have allowed you to evict tenants without providing a reason, allowing you to easily claim your property back.

However, the new Act outlines that you will have to give clear reasoning for evicting tenants moving forward, using the grounds set in Section 8 of the Housing Act 1988, which clarifies the reasons you are allowed to give.

There will also be significant changes to tenancy structures, with fixed-term tenancies being abolished and replaced with periodic tenancies.

This will give tenants more flexibility with tenancies moving to a week-to-week or month-to-month structure, depending on when they pay rent.

It will also be illegal to instigate bidding wars. The rental price you advertise must be what the potential tenant pays, as you will not be allowed to accept higher offers.

If you do continue to hold bidding wars for your properties, you will face a significant fine and a criminal investigation is likely to be opened.

Alongside the removal of bidding wars, you could face sanctions if you discriminate against potential tenants because of their circumstances, such as if they have children. You will also be expected to treat all tenants with fairness and respect.

The Renters’ Rights Act also provides clarity for tenants having pets in your properties.  Moving forward, you will need to consider any requests tenants make about having pets and provide clear justification as to why that may not be feasible.

All these changes will be part of the initial first phase of regulations introduced. These will take effect from 1 May 2026.

Phase Two Initiatives

Expected to be implemented from late 2026, the Act establishes a new, national Private Rented Sector (PRS) Database. Landlords will be required to register themselves and their properties annually and pay a fee.

Landlords must also be members of a new, single PRS Landlord Ombudsman scheme. This body will provide binding and quicker redress for tenants who make complaints related to management or maintenance, circumventing some court processes.

The government has advised that the ombudsman scheme will be introduced “as soon as possible”. Landlords will be given notice of the date by which they will be required to sign up to the ombudsman scheme and sufficient time to make appropriate arrangements.

Alignment of laws from the social housing sector

The Renters’ Rights Act will also see some laws that have only exclusively applied to the social housing sector apply to the private housing sector in the future.

Those are the Decent Homes Standard and Awaab’s Law. Both focus on the quality of your property and ensuring your tenants are living safely and comfortably.

This means you will have to learn how both regulations work and implement measures to ensure you are compliant.

Awaab’s Law focuses on the way you will need to handle tenant concerns. The laws will require you to follow a certain process, investigate and deem whether the concerns are an emergency that needs addressing straight away or are potentially significant.

Whatever the outcome of your investigation, you need to provide a written summary of what you have found, the actions you’ve taken and the plans for addressing the tenant’s concern.

Download our dedicated Renters’ Rights Act guide

The introduction of these laws will be a gradual process but that shouldn’t stop your preparations.

It is going to be a challenging period for yourself and other private sector landlords as you try to understand the new laws and begin to put plans in place.

That’s why we have crafted a dedicated Renters’ Rights Act guide which covers all the essential information you need to know, like what each change will entail, what it means for your role as the landlord and how you can prepare.

It is the ultimate companion that will ease your pressures and clarify everything you need to know and do.

Download your Renters’ Rights Act guide today and get in touch with our team for expert advice and support.

Do you need Company Commercial and Banking and Finance advice for your business? How our joined-up services can help

Do you need Company Commercial and Banking and Finance advice for your business? How our joined-up services can help

Running a business is not always smooth sailing and commercial, banking and finance issues are often bound to arise. However, you will rarely find that these matters sit neatly in one legal sector.

Commercial matters are often tied to financial risks and our joined-up service between our Company Commercial and Banking and Finance Law departments is here to help.

Our team works under one umbrella to advise you on matters ranging from funding rounds and supplier agreements to personal guarantees and lending arrangements.

Our Supervising Director of the Company Commercial department, Matthew Johnson, explains how our joined-up services can support you.

How do our joined-up services work?

Rather than having two separate workstreams, our Company Commercial and Banking and Finance solicitors work closely together to provide seamless and practical advice that supports businesses at every stage.

Whether you are negotiating a contract, acquiring a business, entering a funding round or refinancing existing facilities, the legalities and financial implications of the deal will be considered.

Our combined services include:

  • Drafting and negotiating commercial contracts
  • Due diligence when entering new suppliers, clients, acquisitions and financing agreements
  • Advice on financing obligations
  • Support with contract renewals or restructurings
  • Dispute resolution when issues arise

How can our teams help you?

For brokers

Our Company Commercial and Banking and Finance teams work closely to support brokers by providing clear guidance on corporate structures and contracts.

Without close collaboration between teams, issues such as unexpected debt or restrictive covenants can delay or derail your deal entirely.

For lenders

Our combined expertise can help you secure favourable terms and maintain your relationships with borrowers, suppliers, investors and commercial partners.

We will draft robust documentation and facilitate efficient transactions, particularly in secured lending and property finance.

For advisers

Our joined-up service offers advisers a complete view of the legal and financial implications of any transaction.

Whether it is negotiating contracts or entering new funding arrangements, we provide advice that protects your legal position and helps you manage the risks.

We don’t just tick boxes. We want to give you informed advice that helps your business thrive.

To find out how our joined-up services can support your business, contact our team today.

 

Can you convert your commercial property into residential use?

Can you convert your commercial property into residential use?

The demand for UK housing continues to rise and converting commercial property into residential accommodation has become an increasingly attractive option.

Whether you own an industrial building that is vacant or a retail unit, these spaces can be repurposed and see new revenue streams.

However, commercial to residential conversions are not straightforward and often involve planning considerations and legal obligations.

One of our Commercial Property solicitors, Katherine O’Sullivan, explains what you need to know before converting.

Why should you convert commercial property into residential?

Converting an existing building is often more cost-effective than developing a site from scratch.

The land has already been developed and infrastructure is usually already in place, which can reduce development time and initial costs.

In recent years, the UK Government has expanded Permitted Development Rights (PDR), which allow certain types of commercial property to be converted into residential use without the need for full planning permission.

This has made conversion projects more accessible and commercially viable for many property owners.

However, permitted development does not remove the need for careful planning.

Each project must still meet legal and regulatory standards and professional advice is crucial to ensure your conversion is lawful.

What are the planning permission and regulatory requirements?

When looking to convert your commercial property, you must assess whether your project qualifies for permitted development or requires full planning permission.

Many commercial buildings can benefit from PDR, but full planning consent is often required for properties located in conservation areas, national parks, Areas of Outstanding Natural Beauty (AONBs) or listed buildings.

Regardless of whether PDR applies, all commercial-to-residential conversions must comply with building regulations.

This includes fire safety, structural integrity, insulation, energy efficiency, ventilation, accessibility and sanitation.

Failure to meet these standards can result in costly delays or even enforcement action.

What is the conversion process?

A thorough assessment of your property could be the answer to a successful conversion.

This can include:

  • A structural survey – This can help spot any defects or limitations that may affect the project.
  • Research into local housing demand – This can help determine whether the conversion is commercially viable. You may also identify whether previous planning applications for conversion have been granted or denied.
  • Assessing if funding is needed – Depending on the size and nature of your project, you may require development finance, a bridging loan or a buy-to-let mortgage.
  • Choosing the right contractors – Experienced contractors in commercial-to-residential conversions may be better placed to anticipate challenges and deliver the project efficiently.
  • Well-drafted contracts – This should define responsibilities and timelines to help reduce the risk of disputes.

Once your conversion is finished, you must complete the final compliance steps, including building control sign-off and obtaining energy performance certificates, before the property can be occupied or let.

Why does the right support matter?

From planning rules to contract obligations, commercial-to-residential conversions often involve a lot of turning cogs.

Managing these risks without specialist support can be overwhelming.

Our expert team can help you prepare the correct documentation and assess any potential risks early so your project remains compliant.

We can support you at every stage of the process and help you minimise delays and disputes so that you can achieve a successful conversion.

For further support or advice, contact our Commercial Property team today.

 

What should you do when you want to pass on the family business?

What should you do when you want to pass on the family business?

Family businesses often represent years of hard work and a legacy that many owners want to protect for the next generation.

However, not every family business survives after ownership is passed on and this can often be due to poor succession planning.

Family businesses may delay succession planning if passing on ownership seems far away or if uncomfortable conversations must be had. However, leaving it too late could be a costly mistake.

Jonathan Hol, an Associate in our Company Commercial Department, explains the importance of succession planning in a corporate or business entity.

What is succession planning?

A succession plan sets out how ownership and control of the business will pass on from one generation to the next or to new owners when an individual steps back.

A clear succession plan should consider ownership, management, timing and address the legal, tax and financial implications of passing on ownership. More often than not, private client as well as accountancy advice is required in most instances.

Family business succession planning often overlaps with personal estate planning and making sure these decisions are clearly documented can help your business’s continuity.

Why is succession planning needed?

Without a clear succession plan, disputes between family members can arise over ownership or leadership roles.

Some family members may wish to be involved in day-to-day management, while others may prefer an ownership role, a sale of the family business or merely an exit altogether.

Clear ownership structures that are supported by shareholders or partnership agreements can set out expectations and prevent future conflict.

It can even help preserve family relationships by setting expectations early.

Poor planning can also lead to unexpected tax liabilities and could even reduce the value of the business when it is passed on to the next generation.

Employees and customers may lose confidence if there is uncertainty about who is in control.

Business owners should consider succession planning if they wish to retain control over how and when the transition happens.

How do you prepare a succession plan?

Succession planning should ideally begin at least five years before your intended exit.

If your business is owned by multiple family members or you wish to pass on your ownership to a family member, you should consider reviewing shareholder agreements to set out how shares can be transferred and the responsibilities of each shareholder.

Wills should be updated alongside any corporate succession decisions, as an outdated Will can result in the ownership of business interests being handed over in a way you did not intend it to.

How can we support your succession planning?

Succession planning is not about preparing for retirement but protecting the future of your business.

Our professional team can help assess your current arrangements, draft or update shareholder agreements and advise on the most appropriate structure for transferring ownership.

We want to help secure the future of the business you have built and provide reassurance that your plans will be enforceable once you step back.

For more advice or support from our specialist family business team, please contact us.