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Brexit Implications For Employers and Employees

The historic outcome of the Brexit referendum has left many questions on the implications of this decision for employers and employees. Jessica Piper, a solicitor at Ashtons Legal, comments on pertinent issues from an employment law perspective:

Although much of UK Employment Law comes from the EU, it is ratified and binding in the UK through Acts of Parliament. As a result, there will be no wide-scale change in the event of Brexit itself, although we could see an unpicking of the legislation on a piecemeal basis going forward. Much of this will depend on the government of the day, and whether their focus is on businesses or workers themselves, but the legislation considered most at risk are aspects such as the Working Time Regulations, or the Transfer of Undertakings (Protection of Employment) Regulations.

Due to the anticipated downturn in the economy, it is likely that some employers will need to make decisions in relation to reorganisation and/or redundancy. It may be that some businesses will face the unfortunate prospect of insolvency. In such scenarios, consulting with the workforce is a crucial aspect to ensure that the business makes fair dismissals and is not further disadvantaged by facing Employment Tribunal claims. If employers are making more than 20 people redundant in any 90 day period, the more onerous collective consultation procedure must be followed.

Immigration will remain a large feature of the Brexit discussions and the question over whether free movement of people across Europe will have to remain in order for the UK to remain in the single market is certainly up for debate. Until a decision on that point is made, EU nationals continue to enjoy rights of free movement and to work in the UK without penalty. If barriers are placed on immigration from EU countries in the future, it is considered likely that new tiers will be required to assist with the levels of low-skilled workers required in this country.

While EU nationals remain part of your workforce, and with tensions in some part of the country high in relation to immigration, it is important to remember the protection afforded to individuals on the basis of nationality under the Equality Act 2010. Employers are under a duty to ensure that current and prospective employees and workers are not discriminated against or harassed due to their race, which includes nationality (although likely not immigration status) and religion. Employers should ensure that their equality and diversity, and harassment and bullying policies are up-to-date, that all staff know what behaviour is expected of them, and provide training as required. Employers should ensure that they take the action required against any employee or worker who is seen to be harassing or discriminating against another on the grounds of a protected characteristic, as they could be vicariously liable in the event of a claim.

For individual advice, please contact Jessica Piper from the Ashtons Employment Team.

Posted By: Jessica Piper.

If you have further questions then you can always "Ask Alex" by visiting her blog pages on the Cle France website or indeed contact our legal partners direct using the form on the Ashton KCJ - Legal services page here.

Ashton KCJ and Cle France.

We are proud to work in partnership with Ashton KCJ - Legal services. If we think our clients need further legal advice or have a specific legal question that needs solicitor involvement when buying or selling a property in France we can recommend...

Matthew Cameron and his team for expert advice.

If you are thinking of buying or selling a property in France, this should be an exciting time for you. But dealing with French legal matters can be extremely complex, adding unnecessary stress to your situation.

Ashton KCJ have a dedicated team of French property solicitors who will help you work through the legal issues and contracts. They will not only hold your hand through the whole legal process, but also work closely with Cle France and other relevant contacts on your behalf.

They have in-depth knowledge of French inheritance law and tax, as well as the subsequent implications on your UK estate. Ashton KCJ also understand and acknowledge family issues and the English implications of French property ownership.

Cle France clients can benefit from the reliable, efficient, expert advice that Ashton KCJ provide which is a service aimed at taking the stress out of your situation.

Ashton KCJ's French Legal Services Department is headed by Matthew Cameron who is a qualified solicitor with over 10 years’ experience in dealing with French legal issues. Matthew is supported by Jean-Paul Vovor, a Diplôme Supérieur du Notariat, and Sarah Walker on Wills, succession and inheritance tax issues. He is also assisted by Pauline Sakhrani.

To contact Ashton KCJ or if you have a specific question then simply complete the Enquiry form below:

We at Cle France specialise in Property for sale in France through our network of Agents and French Registered High Street Estate Agents. We have sold thousands of houses for sale in France over the years and have helped many find and buy their dream home in France.

We can also help you with everything to do with buying a house in France including getting a mortgage, organising currency exchange, renovation advice, property surveys, planning permission, French translation, opening a bank account and everything to do with French property sales.

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Ashton KCJ is authorised and regulated by the Solicitors Regulation Authority (Recognised Body number 45826). The information contained in this guide is of a general nature and specific advice should be sought for specific situations. We believe the information to be correct as at the time of publication, February 2013. While all possible care is taken in the preparation of this leaflet, no responsibility for loss occasioned by any person acting or refraining from acting as a result of the material contained herein can be accepted by the firm or the authors.

For everything you need to know about French property for sale visit www.clefrance.co.uk

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Farmers Ask What Now After Brexit

FARMERS AND LANDOWNERS CALL FOR COLLABORATIVE ACTION TO SECURE FUTURE OF UK AGRICULTURE POST BREXIT

There is a need for rural organisations to work collaboratively in order to present a united front to the Government on what UK agricultural needs to survive post Brexit.

This was the message from leading figures in the region’s industry who gathered at Newmarket Racecourse on Tuesday (12 July) for the ‘What Now?’ event organised by Ashtons Legal, Bidwells, Churchgates, CLA, and HSBC, and chaired by CLA Deputy President Tim Breitmeyer.

While the debate focused on a wide range of key issues, a recurring theme was the need for joined-up thinking on a subsidy system to replace the EU Common Agricultural Policy, with a proposal for a small team representing the industry to assist the Defra task force developing a strategy for the industry.

However, there was also an acknowledgement of the public’s influence and ensuring they understood the how subsidies were used by the modern farmer and landowner in not only producing affordable, quality food, but also sustaining rural communities and safeguarding the environment.

The fear was that without all stakeholders in the rural economy sharing a vision of its future as well as the support of the British public, a battle lay ahead for farmers to retain subsidies post Brexit – and to keep their businesses afloat.

In order to tackle food supply chains, many of which were long, and did not bring value to the farm gate, there was a call for an acknowledgement that discussions needed to be with wider than just with Defra, but also with the likes of BIS, UKTI, and the Food and Drink Federation.

With the threat of subsidies being withdrawn combined with volatility in the commodity markets, farm business diversification was becoming more important to help boost income. However, there was a plea for the introduction of help for rural businesses to get training so that the new skills needed to run these new ventures could be obtained.

Delegates agreed that farming also needed young people with new ideas to be encouraged to join the industry, but their start-ups needed to be encouraged with specific support and funding.

CLA East Regional Director Ben Underwood, who was part of the discussions with a number of members from across the region, said:

“The event gave delegates a chance to look at the way we use our land and then make suggestions on how we can make our agricultural sector resilient and profitable for the future.

“Our farmers are a crucial part of the food supply chain, which provides us with a safe and secure supply of food. They also have a vital role to play in improving biodiversity, securing our vital national resources, managing our landscapes, and helping meet the challenges of climate change.

“It was acknowledged that these objectives cannot be delivered without the Government’s support, and delegates want reassurance and an end to uncertainty brought about by the vote to leave the EU.

“We need a fully funded food, farming and environment policy to be in place and ready to be implemented before existing support is removed.

“It is clear that the industry also needs new ways of working, new business models and new skills. Similarly, there was a consensus that there is need to improve collaboration between food producers so move from a supply chain to a value chain in which retailers, processors and farmers can work together in new ways with each being properly rewarded.

“A volatile global market place has undermined profitability and the ability to plan for the long term, as well as make investments. Risk needs to be managed by a new policy, and there was interest in listening more to proposals for insurance protection schemes.

“A successful policy must also actively encourage the next generation to seek careers in farming and rural land management. While more can be done by the sector itself, there was agreement on the Government’s important role in supporting education and training at all levels.”

Gary Markham, Director of Farms and Estates at accountants Churchgates, which has offices in Bury St Edmunds and Huntingdon, said:

“With an overall reduction in support there will inevitably be hardship amongst some farmers. Churchgates benchmarking has shown a huge disparity in the performance of individual businesses. The potential turmoil in the industry will not only provide opportunities for the larger and better performers, but more importantly will also provide an opportunity for the lower performers to seek out joint ventures to gain economies of scale and access to business skills.”

Further meetings for the group to elaborate on the delegates’ initial thoughts and opinions are to be announced in due course, with the findings to be released to all attendees and fed into the CLA’s lobbying work with the Government.

Ashton KCJ and Cle France.

Matthew Cameron and his team for expert advice.

Cle France clients can benefit from the reliable, efficient, expert advice that Ashton KCJ provide which is a service aimed at taking the stress out of your situation.

To contact Ashton KCJ or if you have a specific question then simply complete the Enquiry form below:

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For everything you need to know about French property for sale visit www.clefrance.co.uk

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My Favorite French Recipe

My favourite French recipe, the one I use every week, if not every day, is deceptively simple. But once you begin using it, you’ll never be able to go back. There aren’t any precise measurements, but that’s what makes it special: add a little bit of this, a pinch of that, to adjust the recipe to your preferences.

I never knew how to make a delicious vinaigrette à la moutarde until my mother-in-law showed me. Now I never buy the store bought stuff, because it just isn’t as tasty.

All you need is: quelques gousses d’ail (several garlic cloves), du vinaigre balsamique (balsamic vinegar), du vinaigre de cidre (apple cider vinegar), de l’huile végétale (vegetable oil; olive oil is often too dense/heavy), des échalotes (shallots), de la moutarde de Dijon (Dijon mustard), du miel (honey), du sel (salt), et du poivre (pepper).

Mettez quelques gousses d’ail (entières ou coupées) et des échalotes coupées dans un shaker ou un bocal hermétique. Mélangez le sel, le miel, et la moutarde dans les deux vinaigres dans le shaker. Ajoutez doucement l’huile et le poivre. Mélangez.

Put several garlic cloves (whole or chopped) in a salad shaker or a closed container. Mix the salt, honey, and mustard in the two vinegars in the container. Slowly add the oil and the pepper. Shake.

As I said, the exact measures can be determined by your own preferences (taste as you go). Typically, you want double the amount of oil to the amount of vinegar (divided equally between balsamic and apple cider). If you want your dressing a little spicier, add more mustard (if you can find the French brand Maille, use this!).

If, however, you like it a bit sweeter, add a little more honey. Make sure you make the dressing in a large enough container where you can store it for the week. As you keep the dressing with the garlic and shallots, the flavour will mature over time.

Bon appétit!

Blog submitted by: Alex at The French Property Network - Cle France.

This blog was originally posted on The French Language Blog pages.

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Local Taxes in France

Question: If a concern of mine is to keep overheads ie. taxes etc as low as possible, what should I be seeking - are there any guides as to how high taxes are etc? Merci Chris.

Answer: There are two basic local property taxes in France which are, sort of, the equivalent to the UK council tax; only much cheaper of course, they are called Taxe foncière and Taxe d’Habitation. So when looking for a property to buy in France you can look at certain properties that will have low taxes compared to others that will have higher taxes.

Cle France can always confirm the taxes in advance of you committing to buy a property as of course these are 2 ‘overheads’ that cannot really be avoided and need to be paid on time to avoid fines and headaches.

Both taxes are subject to size and location so to keep these taxes down to a minimum keep the house habitable space small and the garden small as the larger the house and larger the plot size will only increase each tax. Land is more expensive in a city than in a town or a village and cheapest in the countryside so a rural location will have the lowest taxes. However some “Village Fleurie” will have high taxes if only to pay for all the flowers they display, floral villages look nice but can have high taxes for the residents and some regions are less expensive than others, keep to rural areas and avoid the South of France to keep these taxes in check.

Tax Habitation is based, in part, on the size of the property so the more ‘habitable space’ a house has the higher the Habitaion tax as it is calculated “per / m2” so one thing to consider is if you are planning to extend or renovate a property then as you increase the habitable space then you will of course increase the habitation tax.

The other and more influential aspect of this tax is it is actually linked to your income, if you live full time at the property. If you are not living full time at the property i.e. It is a holiday home then you still pay a Tax Habitation but it is basic and not linked to your earnings.

Only if the property is derelict or a complete renovation project will it be exempt from this tax and the local Mairie will be on the lookout for developments on the property especially if you have submitted and planning application so he can apply the tax to the “m2 SHON” of your finished project.

Tax Fonciere is based on the size of the plot and where the plot is of course i.e. The value of the land per / m2. So the more land you have the higher the tax and if you have a very small garden the the tax will be lower, it includes the land the house is built on so even if you have no outside space you will still be liable to a small Tax Fonciere bill.

Some time ago we published a good article that goes into more detail and explains the 2 main taxes involved with owning a property in France, Taxe Habitation and Tax Fonciere, click here or the image below to read this article in full.

For everything you need to know about French property visit www.clefrance.co.uk

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Brexit Q&A Session

In the last week or so we have had less and less calls from people asking what 'Brexit' means, it seems most people now know the reassuring fact that nothing has changed and won't change until someone in power pushes the 'Article 50' button.

We are however pointing out to our potential overseas property buyers that A Place in the Sun are planning "Brexit Q&A sessions" to take place each day at the NEC Birmingham exhibition which includes UK government representation.

The autumn exhibitions are no doubt going to be busy events as buyers look for help and advice, don't forget we have our own experts and you can always Ask Alex direct on the Cle France website any questions you have.

Some buyers will have more questions, others may want to negotiate harder but perhaps A Place in the Sun offers the best place for face-to-face advice.

Forthcoming events are:

NEC Birmingham 23rd to 25th September 2016

SECC Glasgow 29th to 30th October 2016.

Blog submitted by: David at The French Property Network - Cle France.

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