Statutory paternity leave requirements to change from April 2024 – what are the differences?

Having a child can be both one of the most rewarding times in a parent’s life, but as many parents will tell you, it can also be a time of stress and exhaustion. The aim of maternity and paternity leave is to try and alleviate this. Recently, the British government submitted a bill to Parliament that will amend the current statutory paternity leave scheme.

This legislation will allow fathers or partners to split paternity leave into two blocks, giving more flexibility than the present situation where they can only take one continuous block of paternity leave. The Paternity Leave Amendment Regulations 2024 will apply in cases where childbirth is expected before or after 6^th April 2024.

Currently, employees can take up to two consecutive weeks of statutory paternity leave up to 56 days (eight weeks) after the birth of their baby. This paternity leave can be taken provided they meet the eligibility criteria, evidence and notification requirements. Similar provisions exist for adoption and surrogacy cases.

So, what are the changes in the Paternity Leave Amendment Regulations 2024?

These changes will apply to parents of new-borns whose expected delivery date is on or after 6^th April 2024. The changes will also apply to parents whose expected adoption date is on or after 6^th April 2024. For those whose children are born before 6^th April, the current requirements will continue to apply.

What is the length of paternity leave?

Current requirements: It can only be regarded as a continuous holiday, such as a break of 1 week or 2 weeks in length.

New requirements: The changes allow fathers and partners to split two weeks of paid leave into two separate weeks.

When can you take paternity leave?

Current requirements: Leave within 56 days (8 weeks) of the baby’s birth.

New requirements: Leave can be taken at any time within a year after the baby is born or a child is adopted.

What are the notice requirements for paternity leave?

Current requirements: Must give notice of leave 15 weeks prior to the expected birth date, when they want leave to start, and how much leave they want.

New requirements: Employers must be notified 28 days in advance of the leave employees intend to take, and how much leave they want to take. However, notice of entitlement must still be provided 15 weeks before birth.

How much is statutory paternity pay?

Current requirements: £172.48 a week or 90% of average weekly earnings, whichever is higher

New requirements: £184.03 or 90% of their average earnings, whichever is higher. This increase is in line with the uprating of statutory payments

The changes increase the flexibility of statutory paternity leave by allowing fathers and partners to take two weeks’ paid leave during two separate periods of the week. Statutory paternity pay will go up slightly to £184.03 or 90% of their average earnings, whichever is higher. Alternatively, some employers may choose to offer full pay.

Our thoughts

The changes to statutory paternity leave are a welcome improvement on the current regulations. However, many have criticised the government for not going far enough with the changes. The reality for many fathers or partners is that they are unable to take their full paternity entitlement due to the financial strain. To emphasise this, a recent survey found that only three in five fathers took less than two weeks following the birth of their most recent child. Only 29% of fathers surveyed had access to increased pay or increased paternity leave through their employer. The UK lags behind other Western European countries, with the likes of Spain and Norway offering over 15 weeks of full pay for new fathers.

Require our family law services? Get in touch with us today.

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Marks and Spencer defeats government in High Court battle over controversial redevelopment of its flagship store

The iconic British retailer, Marks and Spencer, has won a High Court legal battle against the government over their decision to reject the retailer’s planning application. The High Court ruled that the decision of the Levelling Up, Housing and Communities Secretary, Michael Gove, to reject the development of the M&S flagship store was unlawful. The planning permission appeal by M&S was therefore successful.

The case forms part of a debate about repurposing versus demolishing commercial buildings in the UK. Find out why the government were overruled and the potential significance of its impact on planning in today’s article.

Background

Situated in an iconic art deco building, M&S originally submitted plans to demolish its current site, Orchard House, and replace it with a modern store containing a new café, offices and a gym. The current five-floor building would be replace by one which is 10 stories, containing two and a half floors of retail space in total. The retailer pledged that the project would be sustainable by recovering, recycling or reusing 95% of the materials in its existing Marble Arch building. However, critics have argued that the project would produce almost 40,000 tonnes of carbon. These plans were approved by Westminster City Council in 2021.

However, not everyone was happy with this decision. Michael Gove launched a public inquiry into the planning application in the summer of 2022. This inquiry, with the support of historic building campaigners like SAVE Britain’s Heritage, resulted in him blocking Marks and Spencer’s plans.

M&S appeals decision

M&S responded by appealing the decision to the High Court in February 2024. The case they brought challenged the decision by Mr Gove in July 2023 to reject the development of their flagship store on Oxford Street.

In total, six grounds of challenge were made by M&S. These included the following:

1. Ground One – the Secretary of State (SoS) erred in respect of paragraph 152 of the National Planning Policy Framework (“NPPF”) when he said in DL 24 that there is a “strong presumption in favour of repurposing and reusing buildings”

2. Ground Two – the SoS erred in respect of the consideration of alternatives

3. Ground Three – the SoS erred in the balance of public benefits as against the heritage impacts

4. Ground Four – the SoS’s conclusion on the harm to the vitality and viability of Oxford Street, had no evidential basis

5. Ground Five – the SoS made an error of fact in respect of the embodied carbon, and misapplied policy in respect of embodied carbon

6. Ground Six – the SoS erred in his approach to analysing the impact of the proposals on the setting of Selfridges and the Stratford Place CA

Judgement

In what was widely regarded as an embarrassing outcome for the Secretary of State, the High Court found that Mr Gove’s decision to reject the redevelopment was “unlawful”. M&S succeeded on five of the six grounds that they challenged on, with only ground six failing.

The High Court also found that Mr Gove had misunderstood on a number of key areas. This was partly due to the Secretary of State reaching a conclusion which was not provided for him by the National Planning Policy Framework – which sets out the government’s planning policies for England and how these policies should be applied. Chiefly, his understanding of the use of repurposing and re-using buildings, rather than demolishing them, was deemed to be lacking.

Despite the victorious M&S appeal, the decision by the High Court does not mean that the new development will automatically go ahead. Gove would be able to refuse planning permission once more, but this would likely lead to another challenge by M&S. The case highlights the need for clear planning policy, and may result in further revision to the National Planning Policy Framework.

Our thoughts

The success of M&S on five of the six grounds challenged suggests that there were substantive issues with the initial decision-making process. The court’s emphasis on the need for clarity in planning policy and the correct application of such policies further underscores the importance of ensuring that decisions are made in accordance with established legal frameworks.

While the High Court’s ruling does not automatically guarantee the approval of the new development, it does signal the potential for further challenges if the Government were to refuse planning permission again.

On the other hand, the case provides an evidential indication of the direction of Government policy of which the developers, investors, property and business owners should take note of. Sustainability credentials and embodied carbon levels are crucial for successful demolition and redevelopment applications as local authorities enforce zero carbon policies. The London Plan and other regulations emphasise considering the entire building life cycle.

Westminster’s retrofit taskforce and the UK’s Net Zero review highlight the need for consistent long-term policies and investments. The refusal indicates a shift towards retrofitting over wholesale redevelopment, hinting at potential future carbon legislation in the industry.

Lisa’s Law has considerable experience in handling cases which challenge decisions made by Local Authorities. This includes our expertise when it comes to planning permission appeal. Contact us today for more information.

Have questions? Get in touch today!

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James Cook

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Home Office pilot scheme breached UK data protection law

The information commissioner’s office (ICO)has issued an enforcement notice and a warning to the Home Office for failing to sufficiently assess the data protection risks arising from the GPS electronic monitoring of migrants who have entered the UK illegally. This follows the launch of a Home Office pilot scheme to place ankle tags and track the GPS location of up to 600 migrants who arrived in the UK and were on immigration bail.

The aim of the pilot was to test whether electronic monitoring is an effective way to maintain regular contact with asylum seekers, while reducing the risk of absconding, and to establish whether it is an effective alternative to detention. Following concerns raised by Privacy International, the ICO has been in discussion with the Home Office about the scheme since August 2022. The ICO found the Home Office failed to sufficiently assess the privacy intrusion of the continuous collection of people’s location information.

Furthermore, the Home Office failed to provide clear and easily accessible information to migrants in the pilot scheme, including details of what data would be collected, how it would be used and retained, and why. The Home Office guidance also failed to provide sufficient direction to staff on when it would be necessary and proportionate to electronically monitor people as an immigration bail condition.

Although the pilot scheme ended in December 2023, the Home Office can still access the personal information gathered throughout the pilot until all the data has been deleted or anonymised. This means that the information collected may remain accessible and usable not only by the Home Office, but also by other third parties.

The ICO has issued the Enforcement Notice requiring the Home Office to update its internal policies, access guidance and privacy information in relation to the data retained from the pilot scheme. The ICO has also issued a formal warning stating that any future processing by the Home Office on the same basis will be in breach of data protection law and will attract enforcement action.

Our comments

The Home Office wants to use the pilot scheme to track migrants in detention. Such tracking is highly intrusive and such processing should be accompanied by robust guidance and procedures to ensure it is applied consistently and in a way that respects privacy. However, the Home Office failed to consider this from the outset, the policy was inconsistent and there were information gaps.

We are pleased to see that the privacy of migrants who are on immigration bail is also considered and protected in this move by the ICO. Improvements need to be made by the Home Office in its approach to ensure people’s information rights are respected and safeguarded.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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James Cook

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Changes to restrict short-term lets announced

The Department for Levelling Up has recently announced changes to housing rules for short-term lets. This action follows growing concern about local residents being forced out of their community by people turning their properties into Airbnb holiday rentals in tourist areas of the country. This was seen by many as a good way of making profit on second homes, something which was turbocharged by the Covid pandemic. However, in many cases, this has resulted in property prices and rental costs being pushed up in these local areas.

Following a consultation which began in April 2023, the government has issued a press release outlining their plans for reform of short-term lets. Further action which demonstrates the government’s desire to tackle this issue is the announcement in the Spring Budget, which abolished the furnished holiday lets regime.

So, what has been announced by the Department of Levelling Up regarding changes to the planning rules for short-term lets? Let’s take a look at each announcement in detail.

Planning permission

Perhaps the major announcement made is that planning permission will now be required for future short-term lets. This would mean that for future short-term lets, property owners who wish to let their home out for over 90 days a year will be required to apply to their local council. This will give councils more control over short-term lets in their community, which in theory should help the housing situation in areas which are popular with tourists like Cornwall and Devon.

There has been no information so far as to how long the planning permission will take, however at the moment it usually takes up to 8 weeks. It seems unlikely that it will take much longer than this in the majority of cases.

It’s worth pointing out that the planning permission will only be required for future short-term lets. The government press release contains the mention of a new planning ‘use class’ which will be created for short-term lets which aren’t used as either a sole or main home. Those existing short-term lets will automatically come under the ‘new use class’ and therefore not be required to submit a planning application.

Mandatory national register

Another change which will be introduced is a mandatory national register. The idea of a new mandatory national register is that it will give local authorities more information about the short-term lets in their local area. The government also claim that this will help local authorities to understand the effects of these short-term lets on their communities, as well as to “underpin compliance with key health and safety regulations”.

This particular change has received widespread praise from organisations ranging from Airbnb to Generation Rent, the latter of which campaigns on behalf of renters.

When can we expect further details?

The government have outlined that the changes will be introduced from this summer, but no information has been given about a specific date. The timing of this is a curious one, as summer is the most popular time for short-term lets, but it seems likely that there will be much more detail provided prior to the changes being implemented.

Our thoughts

With the ongoing housing crisis in the UK, more regulation will be welcomed by those who are being priced out of their local communities. While tourists often bring much needed investment into these same local economies, those who own property lets have an incentive to put their properties on Airbnb rather than rent to a local who may not provide them with as much income. With the sclerotic state of the UK economy, it can be a difficult balancing act trying to ensure that regulations are not too extensive.

However, a key fact of the matter is that only owners of new holiday lets will be required to apply for planning permission. So, for areas which have already been blighted by short-term property lets, it is perhaps difficult to see how these changes will help extensively. We will update you on these plans once further information is released.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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James Cook

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March 6, 2024
Business, Family, News

Chancellor Jeremy Hunt Announces 2024 Spring Budget

The Chancellor of the Exchequer, Jeremy Hunt has today delivered the 2024 Spring Budget, announcing a range of measures designed to both boost a UK economy currently in recession, as well as attract voters for this year’s upcoming general election.

But what measures did the Chancellor announce? Let’s take a look at the major changes our readers may be interested in.

2p reduction in national insurance

Perhaps the headline announcement was that national insurance would be reduced by 2p in the pound for employees and the self-employed. National Insurance is paid by working people who are over the age of 16 and either an employee who earns more than £242 per week from one job or self-employed and making over £12,570 per year.

National insurance contributions are primarily made to qualify for the state pension, as well as certain other benefits. The Chancellor has been criticised for choosing to cut National Insurance rather than any other tax due its regressive nature, as the highest earners pay a lower percentage relative to their income compared with those who earn less than them.

This cut to National Insurance follows the one made in January, meaning that for employees who are paid between £12,571 and £50,270, the NI rate will be 8% from April. For someone who is earning £25,000 per annum, they will save an extra £249 per year.

Non-dom tax status abolished

The non-dom tax status is being abolished by the government and will reportedly be replaced by a “fairer” system from April 2025. Short for non-domiciled individual, a “non-dom” is someone who is a UK resident but has their permanent home outside of the UK. Perhaps the most well-known example of this is the Prime Minister’s wife, Akshata Murty, who announced that she would start paying UK tax on her earnings outside the UK once her status was revealed.

Property changes – tax and holiday lets

A couple of changes have also been announced in relation to property tax and holiday lets. The higher rate of property capital gains tax (tax on sale of assets such as property which is not their home), will be reduced from 28% to 24%. In addition, stamp duty relief will be abolished for those who are buying more than one property.

The last change announced is a relatively minor one – the scrapping of the furnished holiday lets regime. Property owners who rent out to holidaymakers currently get certain tax reliefs. The scrapping of this is perhaps designed to curb the dominance of holiday lets in certain areas of the country where people struggle to find somewhere to rent.

Child benefit

Previously, if at least one parent earned £50,000 a year or more, child benefit would be reduced through the high income child benefit charge. Now however, this is being increased to £60,000.

Meanwhile, child benefit will now be removed completely once one parent earns £80,000 per year. Previously, this was £60,000. The rise in the benefit is reportedly worth £1.60 per week for one child, and an extra £1.05 for each additional child.

The Chancellor also announced a consultation to apply child benefit to collective household incomes rather than individual income from April 2026.

VAT threshold for small businesses

Finally, the threshold on VAT for small businesses has been increased by £5,000, from £85,000 to £90,000. The VAT threshold is the set amount of revenue that a UK businesses can make in turnover on an annual basis before it must register for VAT. This move will be welcomed by small businesses, as the VAT threshold had previously not risen since 2017.

Need legal advice on business law for your small business? Contact us today.

Our thoughts

While there will be many welcome measures contained in the budget for households, many would have expected more given that 2024 is an election year in the UK. Economists have pointed out that the freezing of the tax thresholds (the income level at which an individual pays tax), combined with a significant rise in inflation, means that for many they are still worse off as a result of the tax measures which have been introduced by the Conservative government. In fact, tax as a share of GDP is expected to reach its highest level since 1948 by 2028-2029.

While inflation has come down from 9% last March to 4.2% as of March 2024, many of the changes which have announced as “tax-cutting measures”, will not have this impact due to the inflation which has already occurred in the economy.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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James Cook

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Victory After Two Decades: Successful 20 Years Long Residence Visa Application

Securing legal residency after two decades of living in the UK under uncertain circumstances can seem like an insurmountable challenge. However, for many individuals who have built their lives in the country despite their unlawful status, obtaining a visa can become a reality with the right approach and supporting documentation. In this article, we outline what is needed to support a 20 years long residence application, as well as a case study involving a couple we helped in this application.

The Journey to Legal Residency

For individuals who have resided unlawfully in the UK for an extended period, the pathway to legal residency often begins with understanding the eligibility criteria for the 20 years unlawful residence visa. This visa category allows individuals who have lived continuously in the UK for 20 years or more to apply for legal status, provided they meet certain requirements under the immigration rule.

Supporting Documents Needed

Proof of Continuous Residence

One of the primary requirements for the Long Residence Visa is evidence of continuous residence in the UK for the entire 20-year period. This can include rental agreements, utility bills, bank statements, and employment records spanning the two decades.

Financial Records

Applicants must demonstrate their ability to support themselves financially without recourse to public funds. This necessitates providing evidence of stable employment, income tax records, and bank statements to prove financial stability.

Character References

Character references from reputable individuals in the community can strengthen the applicant’s case by attesting to their good moral character and contributions to society during their time in the UK.

Life Establishment in the UK

Documentation illustrating the applicant’s integration into UK society, such as enrolment in educational institutions, membership in community organizations, or participation in cultural events, can further bolster their application.

Medical Records

Applicants may need to provide medical records to demonstrate any ongoing medical conditions or treatment received during their time in the UK, highlighting their ties to the country’s healthcare system.

Successful Lisa’s Law Case Study

This successful story involves a couple who approached Lisa’s Law seeking professional legal advice on whether they could regularise their stay after over 20 years of unlawful residency in the UK. After being caught by the immigration authority and detained, they found themselves in a precarious situation after overstaying their visa in the UK.

Despite their initial apprehensions, the couple embarked on the journey of regularising their status through the 20 years long residence visa route. With the guidance of our immigration experts at Lisa’s Law, we helped with thorough preparation of supporting documents and drafted legal submissions to the Home Office. The couple successfully submitted their application after 20 years of living in the UK on 27 July 2023. They were subsequently granted leave to remain in the UK on 02 February 2024 under the private life route.

Securing legal residency in the UK after 20 years of unlawful residence is undoubtedly a challenging endeavour. However, with the guidance from Lisa’s Law’s professional immigration caseworkers, along with the right documentation, many individuals like the couple above can navigate this process successfully, paving the way for a brighter and more secure future in the country they call home.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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New Director Appointed at Lisa’s Law

We are delighted to announce that Immigration Supervisor, Mahfuz Ahmed, has been appointed as a Director at Lisa’s Law. Mahfuz becomes the third Director at the firm, along with Managing Director, Chuanli Ding and Solicitor, Felix Otuoke.

Mahfuz’s role as Director will be to oversee and lead efforts to foster the growth and development of our legal assistants, paralegals and trainees. This process aims to ensure a seamless transition for staff progressing to become solicitors and caseworkers.

At the same time, Mahfuz will ensure staff remain dedicated to the core principle of delivering the best value and client care for our clients, as well as consistently meeting our highest standards of excellence. In essence, he will aim to align our team’s development with the values of outstanding client service.

Mahfuz Ahmed, Immigration Supervisor:

‘I’m really excited about becoming a Director at Lisa’s Law. I believe my experience will help the firm grow, and I’m all set for this new challenge. I’m part of a fantastic team that supports and encourages each other, and I’m ready to work hard with them to make our immigration department even better.

I’m eager to team up with our paralegals and trainee solicitors, ensuring they receive the support necessary to evolve into solicitors and caseworkers, all while delivering excellent customer care for our clients.’

Managing Director, Chuanli Ding added:

I am very pleased that Mahfuz has been appointed as a director. He will act as a first point of contact and mentor for Lisa’s Law’s legal assistants, paralegals and trainee solicitors and is responsible for their career development. Staff are the cornerstones of Lisa’s Law’s continuous success. I am proud that Lisa’s Law has a designated director to support their growth. With Mahfuz’s experience and knowledge, I believe that they will receive clearer and more prompt guidance in their career progression.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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Unfair Dismissal – a Guide for Employers and Employees

In today’s article, we will examine what happens when an employer unfairly sacks an employee, which is known as unfair dismissal. You can read our fair dismissal article, which explains the circumstances in which your employer can dismiss you fairly, by clicking here.

While employers are allowed to dismiss (also known as sack) their employees, there are certain rules which they must conform to. This includes having a legitimate reason for dismissing an employee, as well as the process followed when dismissing an employee. Like fair dismissal, unfair dismissal is also set out in the Employment Rights Act 1996.

When might a sacking be classed as unfair dismissal?

The first thing to establish is the basic facts about the dismissal. It might be unfair dismissal if any of the following apply:

An employee worked for their employer for at least 2 years
There was no fair reason for the dismissal i.e. the reason given was not the real one
The reason was not enough to justify dismissing them. Hence it is deemed unfair.
The employer did not follow a fair procedure e.g. failing to give warning prior to the dismissal

If you have been dismissed, then your employer should automatically tell you the reason for the dismissal. If they don’t, you can ask them for this information.

What reasons are automatically classed as unfair dismissal?

Even if an employer has acted reasonably, some reasons for dismissal are classed as automatically unfair. These reasons can be relied on by employees who have worked for their employer for less than two years when it comes to an unfair dismissal claim. These include the following:

pregnancy, including all reasons relating to maternity
family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants
acting as an employee representative
acting as an occupational pension scheme trustee
joining or not joining a trade union
acting as a trade union representative
took part in legal industrial action that lasted 12 weeks or less
being a part-time or fixed-term employee
reporting certain types of wrongdoing in the workplace – known as whistleblowing
were forced to retire (compulsory retirement)

What if you think you have been discriminated against?

If you think you have been discriminated against because of a protected characteristic, this could be classed as discrimination under the Equality Act 2010. As a result, this could mean that you are able to make a claim to an employment tribunal for both discrimination and automatic unfair dismissal. We covered a case involving a solicitor fired due to direct race discrimination here.

Protected characteristics include the following:

age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief
sex
sexual orientation

Furthermore, if you work more than one job, your dismissal can also be classed as automatically unfair if the following apply:

if you are on a zero hour contract
if your average weekly wage is less than £123 per week

How long do you have after dismissal to make a claim to an employment tribunal?

If you believe that you have been dismissed unfairly, it is important that you act promptly. Following dismissal, you have just three months minus one day from the date your employment ends to make a claim to an employment tribunal. However, prior to this you need to inform Acas (Advisory, Conciliation and Arbitration Service) of your intention to file a claim.

Acas will provide you with the opportunity to resolve the conflict through their complimentary ‘early conciliation’ service before resorting to tribunal proceedings. Furthermore, if you are a member of a trade union then it is advisable then you speak to your trade union representative.

If you were given a notice period, this date will be from the date that your notice period ends. If you were not, then it will the date you were dismissed from your job.

How can you challenge a dismissal?

If, after assessing the criteria, the employee thinks their dismissal was unfair, and more importantly, they want to challenge it, the employee can appeal through the employer’s appeal process. If your employer fails to give you the opportunity to appeal, this can be held against them if the case later goes to an employment tribunal. Your employer should explain the process of appeal in their disciplinary and grievance policy. You should appeal the dismissal in writing to your employer if the process is not explained in their policy.

The appeal process will consist of your employer taking another look at your case to assess if the procedure was followed fairly and the outcome was fair. The person who carries out your appeal and investigation must not have been previously involved in your case in order to make it as fair as possible. Where possible, they should also be senior to anyone who carried out your case previously.

Our thoughts

In summary, it is important to note that unfair dismissal is not a desirable outcome for anyone, either employers or employees. For employers, it can result in costly legal action and/or the reinstatement of the employee, while for employees it means the loss of a job, either temporarily or permanently. This causes divisions which may be unlikely to dissipate.

To foster and maintain a healthy working environment, employers and employees should be aware of their rights and responsibilities at work, notwithstanding the dismissal process. We would recommend that employers should always follow the correct procedures when dismissing an employee, as well as ensuring that they do not dismiss staff for a reason which is not legitimate.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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How can you protect commercial property against severe weather events?

While the UK has a reputation for its relatively mild, albeit rainy weather, at times it can become more serious. Some time ago, the UK experienced severe weather, leading to us receiving many enquiries from customers regarding commercial properties that suffered from flooding which caused water leakage, repairs and other losses.

With the prediction of future environmental and weather trends, the challenges faced by owners or lessors may become more severe. Therefore, we hope to point out some factors that should be taken into consideration when assessing your commercial property insurance. Commercial property building insurance is vital to protecting your property and assets from unexpected events such as severe weather and flooding.

Adequate Coverage

Make sure your policy provides adequate coverage for reconstruction or repair costs in the event of severe weather or flooding. Review your policy regularly to make sure it keeps pace with inflation and the current market value of your property.

Exclusions and Limitations

Pay close attention to the specific exclusions and limitations in your policy. Some policies may exclude certain types of weather-related losses or have limits on coverage for flood damage. For any ambiguous terms or provisions, seek clarification from your insurance provider.

Policy Extensions and Riders

Consider additional coverage options or policy extensions that specifically address severe weather and flood risks. This could include losses from business interruption, debris removal, temporary relocation expenses or storm-related power outages.

Maintenance and risk management

Minimize the risk of damage from severe weather by regularly maintaining your property. This may include inspecting and repairing roofs, gutters, and drainage systems, as well as ensuring proper insulation and waterproofing. Insurance companies may deny a claim if they believe the damage was caused by inadequate maintenance of the property.

Flood Risk Assessment

If your commercial property is located in a flood-prone area, it is crucial to assess the flood risk. Consider investing in a flood risk assessment to determine the likelihood of flooding and take appropriate precautions, such as installing flood barriers or elevating valuables above ground level.

Contingency Plan

Develop and regularly update an contingency plan that outlines steps to be taken before, during and after a severe weather event or flooding. These can include procedures such as evacuating people, shutting off utilities, securing the premises, and contacting your insurance provider to initiate a claims process.

Seek professional advice

Consider speaking with an insurance broker or risk management professional who can provide guidance on your specific commercial property and insurance needs. They can help you navigate complex insurance terms, identify potential coverage gaps, and ensure you have adequate protection against severe weather and flood risks.

Commercial Tenants

Make sure you understand your rights and responsibilities under your lease and building insurance policy. There are a large number of commercial tenants who are unaware of their responsibilities such as maintenance insurance for their commercial rental properties. We recommend that when signing a commercial lease, the maintenance and insurance terms should be clearly stated, and corrections and modifications should be made with the owner in a timely manner. After any damage occurs, check the terms of the lease promptly and take appropriate action.

Our thoughts

In summary, being proactive, well-informed and adequately insured will help reduce the hazards and challenges associated with severe weather and flood risks.

We recommend two reports from the Bank of England to readers interested in learning more about climate change and the insurance industry:

1) The impact of climate change on the UK insurance sector

2) Results of the 2021 Climate Biennial Exploratory Scenario (CBES)

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Immigration Salary List Rapid Review Published

On 4 December 2023, the Home Secretary announced several changes to the immigration system related to the Skilled Worker (SW) route. The Migration Advisory Committee (MAC) subsequently published its rapid review of the Immigration Salary List (ISL) on 23 February 2024 after being commissioned by the Home Secretary James Cleverly.

The Immigration Salary List will replace the current Shortage Occupation List (SOL) from April 2024. The main benefit of inclusion on the ISL is to allow employers to recruit migrant workers on a salary below the general threshold.

As this was a rapid review, the MAC only looked at jobs on the current SOL, and those which it previously recommended were added and have not been yet (65 in total). The rapid review is set to be followed by a more comprehensive analysis of the ISL which will take place later in 2024.

Its report recommends that 21 occupations be included on the ISL. This represents 8% of job roles eligible for the skilled worker immigration route. Previously, approximately 30% of job roles eligible for the skilled worker were on the SOL.

What changes are being implemented?

Below is a summary of changes in immigration rules related to the Government announcement (to be implemented from April 2024) includes:

Salary discount

The current 20% salary discount (previously known as the going rate) in shortage occupations is expected to end. The list will become the ‘Immigration Salary List’ instead of the ‘Shortage Occupation List’.

Skilled Worker route (except the health & care worker visa)

A new increase in the minimum salary required on the Skilled Worker visa from £26,200 to £38,700 from 4 April 2024
Migrant workers must be paid this unless their role is covered by the ISL, which allows employers to recruit migrant workers on a salary below the general threshold.
For occupations which are on the ISL, they will have a general salary threshold of £30,960 or their occupation- specific threshold, whichever is higher.

Health & Care Worker (H&CW) visa

An exemption recognising the public value and the government stated to “continue to bring the healthcare workers that our care sector and NHS need”.
The general threshold of £29,000 rather than £38,700, which continues to be the 25^th percentile of salaries uprated to the latest data.
For occupation on the ISL, a threshold of either £23,200 or their occupation-specific threshold, whichever is higher.

The MAC has recommended 21 occupations be placed on the ISL, including:

Clinical psychologists
Electrical engineers
Boat and ship builders and repairers
Pharmaceutical technicians

What recommendations have been made in the rapid review?

The rapid review also returns to previous recommendations including:

Concern about ongoing low pay for public sector and careworkers (and a ‘widening divide occurring because of the increasing salary demands placed on the private sector, whilst occupations that are publicly funded receive exemptions from these thresholds’)

The impact of the April Rules changed on use of the ‘new entrant’ threshold (which provides a 30% discount on the occupation- specific threshold and a 20% discount on the general salary threshold for applicants who are under 26 or otherwise meet the definition)

Asylum seekers granted the right to work should be allowed to work in any job or at least any job eligible for the Skilled Worker route, and

In relation to the Creative Worker route (removing the resident labour market test references and attaching a minimum salary threshold)

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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News and Insights

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Adequate Coverage

Exclusions and Limitations

Policy Extensions and Riders

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Contingency Plan

Seek professional advice

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What changes are being implemented?

Salary discount

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Health & Care Worker (H&CW) visa

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Have questions? Get in touch today!

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