Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how...

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INSIGHT JULY 2020 Welcome to the July edition of Poole Alcock Insight Conveyancing - Time to make your move? Family – Divorce, Dissolution and Separation Act 2020 Wills and Probate - Powers of Attorney Employment - Furlough Foreword by Managing Partners David and Scott Getting to know Nichola Armstrong, Partner - Commercial Property This issue contains articles on: Plus: GET 10% OFF OUR SERVICES WHEN YOU QUOTE “INSIGHT10”

Transcript of Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how...

Page 1: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

I N S I G H T

J U L Y 2 0 2 0

Welcome to the July edition

of Poole Alcock Insight

Conveyancing - Time to make your move?

Family – Divorce, Dissolution and Separation

Act 2020

Wills and Probate - Powers of Attorney

Employment - Furlough

Foreword by Managing Partners David and Scott

Getting to know Nichola Armstrong,

Partner - Commercial Property

This issue contains articles on: Plus:

GET 10% OFF OUR SERVICES WHEN YOU QUOTE “INSIGHT10”

Page 2: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

During the lockdown period Poole Alcock has

not only maintained its service, it has grown,

and developed, and perhaps most importantly, it

has shown a resilience that is a testament to the

strength and quality of each and every person who

contributes to that ongoing success.

This success is not accidental, it is a result of the

considerable steps that we have implemented, embracing

the challenges of the present time to ensure that we

provide an unrivalled level of service in a safe and

welcoming environment to all of our clients.

We have made our offices safe through physical

interventions which include; the provision of safety

screens, hand sanitiser, an enhanced cleaning regime and

single use items for refreshments, all of which enables us

to continue to offer the level of service that our clients

should expect.

We protect our clients by offering well planned

appointments, either in person or virtually. Clients visiting

our offices can feel assured that their safety is paramount

to us, through a tailored service which includes pre-visit

health checks, a strict social distancing policy and the

provision of masks, gloves and any other PPE required.

H A V I N G S U C C E S S F U L LY

M A N A G E D A S I G N I F I C A N T LY

C H A L L E N G I N G P E R I O D W I T H

P R O F E S S I O N A L I S M A N D

D E T E R M I N A T I O N , W E A R E V E R Y

P L E A S E D T O H A V E R E - O P E N E D

O U R D O O R S T O O U R S T A F F A N D

C L I E N T S .

F O R E W O R D B Y D A V I D A N D S C O T T

DAV I D G AU T

M A N AG I N G PA RT N E R

S C OT T H A R D I N G

D E P U T Y M A N AG I N G

PA RT N E RWe offer greater flexibility to clients through the use of

advanced and robust IT systems that enable us to meet

their needs regardless of any restrictions, or indeed their

preference. This combination of interventions has already

seen the return of client confidence, evidenced through

an increased number of clients visiting our offices to sign

documents and attend meetings in person.

Importantly, we continue to protect and support our staff

to work successfully through the provision of excellent IT

services and increasing availability of safe, welcoming office

accommodation. We continue to recognise individual needs,

working together to make the best use of any available

support, be that through government initiatives or our own

Human Resources response.

Poole Alcock is proud of the part it plays within each

community that it works, and we are pleased to see the

buzz return to our towns both inside and outside of our own

business. Without question our lawyers and wider staff

team, will play an important role in continuing to rebuild

confidence and we will do so in a manner which is respectful

of, but not hindered by, the current situation relating to the

Covid-19 pandemic.

In this edition we have highlighted the work of a number of

our professionals, particularly focusing on new initiatives to

speed up property transactions, the importance of having

an LPA in place, advising in connection with the recent

changes in family law and the continued changes affecting

employment law and HR.

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Page 3: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

Cherry Riddlesdin is a Partner and the Head of the

Residential Conveyancing Department at Poole

Alcock. Cherry originally joined Poole Alcock in 2005

and qualified in 2007. After spending some time with

another prominent law firm, she returned to Poole

Alcock in 2014. She is focused on achieving each client’s

objective, and has a practical, proactive approach.

W R I T T E N B Y

C H E R R Y R I D D L E S D I N ,

P A R T N E R - H E A D O F R E S I D E N T I A L

C O N V E Y A N C I N G

S O , T H E L O C K D O W N I S L I F T E D ,

W E ’ R E F R E E T O G E T O U R H O U S E S

O N T H E M A R K E T , H A V E V I E W I N G S ,

L E T T H E S U R V E Y O R S I N A G A I N A N D

O R G A N I S E O U R R E M O V A L S .

But, the million pound question is – How do I make

sure my sale goes through smoothly and quickly?

Traditionally, a sale and purchase would take 6-8

weeks, give or take. However, over the last few years,

transactions have extended to a current national average

of 11 weeks or more. One source* estimates that 20% of

cases now take in excess of 17 weeks to complete.

At Poole Alcock, we’re not happy about this. So we have

been working hard to find a solution that gives you,

and your buyer, peace of mind and the opportunity to

complete your sale quickly. Potentially within a week of

your buyer receiving their mortgage offer. Now, that’s

fast.

I F Y O U A R E P L A N N I N G A M O V E , O R A

R E M O R T G A G E , P L E A S E G E T I N T O U C H W I T H

C H E R R Y

She and her team would be delighted to help you.

[email protected]

0800 389 7093

T I M E T O M A K E Y O U R M O V E ?

Page 4: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

We will do all this investigation even before you have

accepted an offer and clearly present all of the information

in one easy-to-read pack to the buyer’s solicitor. From

this, they will quickly be able to advise your buyer and

confirm to their mortgage lender that the property is good

‘security’ for the mortgage. This will save up to six weeks,

maybe more.

s’ sales and purchases throughout lockdown so that even

if our clients couldn’t physically move house, we have

been doing all we can to ensure that their sale or purchase

remains on track. Our focus has been on making sure

that we are ready from a legal perspective as soon as the

completion can practically take place.

W H A T I S T H E P O O L E A L C O C K

S E L L E R ’ S P A C K ?

Well, we’re glad you asked. You really can judge this

book by its cover. It is a pack that we create for the seller

before they’ve even accepted an offer on the property.

Maybe even before the estate agent has put the property

on the market. It will include all the information that a

buyer’s solicitor will need to get to exchange of contracts

quickly and without drama.

Normally, conveyancing is an investigative process; the

seller’s solicitor provides the buyer’s solicitor with a

bundle of paperwork, which the buyer’s solicitor must

sift through before gathering further information from

several different sources – such as the local authority,

utility companies or management companies. They then

‘raise enquiries’ to clarify anything revealed in the title

documents, Property Information Forms, or searches.

Poole Alcock want to turn this on its head.

We thought long and hard about what we

could name this solution. What would

give our idea the fanfare and pizzazz that

we feel it deserves? We came up with the

rather snappy:

“Poole Alcock Seller’s Pack”

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Page 5: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

H O W D O E S I T W O R K ?

Your Poole Alcock conveyancer will collate

all the required documents and carry out

a full review. They will anticipate any

queries which are likely to be raised by a

buyers’ solicitor, or any ‘sticking points’

in the legal title which may need to be

addressed.

If the title refers to any certificates which may

be required, your conveyancer will gather these

together for the pack.

Where there are any potential ‘sticking points’,

your conveyancer will explain those to you,

including what they might mean for your

buyer, and they will advise you on the potential

solutions. You can then tell us how you want

us to deal with those issues. Having this

conversation at this stage could cut weeks off

the eventual sale. We can present the solution to

the buyer’s solicitor at the outset.

You will have the option to include

searches in the Seller’s Pack.

Search results can take up to four weeks (longer

during busy periods). Therefore, including them

in the pack will automatically speed up your sale.

In addition, your conveyancer will have a chance

to review the results of the searches and deal

with any issues that the buyer’s solicitor might

raise.

For instance, gathering planning or building

regulations documents which are revealed

in the local authority search; making further

investigations where a mine shaft is identified

in close proximity to the property; gathering all

information about any septic tank that serves

the property.

The search pack that Poole Alcock uses can be

‘refreshed’ free of charge up to 12 months after

the original search – thereby giving us searches

that are effectively valid for up to 18 months.

The cost of searches is ordinarily borne by

the buyer, so we will include a clause in your

contract which will require the buyer to pay the

cost of the searches along with the purchase

price of the property when the sale completes.

This is a common feature of auction sales, and

the benefits of being able to address any issues

and speed up the process are felt to outweigh

the initial extra expenditure.

T H E P O O L E A L C O C K S E L L E R ’ S

P A C K W I L L I N C L U D E :

Copies of all the legal title documents for

the property

A completed Property Information Form

A completed Fittings and Contents Form

EPC

Replies to pre-contract enquiries

All searches (optional)

Page 6: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

H E R E T O H E L P

We estimate that the Poole Alcock Seller’s Pack will

reduce the time it takes to complete your sale by up

to six weeks, and significantly reduce the number of

‘gazunders’ or buyers pulling out.

T H E B E S T P A R T ? T H I S W O N ’ T C O S T

Y O U A P E N N Y M O R E .

As long as you instruct us before you have started receiving

offers on your property, we will include your Poole Alcock

Seller’s Pack in our standard legal fees.

Providing a full pack to include all

documentation that the buyer’s solicitor

will need for the entire transaction, which

will drastically reduce the amount of time it

takes to complete your sale.

The quicker a sale completes, the less

chance there is of a buyer changing their

mind, getting cold feet or attempting to

renegotiate, also known as ‘gazunder’.

Any potential issues can be identified and

resolved at the earliest opportunity. By

presenting your buyer with solutions,

we ensure that the whole process is less

stressful. Cautious buyers are likely to feel

reassured, and much less likely to pull out

of the transaction.

In addition, there won’t be any nasty

surprises for you. If the Local Authority

have registered an enforcement notice

against your property – we will already

have seen this, and most importantly,

resolved it.

To give yourself the best possible chance

of getting your sale completed quickly and

without a hitch, please contact us as soon as

you have decided to put your house on the

market – we will be delighted to get moving for

you!

To get your home ‘sale ready’, call us now on

0800 389 7093.

*TheAdvisory’s ‘Time to sell’ benchmark study 2019

1

2

3

B E N E F I T S O F T H E P O O L E

A L C O C K S E L L E R ’ S PA C K

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Page 7: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

“After trying to sell my house in such uncertain times

Chloe Heath and her team, pushed my house sale

through when the buyer’s solicitors tried to stall the

sale. Very happy with the service” - Chad

“House move during Covid and they were brilliant,

worked from home but still excellent service. Chloe

Heath and the team kept me well informed. Thank you”

- Kerry

“They were brilliant from start to finish especially

under the very unusual circumstances with the

coronavirus.” - Joanne

“I was very satisfied with how all work has carried on

under difficult circumstances. I was happy how quick

the house purchase went through and how quickly I

was informed of all progress.” - Martin

“They handled 2 conveyancing cases and both times they

were communicating well, fast acting and clear in their

answers. They have been patient with me as I tend to be

exacting and critical. I will definitely use them again and

would heartily recommend them.” - Tiziana

“Very happy with the service. At no point did we feel

stressed, constant communication and overall have

no complaints. Victoria M was our contact and was

amazing. Replied to all our questions very promptly and

received regular communication.” - Cameron

L O C K D O W N T E S T I M O N I A L S

Page 8: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

I’m so pleased to be able to share with you this month

that the long awaited changes to the way that couples end

their marriage or civil partnership have passed through

Parliament.

On the 25th June the Divorce, Dissolution and Separation

Bill received Royal Assent and was formally enacted.

This means that we now have certainty that reforms to

our divorce/dissolution laws will happen. Unfortunately,

at this stage, it seems likely that the changes will not be

implemented until autumn 2021 or possibly the following

spring.

If you are contemplating separation, or you have separated

and not yet started proceedings, it is a good idea to get in

touch so we can discuss with you how these changes may

impact upon your individual circumstances.

T H E C U R R E N T P R O C E S S

Currently, the only ground for a divorce or dissolution is

that the relationship has irretrievably broken down. To

prove the irretrievable breakdown, the person who starts

the divorce must prove one of five ‘facts’. Three of these

‘facts’ are based upon the parties having been separated

for two years or more by reason of; desertion, two years’

separation and both consent to the divorce or five years’

separation.

Relying upon a period of separation allows the divorce

or dissolution to proceed without either party needing

to raise the reason why the relationship broke down and

helps to avoid enflaming the situation. However, it can

mean that parties feel as though they are in trapped in

limbo, unable to progress matters and unable to move on

with their lives.

D I V O R C E , D I S S O L U T I O N & S E P A R A T I O N A C T 2 0 2 0

H O W T H E C H A N G E S M A Y I M P A C T Y O U

W R I T T E N B Y

H E L E N S T O L L E R ,

P A R T N E R - D I V O R C E & F A M I LY

L A W T E A M

If you need help to progress your case, to commence

a new application, or to discuss any issues you are

experiencing- do get in touch with me.

[email protected]

0800 389 7093

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Page 9: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

The other two ‘facts’ available are adultery and

unreasonable behaviour, however, adultery is not an

available ‘fact’ for civil partners. To rely upon adultery

the respondent must be prepared to admit that they have

committed adultery. In the absence of an admission, it

is almost impossible to prove that the respondent has

committed the physical act of sexual intercourse with

a person of the opposite sex. This leads the majority of

separating couples with no other option but to raise the

other person’s unreasonable behaviour as the reason for

the breakdown of the marriage or partnership.

To use the ‘fact’ of unreasonable behaviour the petitioner

must blame the respondent’s behaviour for the breakdown

of the marriage/partnership. This can lead to increased

hostility and animosity arising from the information citied

and this can often impact other proceedings relating to the

children and the division of the financial assets.

For some time family law practitioners have been calling

for a change in the law to remove the necessity for one

party to be at ‘fault’ and to allow the parties to deal with

the separation in the most amicable way possible. The

change in the law acknowledges that one party is often not

to blame and sometimes people just grow apart and don’t

love each other anymore, and should be allowed to separate

without the need to construct suitable ‘unreasonable

behaviour’ reasons or wait at least two years before

commencing proceedings.

Currently, if the respondent does not agree to the

divorce/dissolution they can file an ‘answer’ to the

petition confirming that they wish to defend the petition

and stating that effectively the marriage is not at an

end. This can result in costly and time-consuming

proceedings, and often the chances of success are low.

In the case of Mrs Tini Owens, which helped renew calls

for a change in the law, the wife’s divorce petition was

successfully defended by the husband on the basis that

the unreasonable behaviour citied by the wife was not

sufficient to demonstrate that the husband had behaved

in such a way that the petitioner could not reasonably be

expected to live with him.

As a result, Mrs Owens found herself trapped in a

loveless marriage and forced to wait until five years had

passed since the date of separation to enable her to re-

commence divorce proceedings.

Where a divorce/dissolution is not defended, the

current process is for the respondent to complete an

Acknowledgement of Service form and return this to the

court. The petitioner will then be able to apply for the

first decree- Decree Nisi. Not sooner than six weeks and

one day later the petitioner may apply for the Decree

Nisi to be made Absolute and will obtain the final decree-

Decree Absolute.

Page 10: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

Finally, after multiple false starts and delays and

despite Parliament’s time being consumed with

Coronavirus issues, change is now in sight.

Under the new law, the single ground of irretrievable

breakdown is retained. Either party, or both, can apply

for a divorce order or dissolution order to dissolve the

marriage or partnership, by making an application to court

with an accompanying statement confirming the marriage/

partnership has broken down irretrievably.

The court must take the statement to be conclusive

evidence that the marriage has broken down and must

make the divorce or dissolution order. Gone are the

five ‘facts’ which are currently used to try to ‘prove’ the

breakdown.

The process will still be in two-stages, with a conditional

order being made at the first stage. The applicant or

applicants must confirm that they do wish the application

to continue not earlier than 20 weeks from the date of the

start of proceedings. This allows the applicants a period of

reflection before a conditional order is made.

The second and final stage is the final order. This cannot

be applied for until at least six weeks after the date of

the conditional order and therefore the minimum time

for a divorce or dissolution to conclude will be in the

region of six months. Although there is provision for

the Lord Chancellor to adjust the time periods for the

two stages, the overall time period must not exceed 26

weeks. In reality, this is likely to be longer in most cases as

applicants hold back from applying for a final order whilst

the financial arrangements are being negotiated.

In the case of an application for judicial separation, the

applicant or applicants will similarly apply to the court

with a statement confirming they wish to be judicially

separated and the court must make a judicial separation

order.

A major change is that the respondent will no longer be

able to ‘defend’ the proceedings. This change recognises

that if one party believes that the marriage or partnership

is over- then it is unlikely to be salvaged by forcing the

parties to remain in a marriage or partnership until five

years have passed since their separation.

The new law will bring about a raft of changes including a

change to some of the more archaic terms such as Decree

Nisi and Petitioner. Instead, as part of the drive to make

the whole process easier for non-lawyers to understand

and navigate their way through, the Latin terms are gone

and replaced with far more user-friendly terminology.

T H E N E W P R O C E S S

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Divorce Petition

Decree Absolute

Petitioner

Decree of Nullity

Grant of a Decree

Decree Nisi

Decree of Judicial

Separation

Application for a

Divorce Order

Applicant

Conditional Order

Final Order

Nullity of Marriage

Order

Judicial Separation

Order

Making an Order

Filing a ResponseFiling an Answer

N E W T E R M S

Page 11: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

W H A T D O E S T H I S M E A N F O R

S E P A R A T I N G C O U P L E S N O W ?

This falls in line with more recent laws in relation

to civil partnerships, where the parties are

referred to as applicant and respondent already

and the application is for a dissolution order.

The terms conditional order and final order are

also already used to reflect the two stages of the

dissolution process.

There is no doubt that there will need to be a lot more

work required in the background before the law can be

implemented and so I would not expect the new process to

be available much before the end of 2021.

In reality, this means that if you want to start proceedings

now and you can rely upon one of the five ‘facts’ then there

is little benefit in waiting for the change in the law.

If you are intending to use unreasonable behaviour as the

reason for the breakdown, there are ways to minimise

any conflict arising from the reasons cited. I would

suggest that the statement of case is drafted as neutrally

as possible, whilst also doing enough to prove to the

court that the there is an irretrievable breakdown. The

respondent should have an opportunity to consider the

reasons and take their own legal advice and make suggested

amendments, if any of the wording proves to be contentious.

If you are already separated and you are waiting until two

years have passed, you should keep an eye on when the new

law is implemented, as it may mean you can start proceedings

sooner than anticipated.

We don’t have any information on whether the court fee

(currently £550) will be changed as yet and I would expect

that there will be a continued push towards an entirely

online divorce/dissolution process. This has already proved

extremely successful in helping non-lawyers to commence

proceedings and has reduced the rejection rate due to

incorrectly completed forms hugely.

Watch this space for further updates and do get in touch if

you would like to have a chat about the upcoming changes.

Page 12: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

W R I T T E N B Y

C L A I R E E L L I S ,

P A R T N E R - W I L L S & P R O B A T E

If you are thinking about making a Will, putting

in place a Lasting Power of Attorney, or are in the

heartbreaking position of having lost someone and

need some help, please get in touch.

[email protected]

0800 389 7093

P O W E R S O F

A T T O R N E Y

There has been a theme to my articles and that is because

there is a theme to my work. To help you protect those

you hold most dear and to make life as easy as possible for

them during times of strife. I’ve talked about helping your

family when you are gone in my May and June editions

now it’s time to talk about helping your family whilst you

are still here.

Events, as we have found out recently in the most extreme

way possible, are often out of our control. We never know

what is around the corner (although this is sometimes for the

best, I feel otherwise we wouldn’t want to get out of bed) but

we all want to make sure we do the best we can to prepare for

whatever is to come. Losing control is something we all, as

human beings, struggle with.

It is not just national or even international events such as

what we are living through now that make you take stock, it’s

those events that affect you and your family on a much more

individual level.

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Page 13: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

My dad had a brain hemorrhage 15 years ago; I was 22

years old and just literally starting out at Poole Alcock

after having finished my degree and legal practice course

to become a solicitor. It changed his life, my mum’s life and

my life forever. At the time I didn’t appreciate the value of

a Power of Attorney, it was just something I had read about

in my studies. Had I known I would have made sure my mum

and dad had one in place. As luck would have it my dad

recovered in most respects although not all and he was able

to carry on managing his own affairs with some help from

me and mum.

Due to my time working at Poole Alcock, I appreciated the

value and support a Power of Attorney could provide and

am pleased to say, had one in place. I can tell you now from

personal experience they are a god send.

Most people have heard of a Power of Attorney, officially

known as a Lasting Power of Attorney (or LPA), but not

everyone knows what it means or what it can do to help.

An LPA is basically a legal document that allows you to

choose who can speak for you if you find yourself in a

position where you can’t make decisions on your own or

can’t communicate your decision. It’s not about people

swooping in and taking over as some people fear, it’s

about making sure those you trust most can act on your

behalf if you can’t do it yourself. The person or people

you appoint must act in your best interests and make

decisions as if they were you.

As long as you have the capacity to know what you are

doing, you get to choose who steps into your shoes when

you can’t manage anymore.

Here in England and Wales we have two types of LPA. You

can make one of them or both of them.

F I N A N C I A L D E C I S I O N S

There is an LPA for financial decisions. This includes

decisions about small things like paying bills or big things

like selling your home, if the need arose. It can be used

when you are still able to make your own decisions in cases

where you physically can’t get out and about or don’t want

to, such as on a snowy day. Or you can set it up so it can

only be used once you become unable to make decisions for

yourself. It can cover anything and everything to do with

your financial or property affairs and allows your family to

ensure that you receive the best care possible and for them

to protect your hard-earned money.

H E A L T H A N D W E L F A R E D E C I S I O N S

There is also an LPA for health and welfare decisions.

This includes decisions surrounding giving consent for

Page 14: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

treatment, care and where you receive it, whether it be at

home or in a care home. It covers medication and where

you live. The LPA for health and care decisions can only be

used if you become unable to make decisions for yourself.

Both LPAs allow you to maintain control, something that

is so important when you feel like you are losing it, even

if it’s just the comfort of knowing that you have chosen

who speaks for you. They are an insurance policy that you

hope never to have to use but if you do, they are worth

their weight in gold

If you lack capacity to make decisions and don’t have an

LPA in place then it may be necessary for an application

to be made to the Court of Protection for an order

appointing another person to make decisions on your

behalf, which is both costly and time consuming, and you

don’t get to choose who this is. Having an LPA in place can

instead provide ease and reassurance for you and your

loved ones.

Knowing I can protect my mum and dad means the world.

It makes what is such a challenging life now a bit easier,

it’s one less hurdle to jump and one less battle to fight

when life throws you a challenge to overcome.

H E R E T O H E L P

As my personal situation highlights, it’s never too

early to protect yourself or your loved ones from

the uncertainty of the future. If you would like to

have a chat about how an LPA could benefit you or

someone you love, please don’t hesitate to contact

me or my team at [email protected] or

0800 389 7093 and we’ll be happy to help.

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Page 15: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

From 1 July, it will be possible to allow employees to

work on a part time/ part furlough basis. For example, an

employee could work Monday to Wednesday but then be

furloughed Thursday and Friday, or an employee could

work Monday to Friday morning and be furloughed each

afternoon. Employees will be entitled to their normal pay

under their contract of employment for any time spent

working, and employers will still be able to claim under the

CJRS for any time spent on Furlough (subject to the usual

caps).

The rules about what an employee is (and is not) permitted

to do during any days they are furloughed remain the same

– i.e. they are still not allowed to generate revenue for the

employer nor carry out any tasks that would amount to

‘providing a service’. Employers should be aware that HMRC

may withhold or seek repayment in relation to a claim that

is found to be based on dishonest or inaccurate information

or found to be fraudulent.

Any sort of working pattern is permitted under the scheme

but if an employer wishes to agree a flexible furlough

arrangement with an employee, it must enter into a new

furlough agreement with said employee. It is important to

be as precise as possible when setting out an employee’s

new working pattern. Where the employer wishes to retain

flexibility, the new agreement could stipulate that the

employer must notify the employee of the hours they will be

expected to work in advance of each working period.

E M P L O Y M E N T

I N S I G H T - F U R L O U G H

W R I T T E N B Y

J A M I E R I S E L E Y ,

E M P L O Y M E N T S O L I C I T O R

I’m an Employment Law Solicitor at Poole Alcock

LLP. My role involves advising businesses and

private individuals about all aspects of HR and

employment law

[email protected]

0800 389 7093

Since its inception we’ve seen various updates – almost on

a weekly basis - to the Coronavirus Job Retention Scheme

(CJRS). Although the scheme has been extended to the

end of October 2020, with the introduction of a flexible

furlough arrangement from July onwards, things are set to

be very different.

Employers will now only be able to claim in respect of

employees who have been furloughed for a minimum

period of three weeks before 30 June (except for those

parents on statutory maternity and paternity leave who

return to work in the coming months who may still be

furloughed – providing the employer has used the scheme

for other employees).

Page 16: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

Government guidance specifies that arrangements

involving contractual changes need to be agreed and

confirmed in writing in order for an employer to claim

furlough pay in respect of an employee’s furloughed hours.

If you would like assistance with drafting a flexible furlough

agreement then please do get in touch.

In terms of the scheme coming to an end, we’ve seen

that the government is seeking to gradually reduce the

level of support for employers. Very briefly, this will be in

accordance with the following:

From 1 August 2020, employers will be required

to pay employer national insurance contributions

(NICs) and employer pension contributions for

furloughed employees.

From 1 September 2020, employers will be

required to pay 10% of employees’ 80% furlough

pay. Recoverable furlough pay will be capped at

£2,187.50.

From 1 October 2020, employers will be required

to pay 20% of employees’ 80% furlough pay.

Recoverable furlough pay will be capped at £1,875.

The rules for the flexible furlough scheme can be very

complex so, as an employer, it is worth spending some

time to plan staff working arrangements and ensuring you

understand how to claim. If you need assistance with this then

please do not hesitate to contact me.

Sadly though, for many employers the government support

will just not be enough. Inevitably, as the government’s job

retention scheme is drawn to a close there will be many

businesses whose trading position will be severely impacted.

It may also be that employers have established more efficient

ways of working and that it finds itself needing to carry out a

restructure to maintain profitability. Some may be able to hold

off until the end of October by using the job retention scheme;

but for others, the compulsory contributions and complexity

1

of the flexible furlough scheme may just tip them over the edge.

Cost cutting (and redundancies) may be inevitable for some.

Unfortunately, this will be just one of the consequences that

many employers will need to face as a result of the COVID-19

pandemic.

A redundancy process can be very stressful and time consuming

for an employer – at Poole Alcock we understand this. We

have developed a redundancy package that will give employers

certainty in the process and minimise the risk of a claim being

brought. Given the current climate, we recognise that budgets

will be stretched and so we are able to offer competitive fixed

fees to help guide your business through the process. We also

offer an affordable monthly retainer for your business where

we can effectively act as your in-house HR department – which

will be one less plate for you to keep spinning!

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2

3

H E R E T O H E L P

If there is anything I can assist with or if you would like to

know more about how we can help you and your business,

please do not hesitate to get in touch on 0800 389 7093

or [email protected].

GET 10% OFF OUR SERVICES WHEN YOU QUOTE “EMPLOYMENT10”

Page 17: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

G E T T I N G T O K N O W Y O UM E E T N I C H O L A A R M S T R O N G ,

P A R T N E R - C O M M E R C I A L

P R O P E R T Y A T P O O L E A L C O C K

W H Y L A W ? W H A T P U S H E D Y O U T O W A R D S A L E G A L C A R E E R ?

W H A T D I D Y O U D O B E F O R E W O R K I N G F O R P O O L E A L C O C K ?

W H Y P O O L E A L C O C K - W H A T D O E S W O R K I N G F O R P O O L E A L C O C K

M E A N T O Y O U ?

H O W I S T H E F I R M D I F F E R E N T T O W H E N Y O U J O I N E D ?

Goodness, that was a while ago. I think I was attracted to the idea of wearing a wig and gown, which I have

never actually done in court! But I suppose it was an early realisation of just how powerful words can be and

wanting to learn how to use them wisely.

I was a partner in a couple of large London law firms then I decided to go and live on a beach in Durban South

Africa for a while and consult.

It means an awful lot because I left the beach in South Africa! It is just a great place to work. A lot of very

talented, dedicated people who care about each other and want Poole Alcock to succeed.

In the five years I have been at Poole Alcock I have seen tremendous change. The commercial departments,

property, employment and corporate have grown significantly and are getting a lot of positive recognition,

which of course I am delighted about. The firm has invested in new technology which I think has stood it in

good stead in these difficult times. It’s bigger and better.

Page 18: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

W H A T H A S B E E N T H E H I G H L I G H T O F Y O U R C A R E E R T O D A T E ?

T E L L U S A B O U T A N I N T E R E S T I N G C A S E Y O U H A V E D E A L T W I T H

W H A T K E E P S Y O U P A S S I O N A T E A B O U T Y O U R W O R K ?

W H A T A D V I C E W O U L D Y O U G I V E T O A Y O U N G E R Y O U A B O U T T O

E M B A R K O N T H E I R L E G A L J O U R N E Y ?

There have been a lot and some have involved very large deals, but to see young lawyers, who I have worked

with, develop into great lawyers is something that pleases me the most.

I find it all interesting, but my favourite kind of transaction is one where I get to do it all! So from site acquisition

through planning to the construction documentation, then funding, building, and finally sale or letting of the

finished development.

Seeing what I have helped to build and seeing it in use. That is why I became a commercial property lawyer.

That it is a journey, don’t try to rush it. There will be up and downs you will not be able to control but keep

believing in yourself and keep learning.

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Page 19: Welcome to the July edition of Poole Alcock Insight€¦ · the house purchase went through and how quickly I was informed of all progress.” - Martin “They handled 2 conveyancing

C O M M I T T E D T O E X C E L L E N C E F O R O V E R 1 2 5 Y E A R S

C A L L U S

0 8 0 0 3 8 9 7 0 9 3

V I S I T U S O N L I N E

p o o l e a l c o c k . c o . u k

O U R O F F I C E S

A l s a g e r | C o n g l e t o n | C r e w e | N a n t w i c h - H i g h S t r e e t

N a n t w i c h - T h e D o w e r y | S a n d b a c h | W i l m s l o w

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C O M M I T T E D T O E X C E L L E N C E F O R O V E R 1 2 5 Y E A R S

CALL US

0800 389 7093

VISIT US ONLINE

poolealcock.co.uk

OUR OFFICES

Alsager | Congleton | Crewe | Nantwich - High Street

Nantwich - The Dowery | Sandbach | Wilmslow

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