Fact Sheet: Update on Telecommunications Infrastructure (Leasehold Property) Bill 2019-21

The Johnson government plans to roll out UK-wide gigabit-capable broadband by 2025.

The Telecommunications Infrastructure (Leasehold Property) Bill 2019-21 is set to amend the 2017 Electronic Communications Code, so as to streamline the process by which network operators may gain access to multi-let residential properties.

It is hoped this will deal with the particular problem of the landlord who is unresponsive to requests to allow access.

Fact Sheet: Renegotiation – An art not a science

Chances are, that as a result of COVID-19, you are either going to have to seek to renegotiate your agreements with another party or deal with parties wishing to do so with you.

In respect of renegotiation, here are some points to consider…

Fact Sheet: Covid-19 – Should commercial tenants still pay the rent?

Yes they should, where possible, but less than 30% of commercial property rent was received by landlords for the March 2020 quarter.

There is an urban myth in circulation that tenants no longer need to pay their rent to landlords; that the government has instructed them not to; that they can shut up shop, cancel the rent payment, and with any luck, pick up where they left off when things are back to “normal”.

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.

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.

Press Release: Conexus Law announces new team

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 announced a number of senior appointments that are joining founder, Ed Cooke.

Emma Cordiner specialises in Real Estate & Data Centre Leasing with over 15 years’ experience in the world of commercial real estate transactions, both in the UK and internationally. This includes acting for datacentre industry clients, advising during the negotiation and legal transaction phases of securing space in data centres to create global networks spanning multiple jurisdictions.

Husna Patel specialises in construction and engineering law with a strong legal background in transactional and advisory work. She has worked in-house at a global electrical equipment suppliers who frequently supply the technology and data centre sectors, and so has seen negotiations from both sides. Projects include commercial and residential property development, technology projects such as data centres, on- and off-shore wind farms, bio mass and bio fuel plants, and land remediation projects in the UK and internationally. She has particular expertise with engineering and international contracts, such as those based on FIDIC.

Marilyn Heward-Mills has over 20 years of employment law experience focusing on contentious and non-contentious matters. She started at the predecessor to WilmerHale in 1996 as a dual-qualified English and US lawyer. Marilyn is also a published fiction author and a qualified therapeutic counsellor.

Philip Brown has over 15 years’ experience as a lawyer working in the technology sector. His clients include data centres, telecommunications providers, software developers and platform providers and their customers. He has put cloud and software platforms into some of the biggest global brands and advised on telecommunications systems arrangements within the nuclear sector and consumer-facing technology providers.

Commenting on the new team Ed Cooke, founder at Conexus Law, said: “Conexus Law is founded on the belief that we can only deliver the best counsel if we have a strong understanding of the sectors’ challenges and the underlying technology and processes. Therefore, every member of the team has specific industry expertise and is a leader in their field. I am extremely proud of this amazing group of people and look forward to welcoming others as we continue to grow.”