Member Blog

When I was setting up The Engaging People Company, it was really important to me that ‘kindness’ became one of the core values. I wanted ‘being kind’ to underpin all that I did through my work, and in how I worked.

Because for me, kindness is absolutely integral to wellbeing and happiness: both in how we treat others – and ourselves.

When we are being kind to others, we are truly listening to them, giving them our full attention. We are giving them space to share their thoughts and ideas. We are appreciating them, and giving positive reinforcement through our words and actions – such as a smile which can convey good wishes so powerfully. We are non-judgemental. We are helping others to find solutions, without disempowering them through our words. We are looking for actions to do good, to empower happiness. We are thinking about the outcomes of our behaviours, and the impact that we have on others, and wanting this always to be positive. And we are recognising that real value comes in not what we do but in how we make people feel. There are few better feelings than knowing that one has made a difference to someone simply by being kind.

But to be kind to others, we also need to be kind to ourselves. Far too often we keep pushing ourselves against our limits, until the point when we nearly break. We set ourselves such high expectations, and then feel disappointed when we don’t achieve all that we aimed to. We often focus on the negative and don’t stop to celebrate the good, to recognise the small things we do each day that make an impact. Too often we wait for a big splash, a triumph that is worthy of our recognition. And many times our own wellbeing takes a back seat, as we prioritise task and responsibility above all else.

We can be kind to ourselves by stopping, by listening to our own needs, by taking time for the things that we want to do – not just need to do; by valuing ourselves, by demonstrably knowing that we matter. By giving ourselves recognition. By giving ourselves space – and time, especially. And when we do these things, not only are we role modelling kindness to those around us, but we are also better equipped to be kind to others.

I have gratefully noticed the many kindnesses which others have shown towards me, not least since I set up my business. There have been so many encouraging words, suggestions, ideas, thoughts, and conversations which have empowered me. And which, in turn, have reminded me of my own responsibility, to always act with kindness.

And today, on World Kindness Day, there is never a more timely reminder of the importance of kindness and how it can make a difference to ourselves, others – and perhaps even the world.

Software patterns have their roots in architecture. In 1978, Christopher Alexander published a book called ‘A Pattern Language: Towns, Buildings, Construction’ (ISBN-13: 978-0195019193) about the patterns he’d discovered designing buildings. A pattern can be thought of as a tried and tested way of doing something which can be applied in different contexts.  Think about how the Observer or Visitor pattern is implemented across languages such as Java, Ruby and JavaScript, where the different language idioms dictate slightly different implementations of the same basic pattern.

Software Patterns became popular with the publishing of the Gang of Four book, “Design patterns: elements of reusable object-oriented software” (ISBN-13: 978-0201633610) in 1994. It contains a number of patterns, most of which every developer should know, even if it’s to know to avoid the likes Singleton. However, these aren’t the only patterns! Indeed, patterns are not created, they are discovered and documented. Whole conferences are dedicated to software patterns (https://www.europlop.net/), where delegates are encouraged to bring their pattern write-ups for appraisal by their peers and the experts.

In 2000 I joined the ACCU, a group for programmers who strive for better software. I was encouraged by another member to write for the group’s magazine, but I didn’t think I’d have anything to contribute that someone better hadn’t already thought of and written about. As I gained experience I found I had quite a lot to write about and to challenge.

In the same way you’d have thought that 23 years after the Gang of Four book most if not all of the software patterns had been discovered and documented. However, it appears not and I was very surprised to find that what I’m calling the “Single CrUD Transaction” pattern, although used by many, doesn’t appear to have been written up anywhere publically. I checked with industry experts and they weren’t aware of it being written-up either.

This is my first software pattern write up and where better to share it for the first time than Norfolk Developers Magazine?

Disadvantages

• Three separate calls to the datastore within a single transaction.

The idea of “Networking” strikes fear into the heart of many techies, but Norfolk Developers Business or nor(DEV):biz is different. The idea behind the monthly meetings over dinner at the Library Restaurant is to get tech companies in Norwich and Norfolk talking to each other and referring business between themselves and from external parties. It’s not just about tech companies though, we also invite people from academia (City College Norwich was represented at a recent event and the UEA attended the very first event), those running complementary business (such as accountants, lawyers, recruiters, etc), those looking to engage software companies and even those looking to be employed by them.

“It was relaxed and much like having a good dinner with a selection of your wittiest and most worldly wise friends !”

– Chris Sargisson, CEO Norfolk Chamber

Norwich has networking events coming out of its ears. nor(DEV):biz is different, not just because of the tech focus, but also because of the people who attend. Over the years Norfolk Developers has attracted the biggest personalities in the community (that’s you Dom Davis!) including many senior tech business owners. Yes, everyone has their one minute to speak to the group about who they are, what they do and what they’re looking for, but there’s no bell when your time is up and there’s humour, passion and interaction from the entire group. This isn’t just networking, this is building, bonding and rapport with people you may well work with in the future. It’s more than that, this is fun and raucous and entertaining. It’s a night out with friends rather than a pressure cooker for sales.

“Great event .Who would have thought that by having dinner with a bunch of techies I would learn that tomato ketchup is the best thing for smelly dog issues.. it just shows, never judge a book by its cover.”

– Chris Marsh, AT&A BUSINESS INSURANCE BROKERS

At each nor(DEV):biz a member has the opportunity, not the obligation, to do a 15 minute spotlight. This is beyond their one minute and the opportunity to give a more in depth overview of their business or something they are passionate about.

“Great evening arranged by Paul Grenyer and Dom Davis for the Norfolk Developers group. My highlight was Nikki and Tom Bool integrating the basics of Dog Training skills with leading a team in the workplace!”

– Anthony Pryke, Barclays

For this, the fourth nor(DEV):biz, the spotlight was given by Nikki and Tom Bool. Nikki is a puppy trainer, while Tom runs a language services business, specialising in helping businesses market themselves and grow internationally. Nikki explained how to use positive reinforcement to encourage the right behaviour in puppies, with some hilarious anecdotes. Tom went on to describe how similar techniques can be used to help foster the desired behaviour in the people you work with. The spotlight fulfilled my favourite criteria by being both informative and entertaining.

“What a smashing group of people and thoroughly enjoyable puppy behaviours reflection on office management. “

– Mike Peters, Evoke Systems

You know you’re onto a winner when you have to encourage people to leave and the conversation has moved from the table to a huddle by the doorway.  I’m already looking forward to the next nor(DEV):biz in November where we’re hoping to hear from Laura Flood and Anietie Ukpabio of City College, Norwich, about the young people they’re training to be software engineers.

If you’d like to attend nor(DEV):biz, please drop Paul an email on paul@norfolkdevelopers.com

In the first of our GDPR series, we begin by looking at why it’s here, what it is and why it’s important.

Why protect personal data? “Data is the new oil!” has become the rallying cry of this century’s barons of commerce. This slogan of our times has adorned countless articles in print media, formed the basis of TED Talks and is probably emblazoned on Mark Zuckerberg’s pyjamas. But the comparison is fair as, much like its predecessor, data has lubricated the explosion of the modern digital economy. So much so that the five most valuable companies in the world (Apple, Amazon, Facebook, Microsoft and Google) all share the same common DNA as skilled practitioners of turning data into a rich, profitable commodity.

Much as oil was, once upon a time, just bits of dead vegetation and dinosaurs, personal information was also an untapped resource, which had yet to be realised and refined from its natural state. To labour an already tired analogy, oil and data are both far less of a risk when they are not being mined and refined for commercial purposes and the potential for abuse has been acknowledged for some time

The right to respect for one’s “private and family life, his home and correspondences” was enshrined shortly after the Second World War in Article 8 of the European Convention for Human Rights in 1950. But the potential for the processing of personal data to infringe upon these rights was becoming apparent in the 1960’s and 70’s as computers developed from room sized, highly complex, behemoths into accessible and indispensable tools of industry. By the time Sony released their first 3 ½ inch floppy Disk (packing a whopping 400KB of portable storage space) the Council of Europe had met to sign the “Convention for the Protection of individuals with regard to the automatic processing of personal data (Convention 108)” in 1981. This created the blueprint for the start of formal data protection legislation across Europe.

Why now? To help us understand the need for new data protection laws, it’s worth considering that the current Data Protection Act 1998 is derived from a 1995 EU Directive (95/46/EC), which was drafted back in a time when buying a share of Apple stock would get you change from a £1 coin and Google was just a twinkle in Sergey Brin’s eye. Since that time, the ways in which businesses collect, store, and utilise personal information have been transformed.

In an attempt to bring the growing volume of different data protection laws under one banner, the European Commission issued a draft of the General Data Protection Regulations (GDPR) in January 2012. The decision to initiate this upheaval via a Regulation (which unlike its Directive predecessors would be immediately enforceable in member states without further legislation) was a reflection of the importance that data protection had garnered over the intervening years since the 1995 Directive. The resulting Regulation was dubbed “The most lobbied legislation ever” and emerged battered and bruised to be adopted by the EU in its current form on 27th April 2016. After a two-year transition period, the GDPR will become enforceable across the entirety of the EU from 25th May 2018.

The results of the EU membership referendum in June 2016, briefly allowed the cat to be launched amongst the pigeons as to whether the UK would be adopting the new regulations, but the Government moved to quash all talk of a non-GDPR compliant UK by publishing the Data Protection Bill in August 2017, which will transfer the GDPR into UK law by way of a new Data Protection Act in 2018. This will ensure that the principles of the GDPR will be maintained as and when the UK leaves the EU.

Why is it important? So, if that’s the whistle stop tour of why the GDPR is here, why does it matter to the average, long suffering operator of a business in the UK?

Equivalency: The data industry is a huge part of the UK economy (rumoured to be worth £322 Billion by 2020) and with the expansion of its definition under the GDPR, ‘personal data’ forms a large part of that. The EU has stated that any country failing to implement data privacy laws equivalent to the GDPR will not be able to transfer the personal data of EU citizens across its borders. The failure of similar schemes in place between the EU and US (the collapse of the Safe Harbour agreement in 2015 sent the US scrabbling for an alternative mechanism for cross border privacy protection agreements resulting in Privacy Shield 2016) has demonstrated the importance of such equivalency.

Fines: It’s almost impossible to pick up a paper, walk past a billboard or chat to a colleague without the obligatory discussion of astronomical fines soon to be ushered in by the GDPR and these are no laughing matter as the Information Commissioners Office will now have the ability to fine companies up to €20m or 4% of global turnover (whichever is higher). The costs of damage to brand and reputation through poor data handling practices (which has always been present) could soon be matched or exceeded by the potential fines the ICO has at its disposal under the GDPR.

Customer Service: An alternative way to view the GDPR is as a piece of legislation which places the individual at its core. After all, those of us running a business with the potential burden stemming from the forthcoming changes in data protection law are also individual data subjects. It’s our data that is collected, stored, utilised, sold for profit, and hopefully not lost, misplaced or abused.

Under the GDPR individuals enjoy increased rights to control over their personal information, which include:

• The right to access their data (with tighter time frames for compliance by controllers), as well as being given greater information about the circumstances of processing and how long it will be held for (Art.15); • A new right “to be forgotten” which allows for individuals to request that their data is erased under certain circumstances (Art.17); • A right to be informed if a data breach poses a high risk to their rights (Art.34); and • A right to object (Art.21) and to restrict processing (Art.18). Although all of these expanded rights may conjure up visions of red-tape and increased administration, the alternative is to consider that correct preparation for each allows for: • Streamlining of internal processes to locate the whereabouts and worth of all data being held; • Conducting data minimisation audits, which is an accepted method of building efficiency into an organisation’s processes; • Installing the correct level of cyber-security and internal systems to prevent the loss and corruption of vital information; • Ensuring that those customers whose data you are processing and spending money on targeting are still engaged and show potential to interact with your business; and • Ensuring that all processing is necessary for the purposes of the business, rather than taking up precious resources that could be used elsewhere.

Conclusion: Understandably, for those at the beginning of their GDPR compliance journey, the media focus is making the proverbial carrot appear a long way from the ever-present stick. The forthcoming requirements of ‘privacy by design’ and ‘ongoing accountability’ seem alien to many but are quite possibly already part of your existing practices. The correct first step is to understand where you are now and how far you have to go to be compliant. Conducting a gap analysis to assess the level of work required is an absolute must. Once you have identified the degree of work that needs to be undertaken, it is imperative that you build a plan and allocate the time and budget required to ensure compliance by 25th May 2018.

That was a (reasonably) brief introduction to the GDPR. In our forthcoming articles we will be taking a closer look at what the key changes are, their potential impact on businesses, and the smart measures to take to maximise the benefits and minimise the risks.

If you would like any advice on complying with the GDPR or our data protection services, please get in touch by emailing contact@cracknelllaw.com or calling 01603 339044.

At CyberScale, a key part of our job is making Cyber Security Simple for you, so you can concentrate on running your business.

Find out more in our quick “explainer” video – and let us know what your challenges are!

We have recently been working on the removal of a colony of bees from a chimney flue at a property in Norfolk.

Bees had gained access to the chimney breast through the boiler flue and built a nest. On further investigation it was found that bees were getting into the boiler and the flue contained so many bees the boiler stopped working and was emitting dangerous fumes, which can be potentially fatal.

Because of the important role bees play in the environment, exterminating them is always the last option. In this case the danger to the family in the house was severe due to the dangerous fumes being given off by the boiler. We weighed up the facts, and the fume danger combined with the sheer number of bees inhabiting the flue meant we were unable to safely remove the bees. After consulting with the Beekeepers Association, it was sadly agreed we would have to destroy them for health and safety reasons.

This entailed hiring a cherry picker to get access to the chimney. The nest was treated and left overnight.

Because bees can enter any structure or object that contains holes large enough for them, we had to come back the next morning to seal off the entrance, this is to stop the risk of robber bees gaining access to the treated nest, as they could take the insecticide back to their colony.

A boiler engineer was then called in to service and maintain the boiler.

Signs of bees

If you have a bee nest you will probably see bees entering a hole in the ground, in a wall or roof. The location of their nest often depends on the species of bee involved. It is usually either bumble bees, honey bees or a wild species such as masonry or mining bees.

Call in the professionals

Because of the important role bees play in pollinating food and horticultural crops, there is lots of legislation around when you can treat bees. However, when social bees build their nests near or in homes and other buildings, they need controlling. In these cases, it’s important to always call in professional help. Wherever possible we will try to relocate the bee colony to a local registered beekeeper.

If you have a problem with bees at your home or workplace, Abate Pest Management can help you.

John Gostling, Breakwater IT’s Managing Director, shares some simple steps that will protect your business from cyber-attacks.

It has become an undeniable truth, particularly over the past year with an increasing number of high-profile attacks; that, when armed with enough resolve, skill and financial resource, there are individuals and cybercrime groups that can and will access your systems.

But you can take some simple preventative measures to reduce the chance of a security breach by hack or ransomware attack. Much like you close your windows, lock your doors and set the alarm when you leave your house; you can fortify the protection surrounding your IT systems. We have to up our game and raise awareness of the threats – sometimes an all-too-simple click on the wrong link can leave you vulnerable, this way we can stop making it easy for people to steal our business information and money.

Train your employees

Your employees are your biggest asset, your biggest cost centre and, unfortunately, your biggest IT security risk. I have seen many outbreaks of ransomware over the past few years and every single one of them could have been prevented if the staff member had a better understand of how to spot a specially crafted email or an authentic-looking web page that coerced them into clicking on a link to something bad. Of course, they didn’t know it was bad, they just thought that Microsoft wanted to help them, that the HMRC wanted to give them a refund for £512.37 or that someone had just used their Paypal account.

If they are not clicking on links, they are sending £8,000 to an unknown bank account because someone pretended they were the CEO of that company and asked the finance team to just transfer the money.

There are so many, regrettably, simple ways of a cyber-attacker gaining your trust and ultimately your money – I have heard examples of businesses receiving emails from supposed clients requesting that they transfer £15,000 to a new bank account. In this case the email had been hacked, and it only took a few persuasive messages under the guise of an important “client”, and the money had been transferred to an unknown bank account.

We can all fall for these tricks, through no fault of our own, but with the right education and by making some noise around how these attackers coax their way in, you can help your employees to become more aware – then it’s suddenly much less likely they will click on the bad stuff. Of course, knowledge does not make your network impenetrable and mistakes happen, that’s when reinforced IT systems and best practice come in to play.

Close down entry points

Much like a bank, home or office – for someone to steal your possessions they need to access the building. To do this they use entry points such as doors or windows. Your IT system is much the same, data comes in and out of your network via entry points, over the web, in email and via devices such as USB drives and CDs.

So, the next obvious step in protecting your business, is to secure these entry points to your IT network. Email and web traffic can be filtered and analysed to stop the bad stuff coming through; known bad places on the web are automatically blocked, so even if a damaging link does find its way in, your employees cannot click through.

USB pen drives – we all have them, but stop and think for a moment. Do you know enough about the machines your USB has been used on and what it might be distributing throughout your business. The web is much quicker than it used to be and there are so many more tools for transferring files that you really shouldn’t need to use these any more.

Get Cyber Security accredited

This is a basic government scheme that encourages you to cover the essentials of IT security and make changes to your system to help keep you protected. It’s a self-certificate scheme, (you can go all out for the plus version!) and it can be completed in a couple of weeks and only costs £300+VAT for complete certification and peace of mind. As an added bonus they chuck in some free cyber insurance on the back of it.

Have an awesome backup…..and check it EVERY DAY!

Seriously, this is your last resort. When all of the above fails you’re going to need something to fall back on. Get yourself a good backup system, get a DR system if you cannot afford to be offline for long. Check it’s backing up regularly and run some test restores. No ifs, no buts, it’s just not acceptable to not have a good backup in this modern age of cheap online storage and there are some amazing providers out there with reliable solutions to get you back up and running.

Discover how Breakwater can help your business. Call our team today on +44 (0)1603 709300 or email enquiries@breakwaterit.co.uk

Recently I was at a conference where the speaker talked about the importance of ‘trust’ in employee engagement. His message was that managers who trust their employees benefit from better relationships.

This is undoubtedly true. It has been my experience that when employees are trusted to deliver, they are happier, more productive, more engaged, and more inspired to come up with ideas and new ways of working.  Trust leads to empowerment and when we empower people, they thrive.

And this trust can be tangibly demonstrated in many ways. It is in the way a manager focuses on outcomes rather than input, concerned with what the employee delivers, rather than getting hung up on the how. It is giving the employee freedom to work flexibly, recognising that the individual is competent enough to effectively manage their workload. It is giving the employee access to resources, appreciating that the individual is unlikely to take advantage.

I am reminded of, many years ago, working for an employer who had a blanket ban on Facebook. The thinking clearly being that if employees had access to social media, then we would spend excessive time updating our statuses, posting selfies, and liking posts. Which seemed grossly unfair and belittling; as if the workforce was incapable of prioritising work above all else. It was a very parent-child decision which indeed diminished the employees’ responsibility and accountability.

And yet, I can, to some degree, see where the employer was coming from. Because, after all, trust is something which human beings struggle with; we often talk about people having to ‘earn our trust.’ Which is understandable; we can all speak of experiences when trust has been broken. But isn’t it better to start from a position of trusting our employees first and deal with breakdowns on an as and when basis?

To do this, I believe that companies need some key elements. They need policies, processes and procedures which give enough freedom for the employee to make their own decisions. They need communications and engagement activities which give choice, influence, and ownership; a company shouldn’t just ‘do’ to an employee, the employee needs to be given a say and some element of control. They need leaders who are honest, authentic, consistent and who engage regularly with the people. They need confident managers, managers who understand their remit and role, and are not there simply to be directive. And there needs to be a culture where challenge is positively encouraged – and where it’s ok to make mistakes. Because sometimes things will go wrong, trust will be broken, and in an empowered, engaged and trusting workplace, that’s ok.

If employers demonstrably trust their people, they will see better results, increased satisfaction and greater engagement. Which can only help companies to prosper. 

Mental health and wellbeing is an issue which touches every corner of society. This year, a report by Business in the Community suggested that three in five (60%) employees have experienced a mental health problem due to work, or where work was a contributing factor. This World Mental Health Day, we look at why mental health in the workplace matters (with the help of a lot of statistics!) and what a modern employer can do to help. What’s the issue? Poor mental health has a negative effect on both individuals and businesses, so as an employer it is important to keep an eye on the mental wellbeing of your staff. Poor mental health can lead to increased short term absences, high turnover of staff and decreased productivity. In addition, almost one in three (31%) employees have been formally diagnosed with a mental health issue. Where an employee’s poor mental health amounts to a disability, their employer may have to make adjustments to their employment or physical surroundings (where it would be reasonable to do so). It is therefore in the best interests of both employers and employees to help ensure employees’ mental wellbeing is safeguarded. What can employers do? It is important to have an open dialogue about mental health concerns. Only 53% of employees feel comfortable talking about mental health issues at work, and only 11% of those who have suffered from a mental health issue have disclosed it to their line manager. This is perhaps unsurprising given that 15% of employees who disclosed a mental health issue to a line manager say that they then became subject to disciplinary procedures, dismissal or demotion. Modern employers should encourage employees to come forward with issues which are causing stress or concerns at an early stage. This will allow managers to assess the scale of the problem, offer support to the employee if appropriate, make changes if appropriate, or offer additional training. Employees should be reassured that they will not be subject to disciplinary procedures as a result of declaring a mental health issue (and, legally, should not be so subject!). Employees taking intermittent short-term absences from work can be disruptive to an employer’s business. When an employee takes time off due to mental health issues, communication is key. Employers may consider altering the requirement for employees to call in when they are off sick, instead offering email or text as a temporary option if it helps to overcome a boundary faced by an employee with a mental health problem. Equally, setting parameters for updates and communication is crucial – too little is just as bad as too often! Back-to-work meetings can be a helpful tool to assist those who may be struggling with their mental health and open up lines of dialogue. Where absences are more long term, employers should attempt to keep lines of dialogue open. Offering support to employees whilst they are on a long-term sickness absence may help encourage them back to work and will also help the employer establish whether a disability has developed. This is important, as in some circumstances there is a duty on employers to make reasonable adjustments for disabled employees. It is also important that managers know how to tackle the issue of mental health absences and the conversations surrounding them. Training is therefore a key part of taking a proactive approach to mental health in the workplace. Whilst 84% of managers agree that the mental wellbeing of employees is their responsibility, only 24% of managers have received any training in mental health. What are the benefits? In short: happy, productive staff who aren’t suing you! Taking a positive, proactive approach to mental health in the workplace can help reduce staff turnover, reduce the amount of work days lost to sick leave and ultimately make your business more productive and profitable. It also has huge reputational benefits and puts you a step on the road to truly being a “modern employer”. If you would like more information on the content of this article and how you can take a proactive stance on mental health in the workplace, please call our Employment Team on 01603 281153. Note: The content of this article is for general information only and does not constitute legal advice. Specific legal advice should be taken in any particular circumstance.

The 10th of October 2017 is World Mental Health Day, a time to promote good mental health for all and reduce the stigma associated with mental health conditions. The focus this year is on managing mental health in the workplace. 

Mental Health conditions affects 1 in 6 adults in the workplace

Mental health is everyone’s business. 1 in 4 adults will be currently experiencing a common mental health condition. 1 in 6 of us will be experiencing this in the workplace. Whether we feel comfortable talking about it or not, stress, anxiety and depression is something that none of us are immune to, so let’s start to talk about it. 

The cost of poor mental health to individuals and businesses is substantial. Mental illness affects people’s lives. It can interfere with our ability to maintain good relationships, carry out normal day to day tasks and affects our performance at work and our overall enjoyment in life. 

Mental Health in the UK and the cost to business 

The OECD estimates the cost of mental health to the UK economy to be £70 billion per year, equating to 4.5% of GDP. Mental ill health, alongside muscular skeletal problems are the leading causes of sickness absence in the UK and mental illness is on the increase. 15.2 million days of sickness absence in 2013 were caused by everyday conditions such as stress anxiety or depression – a dramatic increase from 11.8 million days in 2010. Mental ill health costs on average £1035 per employee, costing UK employers £26 billion each year (OECD, 2014). Presenteeism (the practice of being at work despite illness, injury, anxiety often resulting in reduced productivity) from mental ill health alone costs the UK economy £15.1 billion per year, almost twice the business cost of actual absence from work (Centre for Mental Health). One-quarter of employees have considered resigning due to stress and a further one in ten has done so (Mind, 2015).

The statistics are pretty compelling, but the majority of businesses do not focus on managing mental health in the workplace or see it as a business priority. Why is this?  There will be many reasons for this, such as perceived time and cost pressures, although perhaps this could be challenged in view of the cost of absenteeism and presenteeism. A significant factor in reality is likely to be fear and stigma associated with mental health issues. In a survey carried out by MIND (2014) 69% of individuals feel there is a stigma around mental health and 54% fear colleagues would judge them for having mental ill health. 

Looking after your business assets – your employees 

We have a long way to go to break down the stigma associated with mental health and employers can play a vital role in this. Employees are often seen as the most vital asset within a business, therefore it makes sense to look after employees and by talking about and creating a working environment that supports good mental health employers can play a vital role in reducing discrimination and stigma associated with mental illness.

A useful starting point for businesses is to access good information.  Business in the Community (BITC) is a useful resource as well as Mind and the Mental Health Foundation. The BITC 2015 report, Mental Health: We’re Ready to Talk – One year on, shows the quick pace at which business Champion companies had started to promote mental wellbeing within their organisations. The Mental Health Foundations guide on Managing Mental Health in the Workplace is also a good read in my opinion and looks at strategies to safeguard good mental health, how to address problems before they become severe and how to support employees when issues do emerge. The guide recommends that companies seek the help of outside agencies who offer specialist support to employees who are struggling in or out of work due to poor mental health. 

Accessing specialist Mental Health services in Norfolk

At Feel Well Therapy we recognise that employers need to access specialist services that provide the right type of help for their employees.  We specialise in providing Cognitive Behavioural Therapy (CBT) which is recommended by NICE (National institute for Clinical Effectiveness) as an effective therapy for treating stress, anxiety disorders (including GAD, panic disorder, OCD and PTSD)   and depression and Eye Movement Desensitisation Therapy (EMDR) for the treatment of PTSD. 

Helping individuals to achieve good mental health is our business. Based in south Norfolk, we provide services to individuals, business, and insurers and feedback from our clients shows that 100% of those surveyed would recommend us to friends and family.

 Whether you are an individual seeking private therapy, or a company looking to access specialist therapy services to improve the mental health of your employees then please contact us via our website at www.feelwelltherapy.co.uk or contact Michelle Webster Clinical Lead and Founder of Feel Well therapy at michelle@feelwelltherapy.co.uk or call 07957 350396

#WorldMentalHealthDay

The objective of agricultural occupancy conditions (AOC), from a national and local planning perspective, is to protect property in agricultural settings from development and to ensure that agricultural workers are able to secure low-priced accommodation in the locality in which they work. An AOC usually requires that: “the occupation of the property is limited to a person solely or mainly employed, or last employed, in the locality in agriculture…or in forestry (including any dependents of such a person residing with him) or a widow or widower of such a person” In effect this means that the property is subject to a planning condition which requires the occupant of the property to be locally employed in agriculture. Section 336(1) of the Town and County Planning Act 1990 defines ‘agriculture’ broadly to include: 1. Horticulture, fruit growing, seed growing, dairy farming; 2. The breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land); 3. The use of land as grazing land, meadow land, osier land, market gardens and nursery gardens; and 4. The use of land for the woodlands where that use is ancillary to the farming of land for other agricultural purposes. Effect of an Agricultural Occupancy Condition The key effect that an AOC has is upon the value of the property, which is why our teams are so often involved in ensuring they are removed. Although the value of a property subject to an AOC is case specific, in general it will be valued at 10%-40% below the market value of the property unencumbered by the AOC. This is particularly important in transactions which are being funded by mortgage finance, as disclosure of an AOC could result in the lender withdrawing a mortgage offer or the lender’s valuation of the property being adversely affected. It is vital when considering re-financing an agriculturally tied property to ensure that the reduction in value of the property is considered when assessing whether it provides sufficient security for the loan. It is, therefore, crucial in rural property transactions to commission a Local Search and review all planning permissions connected with the property at an early stage to ascertain whether an AOC applies. Complying with an Agricultural Occupancy Condition As with all planning conditions, owners and occupiers of the property are required to comply with them. If an occupier fails to comply with an AOC, the Local Authority may serve an enforcement notice detailing the steps required to comply with the planning condition within a set timeframe. Once this has been served it will apply indefinitely to the property, this means if the notice is initially complied with but there is a subsequent breach, the enforcement notice will be reactivated. Failure to comply is a criminal offence and upon conviction the offender is liable to an unlimited fine.  The time limit for enforcement action for a breach of a planning condition is 10 years from the date of the breach. The difficulty in cases of AOCs is that the breach of the condition must be continuous over the period of 10 years. This means that if at any point within, or after, the 10 year period the AOC is complied with, i.e. an agricultural worker occupies the property, then the 10 year time limit on enforcement action will be restarted. Solutions for an Agricultural Occupancy Condition An individual wishing to negate the adverse effects of an AOC in relation to a property has two options; apply to remove the condition under an application pursuant to s 73 of the Town and Country Planning Act 1990 or apply for a Certificate of Lawful Established Use (CLEUD). 1. Application to remove a Planning Condition In order for an application to remove an AOC to succeed, the applicant will need to demonstrate that there is no longer a need for the property to be reserved for an agricultural purpose. Demonstrating this point can usually be achieved by marketing the property unsuccessfully at a price which adequately reflects the decreased value of the property due to the AOC. The period of time that the property will need to be marketed to provide sufficient evidence can vary so relevant enquiries should be made to the local planning authority, but in general a six month period is usually sufficient. However, there is a risk that a genuine offer is received which makes it more difficult to argue that there is no longer a need for such a dwelling in the locality. 2. Certificate of Lawful Established Use A CLEUD establishes that an existing use is lawful and therefore prevents enforcement action from the local planning authority. If an AOC has been breached continuously for at least 10 years then the occupier may apply for a CLEUD. The application must contain sufficient evidence to demonstrate that the breach has been continuous over a period of 10 years working back from the date of the application. This evidence can take the form of statutory declarations of previous occupiers, letters of employers of confirming previous occupier’s employment or employment contracts. It is important to note that if the AOC is complied with after the CLEUD is obtained, it can no longer be relied upon, and the AOC would come back into force again. For this reason, it is preferable to apply to remove the AOC to prevent any risk that the AOC will be revived upon future compliance. Furthermore, even if a CLEUD is successfully obtained, it does not remove the AOC from the property so a planning application to vary or remove the condition will need to be made. If your property is subject to an agricultural occupancy condition and you need assistance or if you have any questions on anything covered in this article, please do not hesitate to contact our Property Disputes, Planning or Agriculture teams on 01603 610911. Please note, the content of this article is for general information only and does not constitute legal advice. Specific legal advice should be taken in any particular circumstance.

A common source of tension between adjoining landowners is when differing views are held in respect of the position of the boundary which separates their respective land. Disagreements of this nature can often lead to protracted disputes and an irreparable breakdown in neighbourly relations. Part of the problem is the very common misconception that the first port of call, when seeking to determine the position of the boundary, is to consider the Land Registry title plans. Whilst this may seem like an obvious and sensible starting point, the reality is that the Land Registry plans will often show “general boundaries” only, rather than the legal position of the boundary, and can therefore have significant limitations in respect of their accuracy. Warring neighbours often rely solely on the “Land Registry” plans which kicks off the dispute on the wrong foot. The primary source of establishing the boundary line between properties should, instead, be the original conveyance – that being the conveyance which first divided the land and created the boundary. A conveyance contains a “parcels clause” which should define the land in question with sufficient clarity to enable the boundary to be determined. There are, however, occasions where the parcels clause falls short of being able to provide a definitive answer, particularly where the measurements in dispute are small. In those circumstances, the next step is to consider the extrinsic evidence, such as; the physical features on the ground, sales particulars, the conduct of the parties, photographs, architects drawings – to name but a few. Therefore, whilst the position of a boundary may initially seem like a straightforward matter of fact, it can be a far more complex issue, often requiring detailed consideration as well as specialist legal advice. At Leathes Prior we have a dedicated Property Disputes Team which is extremely experienced in working out the legal positon of the boundary by reviewing the deeds and extrinsic evidence; members of our team are often found rooting around searching for old fence posts and tree stumps! If you require advice on any boundary issues, please do not hesitate to contact our Property Disputes Team on 01603 610911 who would be more than happy to assist. Please note the content of this article is for general information only and does not constitute legal advice. Specific legal advice should be taken in any particular circumstance.