Sponsored by: mfg Solicitors
Legal
Key to fixing housing is supporting the elderly
A Birmingham law firm has stepped into the ongoing debate about how to deal with the growing numbers of over-65s, and in particular how that impacts on the housing market. Shakespeare Martineau has
carried out a survey among 200 key figures from what it calls the ‘later living sector’, and a massive 97 per cent of respondents said that the issue of ‘later living accommodation’ was the key to fixing the housing crisis. The survey was carried out in
conjunction with the Housing Learning and Improvement Network (Housing LIN), and the main solutions which were recommended by respondents were: more Government funding, changes to planning laws and a Retirement Villages Act. The survey respondents were
from private developers, registered providers, local authorities, care operators, architects, charities and voluntary organisations. The survey was carried out
against a background of growing numbers of over-65s but far less retirement properties being built. In Birmingham alone, the
number of over-65s is predicted to increase by more than 22,000 by 2027, with these seniors making up 14 per cent of the city’s total population. According to a House of Commons briefing from
register, which would offer financial incentives for older people looking to downsize. Combined with a re-think of the
function of Stamp Duty Land Tax – which Shakespeare said was ‘a significant barrier to rightsizing’ – help to retire would make a significant difference in the later living market. Louise Drew, head of real estate
at Shakespeare Martineau, said: “The West Midlands is one of the fastest growing regions in the UK, and we should be leading the way with housing too. “We have a real multi-faceted
Louise Drew: UK’s approach to later living is ‘woefully inadequate’
December last year, just 10,000 specific retirement properties were built in the West Midlands between 2009 and 2018. One of the key findings of the
research was an eagerness within the ‘later living sector’ to champion the benefits of ‘rightsizing’, which is jargon for senior citizens moving out of their homes into something ‘more suitable’. Some 93 per cent of respondents
were keen on this and thought it would grow in popularity in the coming years. Central to this issue is the idea of a ‘help to retire’
problem: how do we provide both adequate homes for local families and younger people, as well as suitable accommodation for the ever-growing ageing population? “We must tap into the needs of
the later living market and show that the days of housing for older people being limited to residential care and sheltered accommodation are over. “As one of the leading global
nations, the UK’s strategic approach to later living is woefully inadequate, poorly classified and offers no clarity on the choices available to older consumers, nor market certainty to investors, developers and operators. This can – and must – change. The benefits will be felt across all levels of society.”
Clarity provided on parental pay
Businesses who offer enhanced maternity pay can breathe easy following a landmark ruling on parental pay discrimination, according to a Sutton Coldfield HR expert. The Court of Appeal found in favour of
Capita and the chief constable of Leicestershire Police, who had been accused of discrimination for not offering fathers on shared parental leave (SPL) the equivalent of the enhanced maternity pay offered to mothers on maternity leave. Sara Abbott (right), from The HR
Dept North Birmingham, says in both cases the judge’s reasoning was that maternity leave and shared paternity leave are not comparable. She explained: “The question at the heart of
the case was, ‘Is sex discrimination or a breach of equal pay legislation occurring?’. “The judge said ‘no’, reasoning that employers are
not in the wrong because on a like-for-like basis maternity leave and SPL are not comparable. The key distinction, the judge stated, is that maternity leave is reserved for women who’ve given birth.
“It is designed to allow them to recover, and gives
time to begin breastfeeding, develop their ‘special bond’ and care for the new-born. SPL on the other hand is designed to aid parents in making practical childcare arrangements.” The judge reinforced this logic with a host of other differences that exist between the two types of leave. However, while the ruling is based
on the difference between maternity leave and SPL, it does not provide protection to employers offering unequal pay to male and female employees solely within SPL. Sara added: “If this decision had
gone the other way, it would have put a big burden on businesses, particularly
SMEs. “The fear was that rather than uplift shared
parental leave pay for fathers they would remove the enhanced benefit associated with maternity pay, if they were offering it. “Now business owners who wish to offer enhanced
maternity pay (and the mothers-to-be who work for them) can breathe easy.”
Clare Lang, partner mfg
Step up data protection due diligence on acquisitions
Birmingham law firm mfg Solicitors has warned businesses who are on the acquisition trail to increase their data protection due diligence after the Information Commissioner’s Office (ICO) filed notice that it intends to fine Marriott Hotels nearly £100m for GDPR infringements. Marriott acquired Starwood
Hotels in 2016, creating the world’s largest hotel chain. However, a breach of GDPR in 2014 was exposed last year with around 339 million guest records being mishandled. After extensive investigations, the ICO found Marriott failed to undertake sufficient due diligence when it purchased Starwood and should have done more to ensure its IT systems were secure.
‘The ICO’s notice of intention to penalise Marriott is a stark warning of the risks of inadequate pre- sale investigation’
Clare Lang, a partner in
mfg’s corporate team and an expert in business acquisitions, said: “We cannot emphasise enough the importance of buyers undertaking proper due diligence in relation to data protection. “The ICO’s notice of
intention to penalise Marriott is a stark warning of the risks of inadequate pre-sale investigation.”
For advice, contact Clare Lang at the Jewellery Quarter firm by email:
clare.lang@
mfgsolicitors.com or telephone 0121 236 7388.
October 2019 CHAMBERLINK 75
Sector Focus
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