Hertfordshire Law Gazette issue 53

Herts Law Clinic win at the LawWorks Pro Bono Awards.

See page 8

Also this issue:

• Key employment law developments expected in 2023

• Sentencing Council promises review of Sentencing Guidelines

• How will the cost-of-living impact gifts in Wills? and much more...

Council Members 2023

President Diana Kirsch University of Hertfordshire (Hatfield)

Vice President

Kirsty Richards of National Legal Service (Family Lawyer)

Hon Secretary and Treasurer

Judith Gower Hertfordshire County Council

Immediate Past President

Steve Hamilton Taylor Walton LLP (Harpenden) Private Client

Members

Marilyn Bell SA Law (St Albans) Family

Paul Davies Hamilton Davies (Stevenage) Employment, Family and Litigation

Jessica Moseley

Debenhams Ottaway LLP Probate and Trusts

Tahir Nisar (Crane & Staples, Private Client)

(From January 2023 until 31 December 2024)

Dilpesh Shah Pellys Solicitors Limited Property & Commercial

Michael Scutt (Crane & Staples, Employment and Dispute Resolution)

Claire Sharp Debenhams Ottaway (St Albans) Private Client

Penny Carey (University of Hertfordshire)

Nicola Smyrl of Taylor Walton (Luton and an Employment Lawyer)

Laura Woolard of Taylor Walton (St Albans and a Family Lawyer)

Massimo Trebar of Lawtons (Criminal Lawyer)

National Council Member

Josephine Duchenne National Council Member for Hertfordshire and Bedfordshire (from 15th October 2021)

The Law Society

Relationship Manager – East Jack Dunkley

Parliamentary Liaison Officer Judith Gower

From the President...

After I left practice I moved into higher education, first at BPP and more recently at Hertfordshire Law School, and it has been a privilege to teach many aspiring solicitors over the last 15 years. I am committed to increasing diversity among the legal profession and I am very proud to work at Hertfordshire Law School which is one of the most diverse Law Schools in the country, with almost 70% of law students from a Black, Asian and Minority Ethnic background and with a very high number of students who are the first in their family to go to university. I believe in the transformative power of education to change lives and it is a real pleasure to support the future generation of lawyers.

It is a great honour and privilege to have been elected as President of the Hertfordshire Law Society for 2022 and I will do my very best to represent the interests of all our members

I would like to start by thanking Steven Hamilton for his excellent work as the outgoing President. Steve has done a fantastic job of increasing membership of Hertfordshire Law Society over the last year and also organised a memorable annual dinner in June, our first for three years. It was an absolute pleasure to work with Steve and I hope to continue his good work. I am also so grateful to our treasurer Judith Gower for all her hard work in ensuring the smooth running of Hertfordshire Law Society. Finally, I would like to congratulate Kirsty Richards, Head of Family Law at the National Legal Service, on becoming Vice President. I already work closely with Kirsty who is enormously supportive to Hertfordshire Law School, volunteering with Hertfordshire Law Clinic and supporting employability events. I look forward to working with Kirsty over the next year.

I hope to meet as many members of the Law Society as possible over the coming year. We have already booked our annual dinner for Thursday 6 July 2023 at 6pm at Hatfield House and a Save the Date email will be coming out very soon. As always, there will be the opportunity to nominate outstanding firms and individuals for Hertfordshire Law Society awards and I hope to see many of you there.

By way of introduction, I started my career as a criminal defence solicitor, working at Moss and Co, a small specialist legal aid firm in Hackney. I loved working as a duty solicitor but, like many of my colleagues, I worried that a career in publicly funded criminal defence work was becoming increasingly untenable. As I commence my year of office, Law Society President Lubna Shuja is halfway through her term. Lubna spoke passionately about legal aid and access to justice at our Hertfordshire Law Society dinner in June and I welcome Lubna’s commitment to fair remuneration for legal aid practitioners and proper investment in the justice system.

As Director of Pro Bono at Hertfordshire Law School I was involved in setting up Hertfordshire Law Clinic, which has provided free legal advice to over 500 clients who would otherwise have struggled to access a solicitor. The Law Clinic owes much of its success to the dedication of solicitors across Hertfordshire who give up their time to advise and supervise in the Clinic. Hertfordshire Law Clinic won the prestigious LawWorks award for Best Contribution by a Pro Bono Clinic in December 2022 and I would like to thank all our members who work so hard and contribute to the clinic’s success. As well as providing a valuable service to some of the most vulnerable people in our community, the Law Clinic also provides students with the opportunity to build their CVs and to gain valuable work experience alongside local solicitors.

I am delighted that my year in office coincides with the 100 year anniversary of the first woman, Carrie Morrison, to qualify as a solicitor. In January I attended the finals of the photography competition ‘The Way We Are’ celebrating 100 years of female solicitors. It was a wonderful evening, celebrating the success of women solicitors, and I had the pleasure of meeting I Stephanie Boyce, the former President of the Law Society.

Last month I attended the Southern Area Association of Law Societies (SAALS) meeting in Hampshire and I will continue to attend as many events that I can and do my best to promote the good work that the Society does. (Continues overleaf)

In terms of my plans for the next 12 months, I hope that I will continue to build on the already excellent relationship between the Law Society and the University of Hertfordshire. I would like to ensure the Society plays an active role in community activities and I would welcome the opportunity to meet more members socially. We are lucky to have a very active Junior Lawyers Division, chaired by recent Hertfordshire Law School alumnus Blessing Skolodova, which organises brilliant events for junior lawyers and students. Hertfordshire Student Law Society and Herts JLD co-hosted a wonderful panel event at the University late last year featuring solicitors talking to students about their career journeys and offering their top tips for career

success. I would like to expand the number of social events for all members and I am also very keen to offer more training events this year.

I look forward to hearing from you all on what you would like your council to deliver, and how we can support you. I would welcome your ideas and suggestions, particularly for training and social events in 2023.

Diana Kirsch President, Hertfordshire Law Society

Well, Christmews is over for another year

I hope your Christmas and New Year were better than the ones in my household. On 21st December my hooman mother tested positive for Covid. She

did get antivirals the same day from the NHS. Unfortunately my hooman father then got Covid on Christmas Eve. The good thing was that they couldn’t go out so had to stay and be with me the whole time. They didn’t even eat any of their Christmas lunch until December 27th so no tasty titbits for me on Christmas Day. Presents were only opened on 27th as well. Although it did mean the golden one and his parents couldn’t come round!

When they were very ill they were in separate bedrooms so I had to keep going from one to the other to look after them. They both felt very sorry for themselves so I spent a lot of time being nurse Gigi! At least now they don’t mind that I sleep on the bed.

The weather has been so cold and the house is not its usual warm temperature. Apparently the cost of fuel has gone up so they are wearing more layers and not

keeping the house as warm. Luckily HM complained so the heating is on for longer.

I didn’t like the snow or the frosty ground, my paws don’t like getting cold. I have discovered a radiator that I can sit next to warm up and if it isn’t warm I complain to the management!

You can follow me on Instagram and I might even follow you! @princessgig2019 #catsofinstagram

University of Hertfordshire’s Law Clinic celebrates prestigious win for pro bono work

Back row (left to right): Jekaterina Bodnarchuk (LLB student) , Ruth Camp (Shelter solicitor) , Penny Carey (Dean) , Diana Kirsch (Associate Dean Enterprise and Director of Pro Bono) , Amanda Thurston (Director of Hertfordshire Law Clinic) , Geraldine Poulain (Senior Lecturer and Supervising Solicitor) , Janet Barlow (Senior Lecturer and Supervising Solicitor) , Rebecca Howell (Law Clinic coordinator) and Lubna Shjua.

Front row: Adeyemi Ogunkoya (LPC student) , Murat Tas ( LPC student) , Sangita Myska (journalist and host of event) , Thi Nguyen (LLB student).

Hertfordshire Law Clinic has recently been awarded Best Contribution by a Pro Bono Clinic at the 2022 LawWorks Pro Bono Awards.

The annual ceremony took place earlier this month, where the team received the prestigious award in recognition of their hard work in addressing unmet legal need in the local community.

The judges commended Hertfordshire Law Clinic for the diversity of their work and innovative approach –providing a wide number of services to individuals and SMEs in a range of ways from court runner schemes and tribunal representation projects, to one-off legal advice clinics.

The LawWorks Pro Bono Awards recognise and celebrate the best legal pro bono activities undertaken by organisations and individuals, and the positive impact they have had on those helped. LawWorks is a charity that connects volunteer lawyers with people in need of legal advice.

Hertfordshire Law Clinic launched in

October 2019 and provides free legal advice to members of the public and University of Hertfordshire staff and students. Advice is delivered by student advisers under the supervision of qualified lawyers, allowing the students to acquire the skills and experience they will need to practise as lawyers. The clinic provides advice and assistance on a number of different issues including family law, employment law, intellectual property and commercial law, consumer and civil disputes, and housing law.

As well as this win, the clinic’s Shelter Court Runner Scheme was also shortlisted for the Most Effective Pro Bono Partnership, having previously won Best Contribution by a Team of Students at the Student Pro Bono Awards in May.

Diana Kirsch, Associate Dean for Enterprise and Director of Pro Bono at Hertfordshire Law School expressed her delight on the win: “It was wonderful to receive this recognition from LawWorks and we are so proud of our Law Clinic team and all our students for their hard work in improving access to justice. There is a

huge problem of unmet legal need in our community. Many people simply can’t afford to pay for legal advice and there is very limited legal aid for advice in the areas that we cover in our Clinic, particularly family and employment law. We have worked hard to increase access to our services by going out into the community and setting up popup clinics in local job centres and food banks around Herts.”

Amanda Thurston, Law Clinic Director said: “Having been a practising solicitor for many years, I know how much law firms appreciate students gaining these opportunities to learn and try out practical skills early on. It enhances the employability of our students and gives them the chance to work alongside lawyers from local law firms. We are so grateful to these lawyers and their firms for finding the time to help supervise the students in our clinic on a pro bono basis - we couldn’t offer so much support to those in need without them.”

Visit the LawWorks website for the full list of nominees and winners; and the Hertfordshire Law School website for more information about pro bono work and the range of law courses on offer.

Key employment law developments expected in 2023

• a 47p, or 9.7%, increase for those aged 16–17 (from £4.81 to £5.28 per hour); and

• a 47p increase in the apprentice rate (from £4.81 to £5.28 per hour).

• In addition the following statutory payments will increase with effect from April 2023:

• Statutory maternity, paternity, adoption, shared parental and parental bereavement pay will increase to £172.48 per week (from £156.66 per week).

Many employers will be glad to say goodbye to 2022, given the difficult economic circumstances which have been challenging for many businesses to navigate, hoping for more positivity in the year to come. 2023 is lining up to be a busy year for employment law, with various new laws and guidance expected to come into effect, and some important cases due to be determined in the senior Courts. It is also possible that significant changes will be made to employment law, as the so called Brexit Freedoms Bill will “sunset” many EU laws which are currently in force in the UK.

In this article we have summarised the expected changes and developments which are likely to be of interest to employment lawyers.

Increases in employment related payments

The Government has announced that from 1 April 2023 there will be an increase in the National Living Wage and National Minimum Wage as follows:

• a 92p, or 9.7%, increase to the National Living Wage for those aged 23 and over (from £9.50 to £10.42 per hour);

• a £1, or 10.9%, increase for those aged 21–22 (from £9.18 to £10.18 per hour). (This increase is intended to narrow the gap with the NLW and put this age group on course to receive the full NLW by 2024);

• a 66p, or 9.7%, increase for those aged 18–20 (from £6.83 to £7.49 per hour);

• Statutory sick pay will increase to £109.40 per week (from £99.35 per week).

The current cap on a week’s pay for the purposes of calculating an employee’s statutory redundancy pay or unfair dismissal basic award is £571. This cap is expected to increase from 6th April 2023, however the amount has not yet been published. Additionally the statutory cap on unfair dismissal compensation is expected to increase from £93,878 at this time.

“Brexit Freedom Bill” – potential repeal of EU Law

The Retained EU Law (Revocation and Reform) Bill will ‘sunset’ (revoke) any piece of retained EU Law by 31st December 2023 unless specific legislation is introduced to retain it. There is provision to extend the ‘sunset’ date to 2026 in certain cases. Laws which are retained may be amended. This Bill potentially has far reaching implications for employment law taking into account that some important employment law rights such as under the Working Time Regulations, Agency Workers Regulations and TUPE are derived from EU Directives. At present it is entirely unclear what changes the Government may make to employment laws.

New Statutory Code on “fire and rehire”

On 30 March 2022, in the wake of the mass redundancies announced by P&O

Ferries without consultation or notice, the Government announced that it would be issuing a statutory Code of Practice to address "fire and rehire" practices. Tribunals and courts will be required to take the code into account when considering relevant cases. They will have the power to apply an uplift of up to 25% of an employee's compensation where the code applies, and the employer unreasonably fails to follow it. Whilst no date has yet been fixed for the Code to come into force, during a Parliamentary debate on 3 November 2022, it was stated that a draft code will be published in the near future.

New ICO guidance on workplace monitoring and health information

The ICO is currently consulting on new draft guidance relating to workplace monitoring and health information, which closes in January 2023. The new guidance is expected to come into force, replacing the existing Employment Practices Code later this year. Employers will need to review their practices in this area to ensure compliance with the new requirements.

Overhaul of law on tips and gratuities

Currently, if a worker/employee receives a tip from a customer, the employer is able to distribute and/or retain the tips using the method which they find most suitable. Many tips are not passed on to workers. The aim of the Employment (Allocation of Tips) Bill, a Private Members Bill backed by the Government, is to ensure that workers receive the benefit of tips that are intended for them. Through this Bill, a new statutory Code of Practice will be developed to provide businesses and staff with advice on how tips should be distributed. On top of this, workers will receive a new right to request more information relating to an employer’s tipping record, enabling them to bring forward a credible claim to an employment tribunal if they feel there are grounds to do so.

Nicola Smyrl

New duties to prevent sexual harassment

The Worker Protection (Amendment of Equality Act 2010) Bill will bring back previously abolished employers’ liability for harassment of their employees by third parties, introduces a duty on employers to take all reasonable steps to prevent sexual harassment of their employees, makes provision for the enforcement of that duty and provides for a compensation uplift in sexual harassment cases where there has been a breach of the employer duty. At the second reading of the Private Member’s Bill on 21 October 2022, the Government advised that it was supporting the Bill. This Bill is scheduled to have its report stage and third reading on 3rd February 2023.

The provisions of this Bill are significant for employers who will have to consider taking active steps to address the protections afforded under the legislation which may include updates to policies, procedures and additional training for staff. The intention of the Bill is to shift the focus of some parts of the Equality Act 2010 from “redress” to “prevention”.

Family Friendly changes

A number of Private Members Bills backed by the Government will make changes to family friendly rights if passed in 2023. Although there is no fixed timescale for when the various Bills may come into force, it is expected that significant progress will be made in 2023. The Bills include:

1. The Carer’s Leave Bill - this bill will introduce a flexible entitlement of one week’s unpaid leave per year for employees who are providing or arranging care. As per other types of family related leave, the employee will be protected from dismissal or any detriment as a result of having taken time off. This right will be available from the employee’s first day. It may be advisable for employers to introduce policies dealing with this type of leave in due course.

2. Neonatal Care (Leave and Pay) BillCurrently, parents of a baby in neonatal care must rely on their existing statutory leave entitlements to enable them to be off work while the baby is in hospital. This Bill would enable employees to take leave from Day 1 of their employment where they are the parent of a baby in neonatal care (defined a baby of 28 days old or less being admitted to hospital for at least 7 continuous days). It is also expected that employees with at least 26 weeks’ continuous service would also be entitled to be paid statutory neonatal pay. The precise scope of the rights to leave and pay would be set out in future regulations. Although the Bill provides that the right would be to take at least one week’s leave, there may be scope to extend this under future regulations, and the original intention was for parents to be given up to 12 weeks’ of leave. The level and duration of statutory neonatal pay will also be dealt with in future regulations. Parents who qualify for neonatal leave will be afforded the same employment rights and protections as parents taking other relevant family-related leave, i.e. protection from detriment or discrimination arising from them taking, or seeking to take, neonatal leave.

3. The Protection from Redundancy (Pregnancy and Family Leave) Bill - This Bill extends the protection for women and new parents against redundancy “during or after” an individual takes the relevant period of family leave. Under current rules, before making an employee on maternity leave, shared parental leave or adoption leave redundant, employers are obliged to offer them a suitable alternative vacancy where one exists in priority to anyone else who is provisionally selected for redundancy, failure to do means that any subsequent dismissal will be automatically unfair. The new bill will extend protection to apply to pregnant women before they start maternity leave and after they return to work. It will also protect new parents returning to work from adoption or shared

parental leave. The Government believes this Bill will “shield new parents and expectant mothers from workplace discrimination, offering them greater job security at an important time in their lives”.

4. Employment Relations (Flexible Working) Bill - The aim of this Bill is to extend the right for employees to request flexible working. Contrary to some reports in the press, it is not the intention of this Bill to introduce an entitlement to work flexibly and employers will still be able to reject requests for the current statutory reasons. If this Bill is passed, the main changes to the current framework will be removing the pre-requisite for an employee to have 26 weeks’ of service before they can make a request for flexible working. As a result, employees will be able to make a request for flexible working on the first day of their employment. Employers will also be required to consult with the employee prior to the rejection of their flexible working request rather than the current requirement to deal with the request reasonably and the time limit for the employer to respond to the request will be reduced from 3 months to 2. Employees will also be able to make two requests in a 12 month period if they wish to do so, rather than 1.

Extra bank holiday

In celebration of the coronation for King Charles III on Saturday 6th May 2023, it has been announced that there will be an additional bank holiday on Monday 8th May 2023. Staff may or may not be entitled to the additional bank holiday, depending on the terms of their contract.

Other possible developments

Several other Bills are currently making their way through Parliament, most of which are not currently backed by the Government but may lead to changes in some areas:

• In 2019 the Government announced plans to create a new, single labour market enforcement agency to better ensure that vulnerable workers were

aware of and could exercise their rights, as well as support employer compliance. The Government has indicated its intention is to proceed with the necessary legislation when Parliamentary time allows and developments may be made this year now that all relevant consultations have concluded.

• Employment (Application Requirements) Bill - aimed at regulating the use of minimum qualification or experience requirements in job applications to make recruitment a fairer process.

• Fertility Treatment (Employment Rights) Bill - to require employers to allow employees to take time off from work for appointments for fertility treatment.

• Miscarriage Leave Bill – providing for an entitlement for three days of paid leave for people who have experienced miscarriage before 24 weeks.

• A draft Bill is expected to be published in spring 2023 making changes to rights for individuals affected by surrogacy.

Significant cases to look out for Unlawful deductions/holiday pay - The decision of the Supreme Court in Chief Constable of the Police Service of Northern Ireland v Agnew should be handed down during 2023. The case, which was heard between 14-16 December 2022, will determine whether a series of unlawful deductions from pay is broken if the deductions are more than 3 months apart. Whilst this is a decision of the Court of Northern Ireland, it is likely to be followed by employment tribunals in the UK and may significantly affect claims for back dated holiday pay where there have been gaps of more than 3 months between periods of holiday.

Pay in lieu and dismissal - In the case Fentem v Outform EMEA Limited, the Court of Appeal will consider issues relating to payment in lieu of notice. In this case, the employer invoked a clause in the employee's contract enabling it, once the employee had resigned, to terminate their employment immediately by making a payment relating to the unexpired period of the employee's notice. The Employment Appeal Tribunal found that in these circumstances the employee had not, as a matter of law, been dismissed by the employer so a claim for unfair dismissal failed. The outcome of this case could have significant implications for how employers utilise pay in lieu of notice clauses where the employee has resigned.

Nicola Smyrl Taylor Walton LLP

Sentencing Council promises review of Sentencing Guidelines following research by University of Herts academics

The research team did not find any strong or consistent evidence of sentencing disparities for different ethnic groups for the offences looked at, although there were limitations to the data analysed and previous studies have found disparities for drugs offences. The Herts team recommended that further research should be carried out on this issue and the Sentencing Council has commissioned new data collection in the magistrates’ courts and Crown Court which is running from January to June 2023.

The Sentencing Council has published new research carried out by Hertfordshire Law School that examines the potential for the Sentencing Council’s work to cause disparity in sentencing outcomes across demographic groups. The research team focused on protected characteristics that are most relevant for sentencing including sex, ethnicity, age and disability. The Sentencing Council has responded positively to the report. In its formal response, the Council has agreed to make some changes to the language used in the guidelines and has also committed to a programme of work to explore the other recommendations.

The researchers examined a small number of sample guidelines including robbery, theft and harassment and looked at the potential influence of the language, factors and explanatory texts, as well as their structure, the guideline development process, and the Council’s relationship with stakeholders and its communications.

As part of their comprehensive review, the research team analysed a large data set of sentencing outcomes collected by the Crown Courts between 2010 and 2015 and analysed the language and structure used in the sentencing guidelines. The team also carried out extensive roundtable discussions with representatives from a number of civil society organisations, sentencers (including magistrates, district judges, Crown Court judges, and High Court judges) and defence lawyers who all took part anonymously.

The roundtables highlighted concerns about the use of electronic guidelines and expanded explanations which have now replaced the paper guidelines. Some sentencers and defence lawyers acknowledged that the new electronic guidelines are harder to use and that key information is often contained in drop down menus which is a few clicks away and not easily accessible. The Hertfordshire team recommended changes to the format of the expanded explanations and the Sentencing Council have commissioned external contactors to conduct user testing of the digital guidelines, to explore how sentencers use the sentencing guidelines, including how they use the expanded explanations.

The team also recommended introducing a new final step, similar to Step 5 found in the robbery guidelines for children and young people, requiring sentencers to carry out a final review of the sentence to ensure it takes into account all mitigating factors. Although the Sentencing Council has not agreed to adopt this new step, it has agreed to consider this issue as part of its review of the Imposition of community and custodial sentences guideline, which includes looking at whether and when sentencers request pre-sentence reports and so receive all the information needed about an offender.

The Council has also agreed to review whether a separate guideline should be issued for sentencing young adults aged 18 and over.

Some changes to the wording in the guidelines has been agreed though. The Sentencing Council has agreed to remove the examples of wearing a balaclava or hood from the aggravating factor of ‘attempt to conceal identity’ in the robbery guidelines, because of concerns raised that the word ‘hood’ might be more easily associated with young people from certain subcultures. It will also modify the examples given of ‘good character’ which currently includes a reference to carrying out charitable work, acknowledging that not all offenders will have the time and resources to volunteer in this way.

The research team at the conference mentioned in the article. From left to right - Dr Qi Chen, Diana Kirsch and Dr Mateja Vuk

Sentencing Council Chairman, Lord Justice William Davis , said:

“The Sentencing Council welcomes this report as providing an opportunity to examine our work through the lens of equality and diversity. We are committed to promoting a transparent, consistent and fair approach to sentencing. That involves putting equality and diversity high on our agenda.

“We have considered the report’s findings with great care. Our response to the report commits the Council to a programme of work in relation to a number of the issues raised by the research. In these areas we intend either to provide solutions by appropriate amendment of guidelines or to investigate matters in greater depth. This is important and continuing work for the Council.”

The team of researchers which included Dr Qi Chen , Dr Mateja Vuk and Dr Chamu Kuppuswamy , were invited to present their findings to the Sentencing Council conference on 13 Janaury 2023 (see photo).

Diana Kirsch , who led the Herts research team, said:

‘We are pleased to see the publication of our report and our recommendations aimed at promoting fairer sentencing. We are encouraged by the positive response of the Sentencing Council and look forward to hearing the outcome of the further work they are undertaking as a result.’

NEHow will the cost-of-living impact gifts in Wills?

As we move into the mainstream digital age, the role of the expert

And, it mean

The

Today, almost six in ten (59%) people in the UK feel their finances are worsening, one in four households are struggling to pay the bills and, inevitably, this means that many people are having to hold off from donating to good causes.

Although there are multiple avenues for will-writing, the impartiality and ability of solicitors to offer experienced and tailored advice to clients is all the more valued when it comes to making informed decisions about people’s inheritance and how good causes can benefit.

The irony of this is of course that, as people struggle to heat their homes, pay the rent and put food on the table, demand for charitable services becomes all the more urgent. We’re now at the point where 9 out of 10 food banks fear they won’t be able to meet the public's needs and reduced funding means services may well face cuts or even closures, whether that means fewer people to field calls to mental health support lines, cutbacks on sports facilities or community outreach services and all manner of charitable services.

First

In this environment, income from charitable legacies is vital, strengthening charities’ resilience for the years to come. Gifts in Wills now raise £3.5 billion for good causes annually and, for many, that income has become the defining factor as to whether organisations can keep their doors open, whether they can pivot to deliver services in new ways and – in some cases – even to enhance their support for those in need.

What’s more, in a challenging economic world, gifts in Wills – which won’t leave a donor’s bank account until after the donor has passed on – can be not only a deeply symbolic and meaningful decision, but an attractive and practical offering. And this is where legal professionals are playing an increasingly important role.

Our tracking study indicates that one in five Wills handled by UK legal advisers (22%) now include a donation to charity. The public is twice as likely to make a gift when a professional adviser references the charitable option. And solicitors and Will-writers alike are seeing growing demand for end-of-life planning that reflects people’s deep connections with good causes.

While charitable Wills were once perceived to be the domain of those who are child-free, there is far greater awareness now that people of all backgrounds – those with family and without – often feel a strong desire to leave the world a better place. Gifts in Wills can be a fantastic way of shaping the world they leave behind for future generations. And when it comes with such a generous tax benefit, this is a welcome bonus.

Again, donors often hear about the potential tax break on legacy gifts from legal advisers explaining that such donations are exempt from Inheritance Tax, and that, if they choose to give 10% or more, the remaining IHT bill is reduced further still - charged at 36% rather than 40%. Supporters are unlikely to make fiscal savings that exceed the cost of their donation, but for those who wish to support good causes, that reduction can be a strong incentive.

Newcastle

Free campaign supporter scheme for legal advisers

Through our Campaign Supporter scheme, which includes some 800 Will writers and solicitors who commit to making relevant clients aware of the option of leaving a charitable gift in their Will, we see growing demand for legacy giving. And the impact of that shift is considerable. If each of those advisers were to have even just one conversation next year leading to a gift in a Will, this would likely raise around £4 million for good causes. And when those conversations are happening daily, imagine what a difference this could make.

Lucinda Frostick

Remember A Charity runs a free Campaign Supporter scheme for solicitors and Will-writers, providing promotional resources and guidance for referencing legacy giving with clients. Find out more at www.rememberacharity.org.uk/solicitor

Role of solicitors and Will writers

Young adults and consent to a DNA test

proposed treatment. A subset of this principle is the Fraser guidelines which specifically relate to welfare advice for under 16’s.

Across the world, the ability of children or indeed young adults to make decisions about issues concerning themselves is full of dilemma. Under UK law, the line between childhood and adult hood is 18 years of age1; the age of majority. This means for example, that an individual can of their own volition, vote, enter contracts (credit cards, take out loans) buy tobacco or get a tattoo. The law then allows for capacities at each age from 10 through 17, though in this article with regard to DNA testing, we will single out age 16, as now armed with a National Insurance number, minors may join the Army, get married, drink alcohol in a restaurant, get a full time job and have sexual intercourse. This is perhaps appropriate for most in todays’ UK society.

When it comes to medical treatment, then the law is very clear that the age of consent to a procedure is 18 and after this age, individuals have as many rights as adults. Under some circumstances, 16 year old individuals can make medical decisions without consent of their parents and at younger ages than that, the degree of independent consent is reliant on their competence to understand the procedure – age alone is a not a sufficient criterion. Specifically, the test of these criteria is the Gillick test2 which relates to a child under 16 receiving contraceptive advice without her mother’s consent. Over time this has been used by the medical fraternity to gain consent from under 16s, provided they can demonstrate understanding of the nature and implications of the

When considering a DNA test to determine a biological relationship (such as a paternity test), then it is important to remember that a human identity or paternity test is not a medical matter; it is quite different to other types of genetic test which are used for example, for disease diagnosis. The relevant legislation is the Human Tissue Act 1984 and Human Tissue (Scotland) Act 20063, which as an aside to its intention to clamp down on the unauthorised use of human tissue as revealed in the Bristol Royal Infirmary enquiry,4 has captured the need for consent for the analysis of samples for a DNA test and which are intended for human identity testing. The Department of Health has produced helpful guidance5 and a good practice guide for companies like our own.

In addition, the Ministry of Justice operates an accreditation system for bodies “that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969”. This list is reconsidered every year and requires DNA testing companies to hold the key accreditation for calibration and testing laboratories, ISO/IEC 17025. We are pleased to say that we have been on “the list” for more than 14 years.

With regard to consent, then the first principle derives from the established laws of consent and the second from the Human Tissue Act 2004, where consent is required for possession of material from a human body that contains human cells (a buccal sample) with the intention of analysing the DNA. We must be satisfied that whoever is providing the consent for a DNA test is authorised to do so. We for example, take steps to ascertain the basis for parental responsibility and as the DNA testing organisation

providing the test, are satisfied that those consenting to the taking of a sample from the child, are authorised to do so. It is also important that the consent is given on the understanding that the nature and possible consequences of the test are understood.

Parental Responsibility refers to "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property" 6 In real terms, this means having input into substantial matters affecting a child’s well-being, such as education, religion, medical treatments and appointing a guardian as well as having input with regards to holidays and extended stays outside the family home. Importantly, this also relates to legal proceedings involving the child and the registering/changing of a child’s name on a birth certificate. De facto, this applies to the non-medical matter of human identity testing using DNA technology, commonly known as for example, a paternity, sibling or indeed a grand-parentage test.

So who has Parental Responsibility for a child? Well firstly, the mother always (and automatically) has Parental Responsibility. Intuitively, we might think this named individual would necessarily be the biological mother (the individual who gave birth to the child) and this is generally the case. Exceptions occur in the case of surrogacy where the surrogate mother will have Parental Responsibility until it is relinquished with a Parental Order. Interestingly, if a surrogate mother is married, their partner will also have Parental Responsibility for the child.

There are various additional ways that a father can gain Parental Responsibility over a child, these are: a) entering marriage or civil partnership with the mother, b) obtaining a Parental Responsibility order from a court, c) using a Child Arrangement Order, being named as a resident parent, d) having a Residence Order in place (prior to 22nd

Dr Neil Sullivan

April 2014) and e) entering a Parental Responsibility Agreement with the mother. If there has been a marriage/civil partnership and then a divorce/dissolution, then the Parental Responsibility rights are retained.

Automatic Parental Responsibility is not conferred on unmarried biological fathers, unmarried partners (male or female), grandparents, other biological relatives or a stepfather/step-mother. Unmarried/non civil partnership fathers who (re-) register their names on a birth certificate after 1st December 2003 can gain Parental Responsibility.

We always ask for the mother’s consent to a DNA test if the child is under 16 and encourage her to participate in the test by giving a DNA sample. Our most common question is: “Why do you need that? I know I am the mum.” Well, we are each made up of half of the mothers DNA and half of the fathers – though until we test it, we don’t know which half ! By determining which portion comes from the mum, we can then be sure which DNA relates to the father and this greatly improves the statistics of an inclusion, i.e. that the man is in fact the biological father of the child.

If you have a case requiring a DNA test to establish parentage or would just like some advice on how to establish a human relationship using DNA, then please contact us, we would be pleased to help.

ABOUT THE AUTHOR:

Dr Neil Sullivan, BSc, MBA (DIC), LLM, PhD is General Manager of Complement Genomics Ltd (trading as Dadcheck®gold).

Complement Genomics Ltd (trading as Dadcheck®) is accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969.

Please see: https://dadcheckgold.com

Tel: 0191 543 6334

e-mail: sales@dadcheckgold.com

Notes

1Family Law Reform Act 1969

2Gillick vs West Norfolk and Wisbech AHA and DHSS [1985] 3 WLR (HL)

3https://www.legislation.gov.uk/ukpga/2004/30/contents; https://www.legislation.gov.uk/asp/2006/4/contents

4http://www.bristol-inquiry.org.uk/interim_report/toc.htm

5https://www.Wales.nhs.uk/documents/DH_082624.pdf

6The Children Act 1989, s3(1)

Relationships remain key in the age of technology

Personal relationships are still the heartbeat of business success, despite the increasing use of technology. Personal relationships convey how we value one another. Personal relationships enable us to have empathy with one another’s situations.

In his seminal book, “How to win friends and influence people,” Dale Carnegie wrote:

“If there is any one secret of success, it lies in the ability to get the other person’s point of view and see things from that person’s angle as well as from your own.”

Business relationships then are as much about understanding the challenges we all face in our daily encounters.

The search industry has seen significant changes in recent years. Massive consolidation has seen so many of the traditional search companies swallowed up into larger corporates. We have to find ways of differentiating our service offerings, building that trust in client relationships, and delivering services which conveyancers feel add value to their business.

Don’t get me wrong, consolidation has brought with it huge advances in technology and customer experience. Gone are the days of endlessly calling suppliers to order reports, collating them manually, printing off reams of paper and hand delivering the search to the office…. and good riddance too! With the exception of local authority searches, most of the reports are now available same day, with many returned in minutes.

The delivery platforms are slicker, smarter, more intuitive and spot potential risks that might need to be accounted for, and errors in search requests. But some of this technological advancement has come at the expense of good, old-fashioned customer service. The personal touch.

Do we rely on technology too much? Are chat bots, apps and portals what our clients really want and need? What happens when things go wrong? People need reassurance, they need to be able to pick up the phone, or send an email, and feel as though somebody is taking a personal interest in resolving their issue rather than “chat” to a faceless bot or send messages via portals.

I recently won back a client from a rival supplier. When I asked what it was that brought them back to us they said that they felt as though they were a number, rather than a client. It was the personal touch that was missing from their communications; they didn’t feel as though they ever spoke to the same person twice. There wasn’t a familiar voice at the end of phone when things went wrong (as things inevitably do in conveyancing!).

In our experience 90% of orders go through with little to no intervention required. But that 10% is where relationships are made and broken. This is where knowledge, experience, and expertise really make a difference. Recognising that the conveyancer is almost certainly under pressure, whether it be from the client, agent or the other side, and being able to take that weight off and deal with the issue through to completion is a critical part of the business relationship.

Whether it’s a query on a report back which requires clarification, or chasing up an expedited service. It’s about trusting that the job is going to get done right, first time.

Winning friends and influencing people is all about understanding their situation and being empathetic to their challenges while excelling at service delivery

2022 in Review: Expert Evidence under scrutiny

I’ve been taking a look at the assessments of reports undertaken by the Membership Committee and there are two areas that seem to cause more issues than others. The first is around instructions. Remember that you do need to make clear the instructions you have received from your instructing party. This is also a good method for checking to make sure you have answered all the queries asked of you.

5. Make sure you offer a range of opinion and, if you can’t, state why

The second area that seems to get marked down is the range of opinion with applicants not providing a range of opinion and not stating why they cannot give a range of opinion. Sometimes it is right that you cannot offer a range of opinion, but you should be stating why this is the case.

As the year draws to a close, I can’t help but think that it has been an interesting year for Expert Witnesses. There have been several high-profile cases which have reflected the best and worst in Expert Evidence. But one thing seems clear, the number of judgments which mention Expert Witnesses and their conduct is definitely on the rise. And unfortunately, the negative comments in judgments outweigh the positives.

But this is to be expected. It is normally when things go wrong that the Judge will comment on the conduct of the expert. And whilst we have highlighted many a judgment where this is the case, I am choosing to be positive and focus on my top ten takeaways for the year.

1. Always maintain impartiality

To borrow a line from a well-known Christmas song, “although it’s been said many times, many ways” ensure you always maintain your independence. If you are unsure whether you are straying, ask yourself – would I have the same opinion if I was instructed by the other side. Nothing harms your credibility more than being partisan.

2. Be credible and declare possible conflicts of interest

And on that note, be aware that the opposing side may try to attack your credibility so don’t give them any ammunition with which to take a shot. If you think there is a possible conflict of interest, raise this with your instructing party immediately and take advice.

It was nice to see a judge rejecting one such claim where counsel attacked an expert’s credibility (https://www.ewi. org.uk/News/attack-on-experts-credibilityrejected).

3. Take time to consider any unconscious biases which may impact on your opinion

When you are assessing a claimant, visiting a site, considering the evidence, are you unconsciously projecting your own biases into the case? Take time to find out about unconscious bias (https:// www.ewi.org.uk/News/ewi-in-conversationwith-frederico-singarajah-unconcious-bias) and how you can avoid it.

4. Make clear the substance of your instructions

6. Make sure your declarations at the end of your report are up to date Spend the time to make sure you are using the most up to date declarations. Doing so enables you to retain credibility. The wrong one could undermine you in court during cross examination.

If you are in any doubt, you can access supporting guidance from our knowledge hub at https://www.ewi.org.uk/ Knowledge-Hub

7. Remember that the Joint Statement is the Expert’s write up of their discussion Don’t be tempted to invite your instructing party or counsel to look at or make suggestions on the draft of the Joint Statement. This is your statement to assist the court in narrowing down the issues that are still in contention.

And if they ask to be involved, stay strong and tell them to step back.

Patricia Andrews & Ors v Kronospan Limited [2022] EWHC 479 (QB) and Gary Pickett v David Balkind [2022] EWHC 2226 (TCC) are both salutary

reminders of what can happen if you do not heed the advice.

8. Be open – and get any communication with other parties in writing. Transparency and accountability are key: whatever is done needs to be done overtly.

9. Make sure you assist the court Remember that you are helping the court understand the issues. In his keynote speech at our conference this year, Lord Hamblen suggested the best way to achieve this was through clarity, structure, reasoning, and by building trust and confidence.

Some nice examples of where experts have done this include the following:

“He gave his evidence in a forthright

and measured manner. He answered the questions put to him clearly accepting the limits of his knowledge in relation to certain matters. He made concessions in relation to certain items such as betterment to the boiler installation and the extent of the alleged furniture damage. I think that overall Mr. Lane was seeking to assist the Court and that he well understood that he had an independent role to perform.”

- Coldunell Limited V Hotel Management International Ltd

And congratulations to EWI Member, Jill Ferrie, who was mentioned in a recent judgment as being “a balanced and helpful expert”.

10. Keep up to date with the latest developments in Expert Evidence And finally…. Whilst you are all (I

am sure) keeping up to date with the latest developments in your areas of expertise, make sure you also take time to consider the latest case updates in Expert Evidence. At the least keep an eye on our monthly e-newsletter to identify key things you need to be aware of. But don’t forget that EWI Members now have access to a wide range of older (but still highly relevant) pre-recorded webinars.

Keeping up to date with your professional development is an essential part of maintaining your credibility as an Expert Witness.

So with that I wish you every success as we head into 2023.

Simon Berney-Edwards EWI

Forensic accountants in matrimonial cases

The point is that an expert can produce a report and give evidence at a hearing only with the court’s permission.

Ireceive many requests for help in family cases, often several times a week, typically from the wife who considers that her husband is not making full and correct disclosure of his financial affairs. What am I able to do to help them? This is a personal note setting out my understanding of the position, and I provide it here so as to avoid the need to give the same explanation repeatedly to those many unfortunate ladies.

Typically, a lady does a Google search where my name comes well up on page one. She looks at my website, views the videos, reads the war stories, and concludes that I am a helpful character with a wealth of experience (I am, I am!) who can help them to find the husband’s hidden assets or the lies in his disclosure.

In the old days, that was certainly the case, and I have had some stunning successes, as may be seen in my case studies - https:// chrismakin.co.uk/case-study/matrimonial/. But these days it’s different. Except in the multi-million pound cases seen in the national press, or where a party is so blatantly dishonest that the court recognises the need for an investigation – and this is very rare – the court will only approve the appointment of a forensic accountant to act as a Single Joint Expert (SJE), who acts for both spouses, but with an overriding duty to the court.

This works well where the main function of that expert is to value the business which one party will be taking out of the marriage on a clean break (see Case 3 in my matrimonial case studies – “Divorce the spouses, but don’t divorce the companies”) - I have done hundreds of such valuations – or where an expert is required to opine on the ability of one self-employed spouse to pay maintenance to the other. But where there is serious doubt about a spouse’s disclosure, but not egregious enough for the court to recognise the need for an investigation by a forensic accountant, two main difficulties arise.

The first is that if the wife or her lawyer thinks that I would be a suitable SJE and puts my name to the other side, I would be typecast as the wife’s man, and the husband would want his own man. Result: deadlock, which can be resolved only by one side or the other giving in, or by both sides putting their expert’s CV before the court for the judge to decide who shall be the SJE. And that leads to delay and expense.

There is an alternative: the forensic accountant can act as expert adviser. He is not on the court record, but works in the background, providing assistance to the lady’s lawyers. He cannot appear at court (except in the background, perhaps passing notes to the barrister), and there is no prospect of the husband being ordered to pay any part of that accountant’s fees. And the investigating accountant can use only the evidence produced, which may be limited.

So to conclude, if a business valuation is required for a clean break, I can act as SJE as I have done many, many times before. And within limitations, I can act as expert adviser. But for me to act on the record as expert for one party, the other spouse’s shortcomings in disclosure would have to be egregious (outstandingly bad or shocking) and if that situation is suspected, I would recommend that the party concerned should first speak to their lawyers, not to me, about whether the court might appoint a party expert acting just for that side.

I remind readers that I offer an initial review of any case without obligation (see “How long’s a piece of string” on my fees page at https://chrismakin.co.uk/fees-and-gdpr/), but that review should be done only when the lawyer considers there is a chance of the court agreeing to have a party expert.

Of course, if a straightforward business valuation is needed, I’m your man!

Biog: Chris Makin has practised as a forensic accountant and expert witness for 30 years, latterly as Head of Litigation Support at a national firm. He has given expert evidence about 100 times. He also performs expert determinations.

Chris is a fellow of the Institute of Chartered Accountants where he has served on the Forensic Committee, and as an ethical counsellor; he is a fellow of the Chartered Management Institute, a fellow of the Academy of Experts where he serves on the Investigations Committee, and a mediator accredited by the Chartered Arbitrators.

He practises as a mediator, from his home in West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH, telephone 020 7430 0333. He has mediated 100+ cases so far, on a huge range of subjects, with a settlement rate to date of 80%. For more see his website with videos:

www.chrismakin.co.uk

chris@chrismakin.co.uk

Why 2023 is a great time to start a law firm

The thought of setting up a new law firm during a time of recession may sound high risk and cavalier. However global change, even a crisis such as the recent pandemic, provides opportunities as well as challenges. The winners will be those who adapt the quickest and respond to change, rather than resist it.

The motivation of most lawyers, whether they entered the profession to help others, for the career opportunities, intellectual challenges or for financial reward, is often to become a partner and ultimately run their own firm.

Over the past few years, many legal practitioners have been weighing up their options, making initial enquiries and starting to consider what running their own legal practice might look like.

Recessions are well known for motivating people to start up in business. The numbers of new businesses launched in the UK in 2020 during the challenging times of the pandemic outpaced the global average, in what has been described as a ‘wave of entrepreneurialism’. After experiencing such a world altering event that has impacted how we operate both personally and in the workplace, it is no surprise that many professionals are reviewing their career choices.

Here are three reasons why it could be a great time to set up a law firm.

A change in culture

One of the biggest and most documented changes that the pandemic has driven is the switch to remote working and in the years following the start of the pandemic, this has become far more commonplace and often the norm for professionals.

Consumers no longer question conducting video meetings with their service provider and many may well

actually prefer this to visiting offices. This means that opening an office to launch a law firm is no longer a necessity, and a client will no longer associate this as part of the firm’s value proposition.

Working virtually offers the opportunity to work with clients from further afield. Using meeting software such as Zoom and Microsoft Teams is now second nature, proving that communication and collaboration with clients and colleagues can be much simpler.

There is now a wave of smart start-up firms that have embraced innovation such as video calling, online digital payments, document sharing, e-signatures and document-bundling solutions. It is this digital engagement that prospective clients will now see as essential when choosing who to place future business with.

Affordable technology

The first item on any new law firm’s shopping list has changed dramatically in recent years. While it used to be the office lease, printing and copying machines or precedent guides, it is now, unquestionably in my experience, a case management and accounting system (CMS).

The data held within the system ultimately represents the firm’s most valuable assets. With a sophisticated CMS in place, the only technology really needed to start a law firm is a good laptop, a subscription to Office 365 and access to the internet.

With the right practice management solution, new lawyers can digitise all client matter communications, capture time and activities, share and collaborate on documents, bill and invoice in a few simple steps and perform SRA compliant accounting, and more – all for the monthly cost of a romantic meal for two!

Attracting new talent

At a time where we’re seeing legal practitioners reviewing new career opportunities, starting a law firm provides the opportunity to create a business that will appeal to new talented junior lawyers who could become future partners of the firm.

The competition to attract and retain staff is more intense than ever, but through smart use of affordable and effective technology, firms can scale up to meet demand and profit through any unpredictability over the coming years.

Often great things are formed in adversity and no matter how new they are, smaller, more agile businesses can react, adjust quickly and adapt to meet the requirements of a changing environment. For more information, please visit www. LEAP.co.uk.

Gareth Walker, CEO, LEAP UK

About LEAP

LEAP Legal Software has been helping small to mid-sized law firms to become more efficient and profitable globally for more than 25 years. LEAP is committed to consistently providing world-class legal practice productivity solutions and has innovation at the heart of its research and development so that users continually have the best possible experience.

Occupying a unique position in the legal software market, LEAP includes legal case management, legal accounting, document assembly, document management and legal publishing assets in one solution. Its software is designed to streamline tasks such as matter management, time recording document management, email management, automated forms, client accounting, billing, reporting and remote working.

Sunset clause extension necessary, Law Society counsels government

The Retained EU Law Bill would rock legal certainty in the UK and undermine the country’s status as an internationally competitive business environment, the Law Society of England and Wales said as the bill enters its final stage in the House of Commons on 18 January 2023.

Law Society President Lubna Shuja said: “The speed at which government proposes to review retained EU law is a recipe for bad law-making.

“As it stands, the bill would entail bypassing parliamentary scrutiny and stakeholder consultation by giving ministers the power to independently revoke, restate, replace or update retained EU law.

“The net result of this unnecessary haste and over-reach is likely to be a period of uncertainty over the status of regulations that would affect consumers, business, government departments and the courts.

“The Law Society urges government to extend the timeline for reform and remove the deadline of 31 December 2023 for reviewing retained law.

“If enacted as is, the bill could lead to different interpretations of the law by different courts, and to the nations of the UK enforcing different regulations. This would not only unbalance the devolution settlements, it could also lead to legal confusion for businesses and consumers for decades to come.

“Clause 7 takes the highly unusual step of giving powers to the law officers – the attorney general, the solicitor general and the advocate general – to interfere in civil litigation after a case has concluded. This is contrary to the interests of justice and the rule of law.

“Our members – solicitors – are particularly concerned workers could lose access to longestablished rights that now form an integral part of Britain’s reputation as a fair society, such as holiday pay or protection against fire and rehire.

“We call on the government to publish an exhaustive list of every piece of legislation being revoked under the sunset clause, to ensure adequate scrutiny of what will be lost.”

YouGov poll: Legal firms are failing to support employees with mental health and wellbeing

Many legal firms are failing to support the mental health and wellbeing of their employees, a survey of companies and staff has revealed.

Despite a strong demand for help with the cost-of-living crisis and stress and anxiety, employers saw supporting staff morale as low on their list of priorities, according to the YouGov poll.

Where support was offered, in the form of wellbeing advice and counselling, takeup was low, suggesting it did not always meet the needs of staff, the findings reveal.

The online poll of 3000 British employers and employees – commissioned by welltech company Frog Systems and conducted last December – showed that 59% of legal firm staff required support for stress and anxiety, while 44% said they needed help to get through the cost-ofliving crisis.

In addition, 51% said they would benefit from support from their employer to help cope with grief and loss.

However, only 37% of the legal firms surveyed said they regarded improving staff morale or encouraging healthier lifestyles as their responsibility, according to the poll. They listed attracting and retaining talent and improving productivity as their main priorities.

The survey also highlighted that, while outlay on support for staff mental health and wellness was higher than in other sectors, only 23% of employers in the legal and professional services sectors more generally spent nothing at all, and 35% spent £100 or less, per-employee-per-year.

When asked who they would go to for help, only 2% of legal staff said they felt confident about going to their boss or a work colleague if they had a problem in their personal life or with their finances. More people said they would search the Internet before going to their line manager with an issue.

Those working with law firms and their staff to address employee wellbeing said

the findings demonstrated an urgent need to address a growing problem.

Elizabeth Rimmer, CEO of LawCare – a mental wellbeing charity for the legal profession –said: “Despite the range of wellbeing supports on offer in law firms, it is telling that in this poll only 2% of legal professionals would feel confident in talking about their wellbeing with colleagues.

“EAP programmes, educational seminars, mindfulness, and gym sessions don’t create a working environment that is psychologically safe, where people feel valued and able to talk with colleagues about concerns. It is time to widen the approach to wellbeing from a focus on individuals to looking at how organisations foster a culture that supports the mental wellbeing of their people, and this responsibility lies in the boardroom.”

Henrietta Jowitt, an advisor to the Mind Forward Alliance and a former CBI deputy director general, said: “Most leaders are focussed on attracting and retaining talent and improving productivity, and yet a third of them spend nothing on employee wellbeing. They need to make this connection.

“Wellbeing is an output – it is the result of a whole range of inputs that support your people. It is not a package, off the shelf. If you don’t understand your colleagues’ needs and look after their wellbeing, so that they feel they are safe, belong and are supported in a way that works for them, they will neither stay nor produce their best work.”

Psychologist Peter Abrahamsen, who works with stressed lawyers, said: “My typical lawyer client is at crisis point from excessive and sustained pressure at work

directly affecting their mental and physical health. They are disillusioned by their profession and struggle with the effects on their home life which is often falling apart.”

Compared with staff in some other sectors, those working in the legal sector and professional services appeared to receive similar benefits focused on traditional offerings such as Employee Assistance Programmes, life insurance, private medical care and perks and discounts, however only around one in four used them if at all.

Phil Worms, CEO of Frog Systems, said the report showed a gulf in trust in the workplace around wellbeing support for employees.

“Whilst many employers seem to understand the emotional and physical challenges being faced by their employees, they don’t appear to be able to provide the right wellbeing tools and information to support them.

“Solutions which are reactive, standalone, ‘tick box,’ not trusted, or do not provide sufficient insight will not enable the deployment of early intervention and support strategies.

“By listening to, and understanding what employees need, companies can start to build stronger, more empathetic, and productive work environments. Access to wellbeing support should not be a lottery or a privilege.”

• Frog Systems is a welltech company that was founded in 2015.

• The Company provides first line support to employees through its Ashia digital platform.

• Frog Systems is the first wellbeing provider in the UK to have achieved the internationally recognised We Invest in Wellbeing Gold accreditation from Investors in People.

• Frog Systems has raised over £2.1M in private equity funds to date.