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Continuing our series on the latest additions to our Wills and probate team, we’re excited to introduce you to Jennifer Hitchen, a paralegal in our Dispute Resolution and Litigation team.  

She supports our Head of Personal Litigation, Erin Duffy, on a variety of contentious probate matters, working closely with our Private Client team.  

With responsibilities including drafting correspondence, arranging instructions for counsel and experts, research, registering caveats and reviewing documents relating to capacity issues, Jennifer enjoys the variety of her role within the world of private client work! 

Jennifer before Palmers 

Jennifer has a diverse range of experience in civil litigation and dispute resolution which she brings to her role with us.  

Having previously worked in personal injury and clinical negligence practice after completing her Level 4 Paralegal qualification, she has an in-depth understanding of client needs – taking a level-headed and practical approach to client work.  

Outside of the office, she is a competitive horse rider and enjoys travelling.  

Hear from Jennifer 

“I chose to go into litigation and civil matters because, in contrast to other areas of the law, the concepts and stories behind litigation cases are always interesting.  

“I love hearing clients’ stories and getting to them know them and their situation, including how it came about and who else is involved.  

“Those occasions when you can obtain a good outcome for someone who has been in a very stressful situation are incredibly rewarding.” 

Want to speak to our Contentious Probate team? Contact us here.  

By Jonathan Hol, Solicitor

Succession planning for family businesses can be a complex and emotionally charged processes.

When there does not appear to be a clear solution, the uncertainty can cause stress and worry.

However, with the right guidance, business owners can explore their options and plan for the successful future of their company.

Just like exit strategies for other businesses, there are several routes family businesses can take to ensure a smooth transition, including:

• Passing or transferring ownership to the next generation
• Selling to external parties
• Management buyouts (MBOs)
• Introducing external leadership

These options involve numerous legal, practical and tax considerations.

Our role is to help business owners assess these choices and provide the legal expertise needed to facilitate a successful transition.

The importance of legal support in succession planning

Succession planning requires a comprehensive approach taking into account various estate, commercial, corporate and tax considerations.

Our team will help to make sure that your plans are properly structured, and that all the necessary documentation is drawn up to protect the interests of the business and the parties involved.

Risk assessment

Before making any decisions, you should have consideration to certain aspects which could impact the decision to transfer the business, such a tax, estate planning, corporate agreements (such as shareholder agreements, option agreements) as well as any other existing commercial agreements (such as finance agreements, personal guarantees, charges or guarantees by the company).

We can help identify risks that may affect the succession process and advise on how to deal with them or mitigate their impact.

Structuring the transition

Succession involves balancing family dynamics with business interests.

Issues such as tax implications, shares distribution, and ownership rights must be carefully considered to ensure the deal is both fair and legally compliant.

Handling disputes

Succession planning can lead to disagreements, especially when multiple family members or shareholders are involved.

Legal teams may be able to mediate and resolve disputes, helping to avoid potential disruptions that could harm the business or delay the process.

Ensuring compliance

Transitions in ownership or management must comply with a range of regulations.

Our team can help ensure the process complies with corporate laws, property, estate and employment legislation.

If the business is being sold or transferred, Palmers can ensure the transition is seamless for all parties involved, including employees, through regulations like TUPE (Transfer of Undertakings Protection of Employment).

Support beyond the succession

Succession does not end once ownership or management has been transferred.

There are ongoing legal and practical matters to address, such as integrating new leadership, maintaining employee rights, and ensuring the continuity of business operations.

We can offer ongoing support to make sure the transition remains smooth and successful.

For legal support with succession planning for your family business, contact our team today.

By Kristie Willis, Solicitor, Employment.

Running a business comes with plenty of challenges, and one of the more frustrating ones can be facing competition from former employees.

Thankfully, restrictive covenants in employment contracts can help protect your business from these threats.

What are restrictive covenants?

Restrictive covenants are clauses included in employment contracts that limit what an employee can do after they leave your company.

These clauses help protect your business by keeping your confidential information secure, preserving client relationships, and maintaining your competitive advantage.

Here are the main types of restrictive covenants:

• Non-compete clauses – These prevent former employees from joining or setting up a competing business. The restriction usually applies to a certain area and lasts for a specific time after the employee leaves. While the previous Government had proposed capping this time to three months, there has been no indication that the new Labour Government will follow through with this. These are generally the most difficult to enforce as they are the most restrictive.
• Non-solicitation clauses – These stop ex-employees from reaching out to your clients or customers to do business with them for a set period.
• Non-dealing clauses – A stricter version of non-solicitation, these prevent any business dealings with former clients, regardless of who initiates contact.
• Non-poaching clauses – These clauses prevent ex-employees from persuading your current staff to leave and join them at their new company.

Are restrictive covenants enforceable?

Restrictive covenants are often seen as restraints on trade, which means they are not enforceable unless they are considered reasonable. For a restrictive covenant to be upheld in court, it must:

• Protect a legitimate business interest.
• Be no more restrictive than necessary to protect that interest.
• Not go against public interest.

Enforceability is not automatic and depends on the specific circumstances. Courts will consider factors like how long the restriction lasts, the geographical area it covers, what it is seeking to protect and the ex-employee’s role within your business.

Tips for business owners

Be specific

Vague or overly broad clauses are more likely to be struck down in court.

Make sure your restrictive covenants are clear and focused on protecting specific business interests.

Review regularly

As your business grows and market conditions change, your employment contracts should be updated to reflect those shifts.

Keeping your restrictive covenants up to date ensures they remain relevant and enforceable. The restrictions are reviewed on what was reasonable at the time they were entered into. They should therefore be reviewed if any circumstances change to ensure they are still relevant and necessary e.g. if the employee is promoted as this may mean that they would be viewed in context of the new role.

It is not straightforward to introduce new restrictive covenants to an existing contract so how to do this will need to be considered with your legal advisers. Restrictive covenants can be a powerful tool for protecting your business, but they are not foolproof and need to be carefully considered and drafted.

Taking the time to understand how they work and ensuring they are properly drafted will give you the best chance of defending your interests against former employees.

If you are dealing with competition from an ex-employee or need advice on drafting or enforcing restrictive covenants in employment contracts, contact our expert team today for guidance.

By Lisa Judd, Head of Employment & HR Advisory

The Labour Party’s Employment Rights Bill represents one of the biggest legislative overhauls in recent history, aimed at improving workers’ rights across the board.

Announced this month, these reforms will impact how businesses operate, from hiring practices to employee entitlements.

While many aspects of the bill will not be enacted for at least two years, employers must start getting to grips with the upcoming changes and understand their legal implications.

What are the key changes?

Day-one employment rights

One of the headline changes is the introduction of day-one rights for workers.

Employees will qualify for protection against unfair dismissal from the first day of employment, as opposed to the current requirement of two years’ service in most cases, although this will be subject to a probationary period.

This will also extend to day-one rights for paternity and unpaid parental leave, broadening the scope of parental entitlements.

Businesses must now be prepared for how they manage new hires, as dismissal processes could face more scrutiny from day one.

Employers should review their onboarding and probation procedures to ensure compliance with these new protections as far as possible with the limited information available. Probation procedures will need reviewing once the regulations (which provide more detail on the process required during probation) have been made available.

Statutory Sick Pay

A major change will be the introduction of Statutory Sick Pay from the first day of illness, without the current lower earnings limit.

This means all workers, regardless of income, will be eligible for Statutory Sick Pay from the first day they report sick.

While the Statutory Sick Pay rate of £116.75 per week remains unchanged for now, the removal of the earnings threshold is expected to impact the financial planning of many businesses. It is believed for those below the current lower earnings limit, a percentage of pay will be paid.

Employers will need to adjust their sick leave policies and be prepared for the administrative and financial implications of providing sick pay from day one.

Zero-hour contracts and fire and rehire

It is estimated over one million people currently on zero-hours contracts will gain the right to guaranteed working hours if they have worked regular shifts over a set period (initially proposed as 12 weeks).

Additionally, ‘fire and rehire’ practices, where employers dismiss workers and rehire them on less favourable terms, will be banned except in extreme circumstances, such as businesses on the brink of collapse.

We can help advise employers on their long-term strategies to ensure that any necessary changes to employment terms are handled lawfully.

Flexible working

It was thought that Labour’s commitment to making flexible working the default option for employees would reshape workplace policies, however the changes are more subtle than originally anticipated.

Employers will only be permitted to refuse on specified grounds (which is the current position) but also only if it is reasonable to refuse on those grounds. Employers will need to explain why they believe the reason applies and why they consider it reasonable to refuse the request. Employers will also be required to create action plans to close gender pay gaps and support female employees experiencing menopause.

These provisions will add further compliance requirements for employers, particularly those with larger workforces.

The Fair Work Agency

A new enforcement body, the Fair Work Agency, will be established to monitor and enforce the expanded rights contained in the bill, including holiday pay and other entitlements.

This agency will combine several existing enforcement bodies and is expected to have wide-ranging powers to inspect and audit employers’ compliance with the new legislation.

Employers should prepare for possible inspections and ensure that all aspects of their employment practices, from holiday pay to flexible working, comply with the new requirements. It is proposed the Agency will support employers who wish to comply with the law.

What do employers need to do now?

While many of these changes will not be fully implemented until 2026, we strongly advise employers to start preparing now.

This means reviewing current contracts, employment practices, and workplace policies to ensure they are in line with the forthcoming legal framework.

Employers should also engage in consultations with their legal advisors to manage risks and minimise potential liabilities.

Our employment law specialists can help you prepare for these new regulations and ensure that your business is compliant well in advance of the bill’s enactment.

For further assistance, please contact us today.