Landlords urged to be aware of ‘Faster Broadband’ legislation, FM Briefing

Landlords are being advised to be aware of forthcoming legislation designed to assist in the Government’s commitment to the roll out of faster more resilient broadband across the UK by 2025.

The call comes from specialist advisory firm Conexus Law as a reminder about the Telecommunications Infrastructure (Leasehold Property) Bill 2019-21, which is set to amend the 2017 Electronic Communications Code to streamline the process by which network operators may gain access to multi-let residential properties.

It is hoped this will help to deal with the particular problem of the landlord who is unresponsive to requests to allow access, something that is recognised as a major obstacle to meeting the Government’s target.

Emma Cordiner at Conexus Law said: “Though it is difficult to argue against the motivation for the bill, some private landlords may see it as bordering on the draconian. However, timely responsiveness and collaboration by landlords should avoid forceful operator action, so now (as ever) would be the time for all landlords to adopt good habits and pay closer attention to any operator requests for access to install infrastructure.

“At this stage, landlords need to have the bill on their radars, and in spite of the bill, might do well to plan the implementation of broadband infrastructure policies for their buildings, with one eye on a forthcoming need to be more responsive to operator requests. Ultimately a well-managed property with the best of broadband capability will only ever be an attractive prospect to tenants.”

Source: facilitiesmanagementforum.co.uk/landlords-urged-to-be-aware-of-faster-broadband-legislation

Contract concerns? Digitalisation World

Conexus Law offers the latest guidance for companies.

“Life and business has got a lot more difficult and complicated since the classification of COVID-19 as a pandemic. As a result, all businesses are or will be looking at their financial and logistical obligations to third parties.”

This is according to Ian Timlin from Conexus Law, the specialist advisory firm that provides legal and commercial advice to clients who work in sectors where the built environment, technology, engineering and people converge.

In the latest free guidance sheet that can be found on the company’s website, he is advising companies that as a first step they should check their written contracts to see if they contain any terms can help clarify things. These may include force majeure, material adverse change clauses and general break clauses.

“Companies may also want to look to see if the counterparty to the contract is going to find it difficult or impossible to perform its own obligations now or in the future (particularly in the short term). That may give them scope to negotiate sensible variations all round,” suggests Ian.

Source: digitalisationworld.com/news/58929/contract-concerns

Fact Sheet: Managing a dispersed workforce

During this prolonged period of lock down you may be managing a dispersed workforce for the first time, including many individuals who have never worked from home.

More than ever, you might need to consider being flexible with your employees, particularly those who are not used to working from home, and who may have conflicted obligations on their time and space.

Meaningful, open and regular communication will help to keep your workforce feeling supported and will help them remain engaged and motivated.

Fact Sheet: Managing your workforce during the current pandemic and economic downturn

During this health and economic crisis, it is likely most employers will need to consider ways to reduce their workforce and commensurate costs.

In addition to redundancy, some employers may have the contractual right to lay-off staff or to implement short-time working.

Employers could also consider amending terms and conditions of employment to reduce hours and pay, thereby reducing overall costs but preserving the workforce.

The government’s job retention furlough scheme is available to protect qualifying employees, which in many cases, might provide a suitable alternative to redundancy.

Although there is guidance on how the scheme will operate, the government has announced it will not be up and running until the end of April. (This topic is covered in a separate Factsheet).

If you decide to reduce your workforce or wish to make changes to their terms of employment, it is advisable to communicate clearly with all affected individuals as soon as possible.

Involving them as far as possible in any discussions will greatly benefit employee relations and increase the likelihood of obtaining their agreement to the changes you deem best for the long term future of the business.

It is important that you do not take any action in response to the pandemic that amounts to discrimination, whether inadvertently or otherwise.

Fact Sheet: Health and safety obligations for employers related to Covid-19

As an employer you have a duty of care to your employees and should continue to take all reasonably practicable steps to ensure their health, safety and wellbeing. This applies whether they are working from your premises or elsewhere.

At a time of global distress and uncertainty, demonstrating concern for the physical, emotional and psychological health of your staff is not just about complying with your legal requirements – it makes good business sense too.

Showing that you care for your employees will build trust, reinforce your commitment to them, and maintain engagement, morale and productivity. It will also help ensure you have a committed workforce once the current economic challenges and constraints of the pandemic are over.

Fact Sheet: Struggling to meet your contractual obligations? What are the issues and options?

Life and business has got a lot more difficult and complicated since the classification of COVID-19 as a pandemic.

As a result, all businesses have or will be looking at their financial and logistical obligations to third parties.

If you are struggling to meet any of those obligations, please consider this guidance to see if you can implement any of our suggestions.

Fact Sheet: Employment matters to consider during the current economic and health crisis

The impact of the coronavirus outbreak will be more significant and longer lasting than was first imagined.

With that in mind businesses should focus primarily upon the health and wellbeing of their teams, and what they can do operationally to minimise the spread of the virus.

Governments across the world continue to issue guidance, and mandate actions that businesses and individuals must take to support this effort.

This is a fast-moving landscape, with new legislation being introduced at record speed.

We are working hard to keep our clients up to date.

This note provides some practical steps that may be taken by businesses in relation to their employees and working practices.

Conexus Law appoints dispute resolution specialist to support companies during the COVID-19 pandemic

Conexus Law, the specialist advisory firm that provides legal and commercial advice to clients who work in sectors where the built environment, technology, engineering and people converge, has appointed a specialist dispute resolution and commercial litigation lawyer.

Ian Timlin brings with him nearly 30 years’ experience including acting for long standing technology clients in the following sectors: data centres, document management, telephony, car parking and young driver insurance. Career highlights include: leading and completing the successful settlement of complex multi-party multi-insurer construction claims including recovering £21m from a FTSE 100 construction company, architect and their insurers following mediation.

Ian Timlin said: “I have been a CEDR Accredited Mediator since 2000 and feel strongly that discussion and negotiation are often the primary tool in resolving disputes and Court proceedings. This is particularly important during this pandemic where companies, businesses and individuals need to work together to get the best possible outcome and maintain good working relationships for when this is all over.”

Ed Cooke, founder at Conexus Law, said: “Ian’s clients comment that he is straight talking, tough (when necessary), practical, tenacious and ultimately very commercial in getting disputes resolved. He is a great asset to our growing team and will be invaluable in helping our clients both through these unprecedented times and after as we start the process of rebuilding.”

Ian was previously an equity partner at Maxwell Batley on Chancery Lane and at City law firm, Speechly Bircham, and the Group Legal Director for a large offshore property development, investment and construction group based in the Channel Islands.

He is also an accomplished sports lawyer, with particular and significant experience in the world of motorsport, advising in respect of disputes and putting in place a myriad of commercial contracts in that sector.

Fact Sheet: The effect of Coronavirus on contractual obligations

The Covid-19 coronavirus outbreak is already having a significant impact on many individuals and many businesses. Unfortunately, it is becoming clearer that the impact will likely be more significant and longer lasting than we may have imagined at first.

Primarily, businesses should be focussed upon the health and wellbeing of their teams, and what they can do operationally to minimise the spread of the virus. Governments across the world are issuing guidance, and mandating actions that businesses and individuals must take to support this effort.

This is a fast-moving landscape. We are working hard to keep our clients up to date.

This note provides legal analysis alongside some valuable, practical steps that may be taken by parties who find the impact of Covid-19 affects their ability to meet contractual obligations owed to others (upstream), or who find that their trading partners can no longer meet the obligations owed to them (downstream).

In the modern commercial world, businesses are also more reliant on trading partners and long “just in time” supply chains in order to fulfil their contractual obligations. The impact of Covid-19 could significantly upset those finely balanced arrangements. The relationships between parties may be tested in ways they had not previously contemplated.

As trading relationships are now often global, one may have to consider a complex interplay of laws from different jurisdictions, some of which are potentially in conflict. The answers are not simple and are highly fact specific. This note gives some general legal guidance, but it is no substitute for proper legal advice – whether that advice comes from us, or your usual lawyers.

Various governments are introducing emergency legislation to provide support to businesses that may be affected by Covid-19. Some of that legislation may amend the general legal guidance provided in this note.

For countries that are key for our clients, we will endeavour to provide more detailed advice on the latest position.

The effect of Covid-19 on contractual obligations, Datacentre Solutions

Conexus Law, the specialist advisory firm that provides legal and commercial advice to clients who work in sectors where the built environment, technology, engineering and people converge, is launching a range of fact sheets on the legal implications of the Covid-19.

The first one provides legal analysis alongside some valuable, practical steps that may be taken by parties who find the impact of Covid-19 affects their ability to meet contractual obligations owed to others (upstream), or who find that their trading partners can no longer meet the obligations owed to them (downstream).

Ed Cooke, Founder at Conexus Law, said: “In the modern commercial world, businesses are often heavily reliant on trading partners and long “just in time” supply chains in order to fulfil their contractual obligations. The impact of Covid-19 could significantly upset those finely balanced arrangements and the relationships between parties may be tested in ways they had not previously contemplated.

“As trading relationships are now often global, a complex interplay of laws from different jurisdictions may also be in play, some of which are potentially in conflict. For example, English law may govern your contract with your customer, but Chinese law may govern the law of your contract with a critical supplier enabling you to perform your customer contract.”

The Conexus Law fact sheet advises that organisations identify whether there are any express provisions written into the contract which might be relevant to the Covid-19 situation. For example, there is a large section on force majeure and whether it is applicable. Other areas include certain insurances and the importance of following all relevant procedures in the policy related to claims notification and submission of claims.

“The Covid-19 coronavirus outbreak is already having a significant impact on many individuals and businesses and it is becoming clearer that the impact will likely be more significant and longer lasting than we may have imagined at first. We hope these fact sheets provide helpful guidance during these challenging times,” concludes Ed.

Source: datacentre.solutions/news/58777/the-effect-of-covid-19-on-contractual-obligations