A 10-Point Guide to Prenuptial Agreements

Posted on: September 23rd, 2025 by Alanah Lenten

The idea of getting a prenuptial agreement or ‘prenup’ can be daunting. However we are here to help guide you through the process. 

  1. Understand what a prenup is — and what it is not: a planning tool, not a substitute for fairness or trust; reduces uncertainty

Example:

Clara and David’s prenup defined shared and separate assets.

  1. Timing matters: Begin discussions months in advance; Sign at least 28 days before the wedding

Example:

Sophie and Liam started six months before their wedding.

  1. Financial disclosure: Bank accounts, property, business interests, debts; transparency is essential

Example:

James failed to disclose a business; the prenup was challenged.

  1. Independent legal advice: ensures understanding, fairness, and enforceability

Example:

Anna and Robert had separate solicitors, ensuring confidence.

  1. Fairness is key: Courts consider both financial and non-financial contributions; fairness may not mean equality

Example:

Emma and James had different contributions; prenup reflected both fairly.

  1. Cover the right issues: Property, inheritance, pensions, debts, maintenance; include flexibility for life changes
  1. Plan for change: Review after major life events (children, career, inheritance)

Example:

Emma and James updated their prenup after having twins.

  1. Consider international implications: cross-border assets and legal recognition

Example:

Clara clarified governing law between UK and France.

  1. Think about the emotional side: frame as a planning tool; involve neutral advisers
  1. Choose the right support: specialist solicitors provide tailored, robust agreements

Conclusion

A prenup reduces conflict, recognises contributions, protects assets, and strengthens communication.

Prenups & Emotions: What Couples Should Know

Posted on: September 23rd, 2025 by Alanah Lenten

While prenups are legal documents, their emotional impact is often positive, providing reassurance, clarity, and mutual respect.

Initial Reactions: Anxiety and Misconceptions

Common worries include: “Does my partner think I’m untrustworthy?”, “Am I being selfish?”, “Are we admitting failure?”

Reality: Prenups are about clarity and planning, not mistrust.

 

Turning a Difficult Conversation into a Positive One

Benefits of having a prenup include strengthened communication, increased trust and a reduced potential for future conflict.

Example:

Anna and James initially dreaded discussing a prenup, but it revealed shared values and strengthened their relationship.

 

Reducing Anxiety and Providing Security

Prenups provide reassurance whereby the wealthier partner knows assets are protected and the less wealthy partner knows needs are met

Example:

Liam paused his career for childcare. The prenup protected his financial security and reduced anxiety for both.

 

Protecting Blended Families

Prenups clarify inheritance and property rights, reducing disputes between children and new partners.

Example:

Maria’s prenup ensured her new spouse and children from a previous marriage were both protected.

 

Family Dynamics and Emotional Relief

Clear agreements reassure families, reducing stress and external pressure.

 

Overcoming the “Unromantic” Label

Prenups can be seen as confidence-building and empowering

 

Conflict Prevention: Emotional Safety Net

Prenups provide clear expectations, reducing stress if separation occurs.

Example:

John and Emma’s prenup reduced conflict and emotional strain during their separation.

 

Independent Legal Advice and Emotional Assurance

Separate legal advice ensures understanding, fairness, and emotional security.

 

Real-Life Experiences

Couples report stronger communication, a recognition of contributions and reduced levels of anxiety and disputes

 

Conclusion

Handled thoughtfully, prenups strengthen relationships, provide clarity, and ensure fairness.

Love, Law, and Prenups: What People Really Think

Posted on: September 23rd, 2025 by Alanah Lenten

Prenuptial agreements have long been a topic of debate and misconception. For many years, they were viewed as rare, elitist, or even unromantic, often associated with wealth or distrust. However, societal attitudes have evolved, and prenups are increasingly recognised as practical, responsible, and even empowering tools for couples planning a future together.

Historically in England and Wales, prenups were largely ignored by the courts. Marriage was viewed as a lifelong commitment, and attempts to predetermine financial outcomes were often considered invalid. This changed with the landmark case of Radmacher v Granatino in 2010, when the Supreme Court confirmed that a fair prenuptial agreement should be given decisive weight unless it would be unjust to enforce it. This legal recognition has encouraged couples to consider prenups as a standard part of relationship planning, rather than something only for the wealthy or high-profile.

Despite legal acceptance, social misconceptions remain. Some people worry that discussing a prenup suggests a lack of trust, while others see them as unromantic or unnecessary. Media portrayals of celebrity divorces often reinforce these ideas, presenting prenups either as a source of conflict or as tools used solely to protect wealth. In reality, prenups are about clarity, fairness, and planning — they protect both parties and provide a roadmap that can prevent disputes in the future.

Attitudes towards prenups also vary across generations and cultures. Younger couples, particularly those marrying later in life or with established careers and assets, are often more open to the idea. They recognise that prenups can acknowledge non-financial contributions such as childcare, homemaking, or career sacrifices. Blended families, too, find prenups valuable in balancing the needs of children from previous relationships with the interests of a new partner. Culturally, some families or communities still consider financial discussions taboo before marriage, while others view careful planning as responsible and necessary.

International relationships introduce further considerations. Couples with assets, property, or family ties in multiple countries must navigate differing laws and potential conflicts between jurisdictions. Prenups can provide clarity, protect interests, and ensure agreements are recognised abroad, making them an essential tool for cross-border couples.

Beyond legal and practical considerations, prenups have positive emotional impacts. Far from undermining love or commitment, they often strengthen relationships. Open discussions about finances and expectations foster trust, mutual respect, and shared responsibility. Couples frequently report that the process of creating a prenup improves communication, reduces anxiety about future uncertainties, and reassures both partners that contributions — whether financial or otherwise — are recognised and valued.

Despite these benefits, some couples still experience resistance. Conversations about prenups can feel uncomfortable or even pessimistic, and cultural or familial expectations may create additional pressure. The key is framing the prenup as a positive planning tool rather than a prediction of failure. Involving neutral, experienced legal advisers can guide couples through the process calmly, ensuring fairness while reducing emotional tension.

In recent years, prenups have become increasingly standard in legal and financial advice. Many financial planners now recommend them to clients with assets or complex family situations. Younger generations see prenups as part of relationship literacy, akin to budgeting or financial planning, rather than a sign of distrust or pessimism.

Looking ahead, attitudes toward prenups are likely to continue evolving. They are becoming a normalised part of relationship planning, particularly among professionals, blended families, and international couples. No longer are they perceived as a symbol of mistrust; they are recognised as practical, fair, and empowering tools that promote communication, clarity, and security.

In today’s context, the real question is no longer “Why would we have a prenup?” but rather “Why wouldn’t we?” When approached thoughtfully, a prenuptial agreement strengthens relationships, protects both parties, and provides peace of mind, making it an essential consideration for couples planning a shared future.

Why Should I Get a Prenup?

Posted on: September 23rd, 2025 by Alanah Lenten
Why should I get a Prenup? 

A prenuptial agreement allows couples to agree in advance how assets, property, and other financial matters will be handled if the relationship ends. While some attitudes towards prenups see them as unromantic or pessimistic, their real purpose is to provide clarity, fairness, and peace of mind. We explore why you would get a Prenup and when it is prudent to get one. 

A prenuptial agreement, far from being a sign of mistrust, can actually foster deeper trust between partners. By laying all assets, debts, and financial expectations openly on the table, both individuals gain a clear, honest understanding of each other’s circumstances. This transparency helps couples reach a unified position, making it easier to plan for the future together. Just as you wouldn’t buy a home without house insurance, a well-written prenup provides a framework that protects both parties, ensuring that everyone’s interests are respected. In this way, a prenup isn’t about expecting the worst, but about building a foundation of openness and mutual respect from the very beginning. 

In a marriage and civil partnership there are practical considerations that can affect the long-term health of a relationship — financial security being one of the most important.  Many, if not most people marry without any clear idea of what this means if the relationship comes to an end.

It often comes as a surprise when the nature and value of financial claims are explained, but by that time, there is little that can be done to mitigate these claims. 

Added to this is the notorious uncertainty involved in the current law, which is discretionary and depends on a Judge’s interpretation of the case. Very different outcomes can follow from what may appear to be similar facts.

Do I need a Prenup? 

These are the scenarios where it would be prudent to consider a Prenup. 

Protecting Pre-Owned Assets

Many people enter marriage or civil partnership with assets they have accumulated individually, such as:

  • A house or apartment
  • Savings or investments
  • Valuable personal property
  • Retirement funds

Example:

Emma owned a home outright before marrying James. The prenup ensured she retained her original home while fairly sharing jointly acquired assets.

 
Safeguarding Family Wealth and Inheritance

Prenups can specify:

  • Which inherited assets remain separate property
  • How future gifts or inheritances will be treated
  • Protection for trusts or family business interests

Example:

Robert inherited family business shares. The prenup kept the shares his personal property while allowing fair provision for his spouse.

 
Protecting Business Interests

Business ownership adds complexity. A prenup can prevent forced sale, clarify profit sharing, and protect employees or stakeholders.

Example:

Sophie owns a marketing firm. A prenup ensured she retained control while acknowledging her spouse’s financial or domestic contributions.

 

Managing International Circumstances

Prenups can address cross-border issues:

  • Legal jurisdiction
  • Recognition of assets overseas
  • Dispute resolution

Example:

Clara, a British citizen living in Germany, clarified which country’s laws would govern her prenup.

 

Career Sacrifices and Non-Financial Contributions

Prenups can recognise contributions such as childcare or homemaking.

Example:

Liam paused his career to care for children. The prenup secured his financial rights and acknowledged his contributions.

 

Mitigating Conflict and Providing Certainty

Prenups reduce future disputes by creating clear expectations for both partners.

Debunking Common Myths
  • Only for the wealthy: False – any couple with assets, debts, or family obligations can benefit
  • Unromantic: False – prenups are acts of care and foresight
  • Courts ignore them: False – Radmacher v Granatino confirmed courts give weight to fair prenups
  • Predicting divorce: False – they are about planning responsibly

 

The Process of Creating a Prenup
  1. Initial discussion
  2. Financial disclosure
  3. Independent legal advice
  4. Drafting the agreement
  5. Review and sign

Tip: Early preparation reduces pressure and emotional tension.

Conclusion

A prenup ensures fairness, protects assets, and reduces conflict. Couples often find it strengthens trust and communication.

SDLT and Angela Rayner: Why Expert Legal Guidance Is Essential

Posted on: September 4th, 2025 by Alanah Lenten

Angela Rayner, the UK’s Deputy Prime Minister, has felt compelled to resign from her positions after admitting she underpaid Stamp Duty Land Tax (SDLT) on the purchase of a flat in Hove. In addition to leaving her positions, she also faces the prospect of a large tax bill, possible penalties, and significant reputational damage. The issue is said to have stemmed from relying on the wrong advice at the wrong time.

It’s an uncomfortable position for anyone—let alone a senior politician. But it serves as a timely reminder: the quality of advice you receive can shape the outcome, financially and personally.

Why the Angela Rayner SDLT Case Matters

Rayner’s position wasn’t straightforward. A divorce, a trust for her disabled son, and a court order all added layers of legal complexity. Added to that were the intricacies of SDLT and second-home surcharges. What might have seemed a simple property purchase quickly became a tangle of family law, tax, and trust issues.

This highlights a crucial lesson for anyone navigating property transactions or financial planning: joined-up legal advice is essential.  

The Importance of Joined-Up Legal Advice

A case like this demands a cross-disciplinary approach.

  • Family law specialists need to understand arrangements such as “nesting” (where children remain in the home and parents rotate in and out).
  • Private client and trust lawyers must consider how assets are held and managed.
  • Tax experts ensure SDLT and wider liabilities are dealt with correctly.

Missing any one of these angles can result in mistakes that are costly, stressful and time-consuming to fix.

Lessons for Clients Facing Complex Property Transactions

Rayner’s experience highlights the very real cost and risks of misplaced advice, not taking advice from experts in their field and the absence of joined-up guidance across relevant areas. Not taking the right advice at the appropriate time can mean years of stress, avoidable penalties, and lasting reputational damage.

For individuals and families navigating property purchases, divorce, trusts or tax planning, choosing the right advisors, with the right expertise, at the right time, makes all the difference.

How Lawrence Stephens Can Help with SDLT and Beyond

At Lawrence Stephens, we know that complex personal and financial situations demand a coordinated response. Our Family Law, Private Client and Trusts, Property and Tax teams work seamlessly together to provide advice that is practical, protective, and precise. Whether you are navigating divorce, planning your estate, managing wealth, or considering property transactions, our specialists ensure every angle is covered—so you don’t face the kind of pitfalls currently dominating the headlines.

Learn more about Stamp Duty Land Tax and how professional guidance can prevent mistakes by getting in touch with any of the below people.

 

Taylor Swift’s Engagement and Why Pre-nups Matter: From Love Story to Legal Story

Posted on: September 4th, 2025 by Alanah Lenten

Taylor Swift’s engagement has captured headlines around the world. As one of the world’s most successful artists, with a fortune estimated in the billions, it is almost certain that her lawyers will already be advising her on a prenuptial agreement before her marriage to Travis Kelce. But pre-nups are not just for celebrities or the ultra-wealthy. Increasingly, couples in England and Wales are considering a pre-nup before marriage to provide clarity, fairness, and peace of mind when planning their future together.

What is a Prenuptial Agreement?

A prenuptial agreement (often called a “pre-nup”) is a legal contract entered into before a marriage or civil partnership which sets out how assets will be dealt with if the relationship ends.

In England and Wales, pre-nups are not automatically binding. However, since the Supreme Court decision in Radmacher v Granatino [2010], the courts will usually uphold them provided:

  • Both parties entered into the agreement freely.
  • There was full financial disclosure.
  • Each party had independent legal advice.
  • The agreement is fair and does not leave one party in financial hardship.

When those safeguards are met, a pre-nup can be highly persuasive in financial proceedings.

Why Couples Choose a Pre-nup

Whether you’re planning a star-studded wedding like Taylor Swift or a smaller ceremony a Pre-nup can serve several important purposes:

  • Protecting pre-acquired assets – for example, a house one partner already owns and/or business interests.
  • Safeguarding family wealth – such as gifts from parents, inheritances, or stakes in a family business.
  • Providing for children from a previous relationship – ensuring assets are preserved for their future and protecting children’s financial security.
  • Clarity and certainty – reducing conflict, legal costs, and uncertainty if separation occurs.

Far from being unromantic, a pre-nup is not about mistrust. Pre-nups are about planning for marriage responsibly, just as you would plan the wedding day itself. Recognising that marriage has legal and financial consequences empowers you to enter into it with open eyes.

Common Misconceptions About Pre-nups

  • “Pre-nups are only for celebrities like Taylor Swift and the rich.”
    In reality, anyone with property, savings, or family wealth may benefit.
  • “Signing a pre-nup means you expect divorce.
    In truth, pre-nups are about planning for marriage responsibly, much like making a will is about planning for the future.
  • “Courts ignore them anyway.”
    Properly drafted pre-nups now carry significant weight with judges.

Lessons from Taylor Swift’s Engagement

Taylor Swift’s circumstances are at one end of the extreme: her assets include intellectual property rights, royalties, brand value, and ongoing income from her tours and music empire. But the principle is the same for all couples.

A pre-nup offers protection, transparency, and reassurance. Taylor Swift’s engagement is a timely reminder that love and financial planning can – and should – go hand in hand. Whether you are a 14 Grammy award-winning artist or simply planning your wedding day, it makes sense to protect your future.

Practical Points to Keep in Mind

  • Start early. Timing matters, so a pre-nup should be signed well before the wedding (ideally at least 28 days), so neither party feels rushed or under pressure.
  • Be transparent. Both partners must be open about their financial circumstances, so full disclosure is key.
  • Get independent legal advice. Each party should have their own solicitor.
  • Review Clauses. Circumstances can change; agreements can provide for review after children are born or after a certain number of years.

Our Advice

If you are engaged, entering into a marriage or civil partnership, it is worth considering whether a prenuptial agreement is right for you. These agreements can prevent uncertainty and protect both partners’ interests allowing you to plan a wedding with confidence and adhering to ‘we are never ever getting… disputes over finances’.

At Lawrence Stephens, we specialise in advising on prenuptial agreements and tailoring them to reflect your circumstances. If you would like to discuss your options, please contact our Family Law team today.

Chambers HNW 2025: Lawrence Stephens Residential Real Estate Team Recognized, Goli-Michelle Banan Ranked Band 3

Posted on: July 24th, 2025 by Alanah Lenten

We are delighted to announce that Goli-Michelle Banan, Head of Residential Real Estate at Lawrence Stephens, has been promoted from Band 4 to Band 3 in the latest Chambers High Net Worth 2025 guide. Her individual rise is matched by an exciting development for the wider Residential Real Estate team, which has secured its first-ever ranking, entering directly at Band 4 in the Real Estate: High Value Residential category.

This recognition places us firmly in competition with some of the capital’s larger and most established firms, including Howard Kennedy and Edwin Coe, underscoring the strength, calibre and growing market presence of our Residential Real Estate team.

With more than a decade’s experience in the prime and core London residential market, Goli-Michelle is a trusted adviser to HNW and UHNW individuals, developers, investors, and trust administrators across the UK and internationally. Known for her commercial insight and unrelenting attention to detail, she is also recognised in the Spear’s 500 as one of the UK’s top recommended property lawyers.

This year’s Chambers HNW guide includes glowing endorsements from clients and peers, who describe her as:

  • “Exceptionally efficient and professional. She has remarkable attention to detail and a thorough approach.”
  • “Incredibly helpful and very detailed… a great solicitor that I’ve had the pleasure of working with.”
  • “Positive, thorough and professional.”

Our Residential Real Estate practice advises on a wide range of complex and high-value transactions, including property sales and acquisitions, leasehold enfranchisement, development site purchases, refinancing, and Islamic finance. Clients range from private investors and family offices to corporates and developers, all of whom value our commercial, solution-driven approach and high-quality service.

Our team’s first-time ranking also reflects the exceptional feedback received this year:

  • “Lawrence Stephens is committed to its clients and provides excellent legal advice, offering solutions and updating all parties involved in an extremely timely manner.
  • “The team is easy to work with, personable, client-centric, pragmatic and collaborative.”

We’re proud that Chambers HNW 2025 has acknowledged the expertise that defines our real estate offering. Congratulations to Goli-Michelle and the entire Residential Real Estate team on this well-earned recognition, a major step forward in our continued growth within the HNW space.

Lawrence Stephens successfully acts for Respondent parent in reported case of M v F

Posted on: May 15th, 2025 by Alanah Lenten

Lawrence Stephens’ Family team, led by Co-Head of Family Eleanor Wood, recently acted for the Respondent parent in the reported Family Court case of M v F [2025] EWFC 114 (B).

A fact-finding hearing as part of child arrangement proceedings, the four-day hearing concerned allegations of long-standing abuse and controlling behaviour made my Lawrence Stephens’ client (Parent M) against their former partner. These included allegations of physical abuse (one of which lead to police involvement), emotional abuse, coercive and controlling behaviour and sexual abuse.

The Applicant (Parent F) contested these allegations, however the judge noted that their evidence was “remarkably inconsistent and lacking in credibility.” The Applicant’s argument that the allegations were financially motivated and intended to block their contact with their child was also rejected by the court.

Concluding her judgment, HHJ Owens upheld all allegations of abuse behaviour made by the Respondent parent, with the case proceeding to determine what arrangements are in the best interest of the child.

The full judgment can be read here.

Gareth Hughes comments on wills for parents in The Guardian’s ‘The Good Life’ supplement

Posted on: March 28th, 2025 by Natasha Cox

Director and Head of Private Wealth and Succession Planning, Gareth Hughes, explains why having wills in place is crucial for parents looking to protect the interests of their children.

Gareth’s comments were published in The Guardian’s ‘The Good Life’ supplement, 8 March 2025.

“For many parents, taking steps to secure their child’s future in the event of their own death is an area of primary concern. Putting a will in place can be a daunting prospect; however, we consider it essential to protect the best interests of the child.

“A key concern is responsibility for the day-to-day care of the child. Under a will, a parent can appoint a guardian and ensure that minor children will be cared for by a person they trust with the responsibility.

“Finances also warrant careful consideration. By making a will, a parent can put appropriate structures in place so that assets are managed and used to support their children until they are of an age to manage the assets themselves.

“A will gives a parent peace of mind: that they have done everything they can to protect their children in the event of their death.”

If you would like advice on drawing up your will, please contact a member of our Private Wealth and Succession Planning team.

General Election 2024 – what are the various parties’ proposals relating to employment law?

Posted on: July 4th, 2024 by Natasha Cox

While many may feel that the outcome of today’s General Election is a foregone conclusion, we felt it was important to look at each of the political parties’ manifestos to consider what they are proposing in the field of employment law – and what the consequences of these might be. 

Some of the parties have announced extensive proposals (which could mean the Lawrence Stephens’ Employment team will be extremely busy over the coming months!) while others have caused us to wonder how they will be implemented in light of recent court rulings / existing legislation.

If you have any questions on how the general election may affect your obligations as an employer, please contact any member of our Employment Team (see end of article).

Labour

In summary, Labour propose to:

  • Introduce a day one right to sick pay, parental leave and unfair dismissal;
  • Extend Employment Tribunal time limits for bringing all claims from three months to six months;
  • Ban “exploitative” zero hours contracts (which means an outright ban on such contracts is unlikely);
  • End fire and rehire (although Labour’s New Deal document indicates they would stop short of an outright ban);
  • Set up a single enforcement body to enforce workers’ rights;
  • Alter the criteria for determining national minimum wage so all adults are entitled to the same minimum wage;
  • Create a “Fair Pay Agreement” to allow for sectoral collective bargaining in the adult social care sector;
  • Give employees the right to have a contract which reflects the hours they regularly work based on a 12-week reference period;
  • Require employers with more than 250 employees to have a menopause action plan;
  • Place new duties on large employers to produce ethnicity and disability pay gap reports;
  • Make collective redundancy consultation requirements dependent on the number of redundancies across the whole business rather than the number at each ‘establishment’;
  • Require section 1 statements to inform staff of their right to join a trade union;
  • Introduce a right to ‘switch off’;
  • Consult on an eventual move towards a single status of worker, incorporating all but the genuinely self-employed;
  • Make flexible working a default right unless employers have a ‘good reason’ to refuse it;
  • Reverse the changes made under the Trade Union Act 2016 (which placed more stringent requirements on those engaging in industrial action);
  • Abolish the Strikes (Minimum Service Levels) Act 2023;
  • Remove the requirement for fully postal ballots for industrial action;
  • Make it easier for unions to gain recognition;
  • Give trade unions the right to access workplaces for recruitment and organising purposes; and
  • Introduce a right to unpaid bereavement leave (which is currently only available following the death of a child).

The full manifesto can be found here: https://lnkd.in/eFZQ_mva

Conservatives

In summary, the Conservatives propose to:

  • Overhaul the fit note system to move responsibility from GPs to other healthcare professionals;
  • Continue with the implementation of minimum service level agreements in relation to industrial action;
  • Cut employee National Insurance contributions to 6% from 2027; and
  • Abolish National Insurance for self-employed people by the end of the next parliament.

It’s worth noting that the first two proposals are not new – a consultation on the fit note system had already started before the General Election was called and we already knew the Government planned to introduce minimum service levels during strikes in hospitals and schools. It looks largely like business as usual if the Conservatives are successful.

The full manifesto can be found here: https://lnkd.in/ekQNictf


Liberal Democrats

In summary, the Lib Dems propose to:

  • Establish a new ‘dependent contractor’ employment status between ‘employment’ and ‘self-employment’, with entitlements to basic rights such as minimum earnings levels, sick pay and holiday entitlement;
  • Increase minimum wage by 20% for people on zero-hour contracts at times of normal demand to compensate them for the uncertainty of earnings;
  • Promote employee ownership by giving staff in listed companies with 250+ employees a ‘right to request’ shares;
  • Change the burden of proof in Employment Tribunal claims so that the employer has to disprove employment status, rather than the employee proving it;
  • Improve Statutory Sick Pay by removing the 3-day waiting period and lower earnings limit;
  • Extend the use of name-blind recruitment processes;
  • Make parental leave and pay day 1 rights;
  • Double Statutory Maternity Pay and Shared Parental Pay to £350pw;
  • Introduce a ‘use it or lose it’ month for fathers and partners, paid at 90% of earnings;
  • Introduce new Equality Act protected characteristics of ‘caring’ and ‘care experience’;
  • Require large employers to publish data on gender, ethnicity, disability, and LGBT+ employment levels, pay gaps and progression, and publish five-year aspirational diversity targets;
  • Introduce specialist disability employment support and simplify the Access to Work scheme; and
  • Introduce ‘Adjustment Passports’ to record the adjustments, modifications and equipment a disabled person has received, and ensure that Access to Work support and equipment stays with the person if they change jobs.

While there are undoubtedly some proposals that will be attractive to the electorate, the proposed introduction of ‘dependent contractor’ employment status seems to be something of style over substance – aren’t these people already classified as ‘workers’? In addition, the proposed introduction of new protected characteristics of ‘caring’ and ‘care experience’ seems fraught with difficulties – it would certainly keep us employment lawyers busy with the courts grappling to put into practice what these terms actually mean…

The full manifesto can be found here: https://lnkd.in/ehU4gcMw

Reform

In summary, Reform UK intend to:

  • Abolish IR35 rules to support sole traders;
  • ‘’Scrap thousands of laws that hold back British business and damage productivity, including employment laws that make it riskier to hire people’’;
  • Replace the Equality Act 2010;
  • Scrap all Diversity Equality and Inclusion roles that, “cost huge sums, create division, inequality and exclusion, and reduce productivity.’’; and
  • “Scrap EU Regulations with immediate effect. British Laws on [employment] are still based on EU regulations.”

I think it’s fair to say that Reform UK’s manifesto is somewhat light on the detail of how they plan to achieve the above…

The full manifesto can be found here: https://lnkd.in/eMYNR6Qr


Plaid Cymru

In summary, Plaid Cymru intend to:

  • Support the devolution of employment law to Wales;
  • Make paid bereavement and miscarriage leave a day 1 right;
  • Extend the entitlement to statutory bereavement leave and pay entitlement to all people with a ‘close relationship’ to a person who has died;
  • Increase Statutory Sick Pay (SSP) in line with Statutory Maternity Pay (SMP) and remove the lower earnings limit;
  • Reform Shared Parental Leave;
  • Consider making Carer’s Leave paid;
  • Re-introduce the ‘bankers’ bonus cap’
  • Implement an apprenticeship living wage and pay social care workers at least £1 above the real living wage;
  • Investigate increasing higher earners’ National Insurance contributions and promote employee ownership models;
  • Reverse “the Tories’ regressive anti-strike legislation”;
  • Support legislation to tackle insecure work and outlaw fire and re-hire tactics;
  • Abolish compulsory zero-hours contracts;
  • Establish the right to ‘disconnect’;
  • Promote LGBTQ+ inclusion throughout society, including all workplaces, and propose a simplified, de-medicalised gender self-identification system;
  • Adopt the United Nations Convention on the Rights of Disabled People into UK law and introduce a Business, Human Rights and Environment Bill which would mandate that private companies conduct due diligence in their supply chains to prevent human rights abuses; and
  • Put the power to decide Bank Holidays in Wales in the hands of the Senedd and make St David’s Day a Bank Holiday in Wales on 1 March each year.

There’s definitely some overlap here with the other manifestos described above (i.e. Labour’s pledge regarding the right to disconnect, as well as increasing SMP and SSP, reforming zero hours contracts and making some employment rights available from day 1).

However there are also some issues that are likely to be divisive, such as the proposal to introduce a simplified, de-medicalised gender self-identification system. How will this work in practice in light of such decision as Adams v Edinburgh Rape Crisis Centre, Meade v (1) Westminster City Council; and (2) Social Work England and Forstater v CGD Europe?

The full manifesto can be found here: https://lnkd.in/enRssnpZ

SNP

In summary, the SNP intend to:

  • Support the devolution of employment law to Scotland to enable changes such as banning ‘exploitative’ zero hours contracts and ‘fire and rehire’, as well as increasing the level of the National Minimum Wage and removing the age brackets;
  • Create a single status of ‘worker’ for all but the ‘genuinely self-employed’;
  • Increase access to statutory sick pay by removing the lower earnings limit and the waiting period;
  • Increase the rate of Statutory Maternity Pay to 100% of average weekly earnings for the first 12 weeks, dropping to 90% of average weekly earnings or £150 (whichever is lower) for 40 weeks;
  • Increase the available period of Shared Parental Leave from 52 to 64 weeks with the additional 12 weeks to be the minimum taken by the father on a ‘use it or lose it’ basis to encourage better uptake of the statutory right; and
  • Support the repeal of the Strikes (Minimum Service Levels) Act 2023 and the Trade Union Act 2016

Any of this sounding familiar?

The full manifesto can be found here: https://lnkd.in/eh5YiBKj

Greens

In summary, the Green Party intend to:

  • Repeal anti-union legislation and introduce a ‘positive’ Charter of Workers’ Rights, containing a right to strike and a legal obligation on employers to recognise trade unions;
  • Remove ‘arbitrary’ ballot thresholds and requirements for postal ballots;
  • Overturn bans on secondary picketing and industrial action for political objectives;
  • Introduce a maximum 10:1 pay ratio for all private and public-sector organisations;
  • Increase the national minimum wage to £15 an hour, regardless of age;
  • Campaign for ‘safe sick pay’;
  • Provide equal rights for all workers from their first day of employment, including platform workers, zero hours workers and those working in the ‘gig economy’;
  • Properly fund the enforcement of workers’ rights and abolish tribunal fees;
  • Move to a four-day working week;
  • Transition towards a green economy, led by workers and trade unions;
  • Establish an Offshore Energy and Skills Passport so that workers can transition between offshore energy industries;
  • Require all large and medium-sized companies to carry out equal pay audits, redress any inequalities and extend pay-gap protections to all protected characteristics;
  • Introduce a right to flexible working and ensure disabled workers have the in-job support they need, as well as ‘proper pay and conditions’;
  • ‘Defend’ the Human Rights Act 1998 and continued access to the European Court of Human Rights;
  • Protect the right to religious expression and support gender self-identification for trans and non-binary people; and
  • Push for a precautionary regulatory approach to the development of AI, ensuring that workers’ rights and interests are respected when AI leads to significant changes in working conditions.

The full manifesto can be found here: https://lnkd.in/emtteMbV

If you have any questions on how the general election may affect your obligations as an employer – or any other employment law concerns, please contact any member of our Employment Team (see below).

The Leasehold and Freehold Reform Act 2024: What homeowners need to know

Posted on: June 5th, 2024 by Natasha Cox

The Leasehold and Freehold Reform Act 2024 marks a significant shift in the landscape of home ownership in England and Wales. This legislation is designed to empower homeowners, providing them with increased rights, greater transparency, and enhanced protections. As a law firm committed to supporting our clients in navigating complex property issues, we are here to break down the key aspects of this transformative Act. 

Empowering homeowners with greater rights and protections

One of the most notable changes is the simplification of the process for leaseholders to buy their freehold. Historically, this process has been both complex and costly. The new legislation makes it easier for leaseholders to secure ownership of their homes and reduces the expenses involved. Additionally, the standard lease extension terms have been extended to 990 years for both houses and flats, up from the previous 50 years for houses and 90 years for flats. This change ensures that leaseholders can enjoy long-term security without the ongoing stress and financial burden of future extensions.

Facilitating the Right to Manage and collective enfranchisement

Leaseholders will now find it much easier to take over the management of their buildings, with the floor space limit for Right to Manage and collective enfranchisement being increased from 25% to 50% of commercial space. This will allow more leaseholders to exercise control over their properties, by appointing their preferred managing agent or collectively buying the freehold.

Streamlined processes for lease extensions and freehold purchases

New leaseholders were previously required to own their property for two years before they could extend their lease or buy the freehold. The Act abolishes this requirement, giving new homeowners immediate rights to extend leases or purchase freeholds, thereby simplifying and expediting these processes.

Enhanced transparency and fairness in service charges

Transparency over service charges has long been a contentious issue between leaseholders and freeholders. The Act mandates that freeholders and managing agents issue bills in a standardised format, allowing leaseholders to scrutinise and challenge these charges more effectively. This move towards greater transparency is a significant step in addressing unclear and often unjustified service charges.

Increased rights to challenge unreasonable practices

The Act empowers leaseholders to challenge their landlords’ unreasonable charges at the Tribunal without the deterrent of covering their freeholders’ legal costs. This change is expected to encourage more leaseholders to stand up against unfair practices, fostering a more balanced relationship between leaseholders and freeholders.

Rights for freehold homeowners on private and mixed tenure estates

For freehold homeowners on private and mixed tenure estates, the Act extends similar rights of redress that leaseholders enjoy. This includes greater transparency over estate charges and the ability to challenge their reasonableness. The legislation ensures that homeowners are well-informed about the charges they incur and can dispute unfair costs.

Banning new leasehold houses and excessive insurance commissions

In a bid to curtail the practice of selling new houses as leaseholds, the Act bans this practice except in exceptional circumstances. This move guarantees that future homeowners will generally acquire freehold properties, ensuring full ownership rights from the outset. Moreover, the Act addresses the issue of excessive buildings insurance commissions by banning opaque and excessive fees, replacing them with fair handling fees.

Conclusion

The Leasehold and Freehold Reform Act is a landmark piece of legislation that significantly enhances the rights and protections for homeowners in England and Wales. By making it easier and cheaper to extend leases, buy freeholds, and challenge unreasonable charges, the Act aims to create a fairer and more transparent property market. 

However, while the Act has received Royal Assent, numerous pieces of secondary legislation will be needed in order to clarify the exact, day-to-day application of these changes in practice. It is currently unclear when this additional legislation will be passed.

At Lawrence Stephens we are dedicated to helping our clients navigate these changes and leverage their new rights effectively. If you have any questions or need assistance regarding the implications of this Act, please do not hesitate to contact our specialised Residential and Leasehold Enfranchisement team.