Monday Morning Dispatch - 25 November 2024

Good afternoon, Everyone,

Welcome back to this week’s MMD!

On this week’s podcast Sam brings us some more changes in the Employment Rights Bill, and Nils takes a look at the new Data Bill. Daniel’s video discusses the launch for a consultation around proposed changes to statutory sick pay. In the news we take a look at business tenancies and the commercial leasehold market.

THE MMD PODCAST

Episode 46: The Magnificent Seven-th Take

In this episode, Sam discusses some more interesting changes which will be introduced in the new Employment Rights Bill, including the right not to be contacted out of hours. Elsewhere, Nils takes a look at the new Government's approach to data and the new Data Bill recently introduced to the House of Lords.

MMD Podcast - Episode 46 (Spotify)

MMD Podcast - Episode 46 (YouTube)

THE MEDIA HUB

SSP Reform - Consultation Launched

Government has launched a consultation around proposed changes to statutory sick pay, which would see the removal of waiting days and the threshold for becoming entitled to payments. The consultation seeks views on what proportion of earnings should be payable to low-paid workers moving forwards.

Watch the video here

IN THE NEWS

Business Tenancies: The Right to Renew

Do you operate your business from a property you lease? If so, now is your chance to get involved in what will undoubtedly have a big impact on the commercial leasehold market moving forward.

There are around 50 million businesses in the United Kingdom and the vast majority operate from a leased property. The current system stems from the Landlord and Tenant Act 1954 which gives tenants security of tenure, or in other words the right to renew the tenancy at the end of the term and remain in the property. In these circumstances, the landlord only has limited grounds to contest the renewal. This process is beneficial to commercial tenants as it provides stability and continuity for both the business and clients, tenants can undertake improvement works to the property and see the benefits, and the system provides great legal protection to stay in situ.

However, in modern practice, most landlords will impose that the right to renew should not apply to the lease and contract out of security of tenure. Therefore, leaving the tenant with minimum security or protection. The commercial world has changed dramatically from 1954 to the modern day, and it begs the question: is the current system for commercial leasehold renewals fit for purpose?

The Law Commission has established a consultation process to consider this position, aimed at assessing the current 1954 model of contracting out, proposing alternative options such as mandatory security of tenure and a contracting in process, as well which types of business should benefit from security of tenure. The first report was published on 19 November 2024 and the following models have been proposed:-

The associated costs of commercial leases is ever increasing and the ability to have security of where you operate from can only be beneficial to any business. The Law Commission is seeking the experiences and input of all types of businesses, as well as holding a series of events in-person and online. The consultation period runs for 3 months and will end on 19 February 2025. You can review the first report and provide your comments using the following link:-

If you have any queries on any of the issues highlighted above or in reference to commercial leaseholds in general, do not hesitate to contact our Andrew Dickinson on [email protected] or 0113 225 8830.

UPCOMING EVENTS

Our seminars and events have finished for 2024. Here is a round up from last week:

Mock Tribunal Event

• Our Mock Tribunal focused on the complexities of menopause in the workplace.
• The key findings were that the tribunal deemed menopause as a disability in this case, with the claimant successfully demonstrating discrimination under Section 15 of the Equality Act.
• However, the claim for reasonable adjustments was unsuccessful due to insufficient evidence and the claimant's failure to clearly articulate this in the ET1.
• The case underpinned the challenges of managing disability-related discrimination and highlighted the importance of clear workplace policies and procedures, aligning with the new Employment Rights Bill.

Employment Law Update

• We had the opportunity to present at a Wakefield Manufacturing Forum event, providing an Employment Law Update following the recent Labour government changes. Key topics included the new Employment Rights Bill, which addresses unfair dismissal rights and the introduction of a single worker status.?

Keep an eye on our website for the release of our 2025 Seminar Programme coming soon!

MENTAL HEALTH AWARENESS SESSIONS

Through our relationship with Tailored Learning Solutions who provide mental health first aid courses in our business, we are now able to announce that we are running multiple courses at our Wakefield office including the following:

• 23 and 24 April 2025
• 25 and 26 June 2025
• 24 and 25 September 2025

The details of these sessions can be found at the Tailored Learning Solutions website:

If you would like further information and details of the cost for these events, please email [email protected].

FIND US ON:

https://twitter.com/YorkshireLegal?

https://www.dhirubhai.net/company/chadwick-lawrence-llp

www.dhirubhai.net/company/employment-law-chadwick-lawrence-llp/

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