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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.

Social media ban could create new legal grey areas for separated families, solicitor warns

Social media ban could create new legal grey areas for separated families, solicitor warns

Proposals to ban social media access for under-16s risk creating complex practical and legal challenges for families where parents live apart, according to family law experts.

Much of the debate around the potential ban has so far centred on online safety.

However, Karen Bishop, Head of Family Law at Palmers Solicitors, says digital communication has become an established part of how children sustain everyday relationships with a parent they do not live with and warns that restrictions could disrupt those connections.

“Indirect contact through video calls is now routine for a lot of families,” Karen explains.

“It is very common for court orders to provide for regular FaceTime or similar calls each week.

“Older children, teenagers especially, often communicate more informally, using messaging apps, gaming platforms and social media day to day to maintain relationships with a parent.

“Restrictions that limit access to those platforms could therefore affect the more informal interactions that help relationships feel natural rather than managed.”

The issue becomes more prominent where distance is a factor. Families living in different parts of the country or in different jurisdictions often rely heavily on digital communication to bridge the gap between in-person visits.

“If parents live far apart, being able to contact becomes much more important,” Karen says. “Limiting it is likely to hinder those relationships to some extent.”

The concern over contact is not limited to just a parent-child relationship, either. Children dealing with separation often rely on extended family members, friends and peers for emotional support.

“Children dealing with their parents’ separation need support,” Karen says. “A social media ban could restrict access to that support and I would question whether that serves a child’s best interests.”

Karen also believes new rules could open the door to fresh disputes between parents.

Differences in parenting style already sit behind many disagreements and restrictions could create further scope for conflict, particularly if parents interpret the rules differently.

“You could have one parent trying to enforce a ban while the other takes the view that it does not need to be policed so strictly,” Karen says.

“It becomes a question of what counts as a breach and what does not.”

In a legal system already dealing with high levels of conflict, Karen expects the issue could generate further applications if disagreements cannot be resolved.

She also highlights potential implications for the right to family life and for children’s privacy, particularly as they grow older and seek greater independence.

“Restrictions on communication through social media are likely to affect a child’s sense of privacy and expression, which becomes more important as they mature.”

She cautions against a blanket-ban approach, noting that children of the same age can have very different levels of understanding and maturity.

“One child of a certain age may be very different from another,” Karen says. “A single age threshold may not reflect those differences, so I do not believe a decision over social media access for children is something that can be determined by age alone.”

Instead, Karen believes education and supervision offer a more workable path.

“Courts tend to favour child-focused solutions,” she says. “Measures such as clearer guidance on online behaviour, parental controls and agreed time limits could address safety concerns without removing access entirely.”

The reality of how courts handle technology disputes also adds complexity.

Provisions about device use already appear in the details of some contact arrangements, particularly where one parent has previously restricted access during contact.

Even then, enforcement can be difficult because expectations vary widely between households.

“It often comes down to personal parenting choices,” she says. “What happens in one home may not be the same in another.

“Any new framework would need to set basic expectations while allowing flexibility, otherwise families may find themselves returning to court to resolve disputes about interpretation or alleged breaches.”

Families returning to court to resolve these disputes could further strain a system already facing delays.

Alongside those challenges, Karen raises a less-discussed issue regarding the use of video calls in high-conflict cases.

While widely used, they can sometimes feel intrusive, particularly where tensions remain high or there has been past abuse, as they allow a parent to see into the other household’s private space.

“That can be triggering in some situations and it further demonstrates the need for a thoughtful approach to contact arrangements.”

For Karen, the debate over a social media ban highlights the difficulty of regulating modern family life through broad rules. The way children communicate continues to change, often faster than policy or law can keep pace.

“Social media use is a complex grey area,” Karen says. “Whatever solution the Government decide on to protect children from the dangers of these platforms should not be decided without recognising how families actually maintain relationships.”

What should I do if my ex has broken our Child Arrangements Order?

What should I do if my ex has broken our Child Arrangements Order?

When you and your ex-partner are going through a divorce, coming to an agreement on child arrangements is not always straightforward.

If you are unable find a solution through Alternative Dispute Resolution (ADR), a Child Arrangements Order (CAO) may be required.

A Child Arrangements Order (CAO) is a legal Order put in place by the Family Court that determines where your child should live and how much time to spend with each parent.

If your ex-partner breaches this Order, you must understand what steps you can take to protect your child’s welfare and your parental rights.

Our Head of the Family Department, Karen Bishop, explains what you should do if a breach occurs.

What is a CAO?

A CAO sets out how parental contact will take place and this contact can be face-to-face, overnight, supervised or indirect, such as phone or video calls.

Every CAO is based on the child’s individual circumstances and what the Court believes is in their best interests.

The contact agreement usually remains in force until the child turns 16 years old and the child’s living situation usually remains until they are 18 years old.

What counts as a breach of an agreement?

A breach occurs when one parent fails to comply with the obligations of the Order without a reasonable excuse.

Common examples include:

  • Preventing the other parent from seeing the child during court-ordered contact
  • Repeatedly cancelling or shortening contact
  • Moving the child without consent or court permission
  • Refusing to follow other specific terms of the Order

While minor or one-off issues may not result in court action, breaches that are repeated or deliberate are taken seriously.

It is important to keep a clear record of all breaches, including dates, times and any supporting messages or evidence, in case the situation needs to be taken further.

What happens if the Order is breached?

If your ex breaches a CAO, nothing will automatically happen straight away, as the Court does not actively monitor compliance once an Order has been made.

Action is only taken if you raise the issue and this is usually done by making an application to the Family Court for enforcement of the Order.

Once an enforcement application is made, the Court will look at whether the Order has been breached and if your ex had reasonable excuse for not complying.

If the breaches are deliberate or repeated, they will be treated much more seriously, especially when they affect the child’s welfare or your relationship with them.

If the Court believes the breach has occurred without reasonable excuse, they may order your ex to allow make-up contact time to compensate for the time missed with your child.

The Court can impose financial consequences or change the existing CAO if it is no longer working in the child’s best interests.

They may even impose fines or a prison sentence for contempt of court, but this is rare and only used when enforcement options have failed.

What are the first steps to take if there is a breach?

If it is safe to do so, you should try to resolve the issues directly with your ex, as misunderstandings can sometimes be resolved without court action.

Mediation may also help and is usually expected before making a court application, but you should seek legal advice when a breach has occurred.

We can help you gather evidence and advise on how to enforce your application so that you can protect your child early on.

To learn more about a Child Arrangement Order and how to enforce it, contact our Family Law team today.

Essex employment solicitor advises on work and pay during adverse weather conditions

Essex employment solicitor advises on work and pay during adverse weather conditions

With the first snowfall of 2026 affecting large parts of England this week and more expected to come, Kristie Willis, Employment Solicitor at Palmers Solicitors, is reminding employers and staff of their rights and responsibilities.

“Employers have a duty of care to protect their staff,” Kristie said. “That does not stop when the weather takes a turn for the worse. If the authorities advise against travel, employers should not expect employees to risk their safety just to get into work.”

She emphasises the importance of creating contingency plans for scenarios where the weather disrupts business operations.

“A clearly drafted adverse weather or travel disruption policy makes a huge difference as it sets out expectations for everyone.

“For example, can staff work from home? Could start times be flexible? Sharing the policy in advance allows employees to ask for clarification on anything they are unsure of to avoid confusion.”

Kristie also addressed the question of closing workplaces as a safety measure.

“If it is unsafe to open, employers should consider closing the business. Staff are usually entitled to pay if the workplace closes, because they are ready and willing to work.

“That changes only if the contract specifically allows for lay-offs or short-time working.”

For employees unable to attend work while the workplace remains open, how they are treated can vary depending on the employer.

“ACAS suggests pay is not required if someone cannot get to work due to snow or ice because they are not fulfilling their contract of employment.

“However, I would like to state that there is no conclusive case law supporting this sentiment.

“When deciding whether to pay employees who don’t show up to work due to weather conditions, employers should consider what stance they have taken in the past.

“If staff have been paid for bad weather before, suddenly withholding pay could cause disputes. Ideally, the employee’s contract and the employer’s policy will make the situation clear.”

Kristie also stressed fairness for those with caring responsibilities, for instance, where they have children.

“If schools close, employees have a right to take reasonable time off to care for their children, though this is usually unpaid.

“Employers should be cautious of paying employees who cannot travel to work but not paying employees who cannot attend work due to caring for dependents to avoid discrimination claims arising as a result.

“Providing options like annual leave, making up the time or working from an alternative location helps avoid complaints.”

Palmers Solicitors can provide guidance to employers on drafting or reviewing adverse weather policies to help keep business operations running smoothly.

For more information, please contact Kristie Willis.