BATHWORKS News, views and the local business successes

Paul MacKenzie-Cummins wants to make social impact integral to Clearly PR

THANKS A MILLION

Clearly PR, the corporate communications, content and creative agency based on Saville Row has celebrated its seventh birthday with a pledge to become a £7 million business employing 100+ people and gifting £500,000 to environmental and social impact programs – two per cent of its total revenues – over the next seven years.

“Clearly is incredibly ambitious. Over the last three years we have tripled in size, clients, and revenues but our ability to meet our goals is wholly dependent on the outcomes we generate for each and every client,” says managing director Paul MacKenzie-Cummins. “We don’t aspire to be the ‘leading’ this or ‘best’ that. e simply want to make a di erence to the lives of the people we employ by providing them with every opportunity to progress their careers with us, the fortunes of the clients we work with through the delivery of real-world practical solutions, and the community and environment within which we all live in accordance to the pledge we have committed to.

“One of the areas we’re supporting, homelessness, is particularly close to my heart. I am a trustee on the Board of Julian House, the region’s largest homelessness and domestic abuse charity. I wanted the business to support this area for two key reasons: the pandemic has resulted in a sharp rise in the number of people who have lost their homes or s ered domestic violence, and in my late teens/early twenties, I was a so-called ‘sofa surfer’ for three years – today this is classed as being homeless.” For more: www.clearlypr.co.uk

COMPETITIVE BY NATURE

he ath alf arathon has come the fi rst r nning event in the to win a national award for sustainability. Now the proud holder of a prestigio s N D from reener estival, the ath Half underwent a detailed evidence-based assessment which included site visits, CO2 analysis, and a sustainability report putting the event’s operations and impacts under a microscope.

“Bath Half Marathon has demonstrated a passionate drive for a greener r n. he team has shown great e orts and a clear determination to boost the event's sustainability,” says Claire O’Neill, ’s co fo nder. his ward signifi es great strides on the green event journey, with continued improvements, and shows your event exhibits a signifi cant engagement with the process of red cing negative environmental impacts and enhancing positive impacts.” For more: www.bathhalf.co.uk

The Bath Half is now the UK's fi rst AGF-awarded running event

World-class conceptual artist Peter McLean has gifted a £1,000 opportunity for Ceramics student at Bath Spa

GOLDEN OPPORTUNITY

here’s a new opport nity available for talented ath Spa niversity artists. The Betty and Peter McLean Prize is open to graduating post-graduate students working predominantly with ceramics. All MA Ceramics students submitting their Masters Project module are eligible to apply for the £1,000 prize. The fund has been gifted by Bruce McLean, one of the world’s leading conceptual artists.

“I decided to give a prize to a student in the Ceramics department beca se loved the atmosphere generated by the sta , st dents and great working space,” says Bruce, who has named the new award after his parents. his is an exciting development for ath Spa niversity, helping s to b ild on o r stat s as a centre of excellence in ceramics, says Dr Conor ilson, senior lect rer in Ceramics at ath Spa niversity. or the winning st dent, the pri e will be a signifi cant fi llip, as they la nch into the world of professional practice with an exciting body of new work and a clear understanding of their approach to practice.” For more: www.bathspa.ac.uk

xxxxxxx

CLOCKWISE FROM LEFT: The Mogers Drewett team – Maeve England provided expert tips on the area of dispute resolution; Natalie Wright offered her expertise in commercial property; Sean McDonough shared his perspective on the changing employment landscape

THE FINE PRINT

Law experts from Mogers Drewett were the speakers at February’s Bath Life Business Surgery. In a Zoom session packed with advice for businesses, speakers Sean McDonough, partner and head of department, Maeve England, partner and head of litigation and disputes team, and Natalie right, associate solicitor, o ered their expert views on how contracts need to change in 2021 – for employment, commercial lets and operating outside the European Union.

How will the pandemic change employment contracts? While so much of the last 12 months has been about responding to the unforeseen, now, according to Sean McDonough, businesses should start planning ahead for life without Covid restrictions – whenever that comes. n terms of contracts, flexibility is key. Obligations that were largely fixed previo s to the pandemic – hours of work and place of work in addition to aspects like layo – will no longer be so in lots of b sinesses. he increased val e of flexibility to employers will also likely see fixed term contracts grow in popularity, as well as zero hours contracts, Sean said. t’s a trade o while increasing the flexibility of contracts gives an employer more freedom and security in the face of unforeseen circumstances, it also decreases their attractiveness to potential employees, and might impact the quality of applicants for new positions.

Times have changed, and businesses must update their contracts to reflect that.

Should commercial property lets come with a Covid clause? Attempts have been made to include so-called ‘Covid clauses’ in rental agreements for commercial leases without much success, according to associate solicitor Natalie Wright. However, there will be the need for flexibility from landlords and tenants to avoid more empty commercial buildings – which are a bad result on all sides. Renegotiation of contracts will be necessary for terms appropriate to the current environment, whether that means rent reductions d ring periods of lockdown, more flexible break clauses, shorter term let agreements or monthly rather than quarterly rent payments to reduce financial b rden on str ggling b sinesses. Creative solutions will be important, with equity sharing between landlords and commercial tenants raised as a potential solution where rent is in arrears. Such solutions require open communication and a strong business relationship between both parties, however.

What about Brexit? Amidst the struggle of the pandemic, businesses have also had to navigate exiting the European Union, which has resulted in well documented supply chain issues. As the changes are recent and ongoing, there are yet to be enough legal test challenges for general legal advice to emerge, but Maeve England, partner and head of litigation suggests reviewing contracts carefully in the event of delays. t is important to consider first the risdiction of the contract and confirm whether it is under English law and jurisdiction or not, as this will a ect its interpretation. hether or not there is a force majeure clause was raised an example of this. Force majeure, in its most basic sense, is a clause that covers unforeseeable circumstances that prevent f lfilment of a contract. nder nglish law, force majeure is not a ‘freestanding’ concept and must be explicitly included to be invoked, whereas in other countries like France, in the event a contract cannot be completed as a result of unforeseen circumstances, a force majeure is declared by default.

While times remain uncertain as the situation develops, it is key to always start with the contract, and see whether that o ers a remedy before launching into further legal action. The Bath Life Business Surgery is a regular free Zoom meeting where local businesses can access expert advice and insight from local professionals across a range of disciplines. The next is on 4 March, and will cover the 2021 Budget announcement. Follow @bathlifemag on social media for information about the latest clubs and how to sign up.

For more: Mogers Drewett, St James House The Square, Lower Bristol Road; tel: 01225 750000; www.mogersdrewett.com