Supporting the expansion of Wookey Hole Caves - Autumn/Winter 2018 - Stephens Scown
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Autumn/Winter Leisure and tourism newsletter 2018 Supporting the expansion of Wookey Hole Caves Wookey Hole Caves feature article
“Homestead Caravan Park is a great fit
for us, as the site is right beside us here
in Wells. We have plans to develop it by
adding more lodges.”
It has been a busy few years for The move comes just over a year after
Wookey Hole bought Bucklegrove Holiday
Wookey Hole Caves, the famous Park in the Cheddar Valley – a 7 acre
mixed holiday park. Stephens Scown’s
Somerset tourist attraction. Most leisure and tourism team advised Wookey
Hole on both deals.
recently, the business has expanded “One of the best parts of my job is helping
with the purchase of its second caravan clients to grow their businesses,” says
Toby Pool, head of leisure and tourism
park – Homestead Caravan Park, a at Stephens Scown. “The purchase of
Bucklegrove Holiday Park was Wookey
residential park with campsite and Hole’s first venture into the parks sector
and it is exciting to see how quickly it
holiday lodges in Wells. is making a success of that side of its
business.”
“One of the best
parts of my job
is helping clients
to grow their
businesses”
Business has doubled Expertise and knowledge So what is the secret to Wookey
Hole’s success: “Last year was our
Daniel Medley, managing director of “The team at Stephens Scown know their best yet and despite the snow bringing
Wookey Hole Ltd said: “The success of stuff. Buying Homestead Caravan Park challenges earlier this year, we have
Bucklegrove Holiday Park showed us the was not straightforward and at times had a great Easter and look forward to
potential this sector has for us. We have I found myself getting frustrated. Toby a busy Summer. Our aim is to provide
upgraded the site and business there has was brilliant at keeping me calm and affordable days out and affordable quality
doubled in the last year. explaining what was going on. I knew I accommodation for families – and staying
could trust him to handle things,” says true to that market is working for us,” says
“Homestead Caravan Park is a great fit Daniel. Daniel.
for us, as the site is right beside us here
in Wells. We have plans to develop it by Expertise and knowledge of the holiday And it looks like the business’s growth is
adding more lodges.” park sector was also a factor in Wookey going to continue, with Wookey Hole on
Hole’s choice of legal advisor. “Stephens the look out for other holiday parks in the
The expansion means that at its busiest Scown is really well known in the parks Somerset area to add to its portfolio.
times, Wookey Hole has 1,400 guests a sector and they have lived up to their
night staying across its resort. With so reputation with the work they have done
much to juggle, Daniel needs advisors he for Wookey Hole,” adds Daniel.
can rely on.
Visit:
www.wookey.co.uk
www.bucklegrove.co.uk
What to do if a
resident erects
CCTV on their
park home
Philip Richards and
Jonathan Dunn
More residents than The Legal Position Amending Site Rules
ever before are using Under the standard Express Terms Many parks’ site rules are silent on the
CCTV on their park of the Written Statement under the
Mobile Homes Act 1983 (as amended)
erection of CCTV on their pitch. It may be
sensible for park operators to take steps
homes. In most it can be said that a CCTV camera is a to amend their site rules so as to make it
structure and as such a resident is not clear that CCTV is not to be erected. Park
cases, this is for crime entitled without the permission of the operators seeking to introduce such a rule
prevention purposes; park operator to erect the same (with will need to make sure that they comply with
such consent not to be unreasonably the strict legal requirements for amending
however, this can withheld in newer versions of the written site rules under the Mobile Homes (Site
statement). Therefore, the resident should Rules) (England) Regulations 2014. It should
cause disputes to obtain permission before erecting CCTV. also not be forgotten that a new site rule
arise as neighbours Arguments a park operator may advance does not have retrospective effect.
against the erection of CCTV include that
are concerned about it gives the wrong impression to visitors Site rules form part of the terms of the
and residents on the park, it can alarm Mobile Homes Act agreement. Park
their privacy. Inevitably, neighbouring residents who may feel operators may consider, if appropriate
it is the park operator they are being ‘watched’ and that if one to do so, serving a notice for failure
resident is allowed to erect CCTV then it to comply with the Mobile Homes Act
who gets drawn into will be difficult to stop others from doing agreement on a resident who is in breach
these disputes. We’ve the same. of site rules and/or for causing a nuisance
or annoyance. This should be viewed as
seen an increase in There maybe concern that CCTV is a last resort where informal steps have
being used in a harassing way or that failed to resolve the situation.
enquiries over the its use amounts to anti-social behaviour,
past few months and perhaps because it is being pointed at
a neighbouring pitch in order to cause Involving the police
highlight what you need aggravation: such behaviour may amount
to a criminal offence and as such should Alternatively, park operators who wish
to consider, should a be reported to the police and may also be to stay back from a potential neighbour
dispute arise. in breach of the terms of a Mobile Homes dispute may suggest that the aggrieved
Act agreement not to cause a nuisance resident(s) contact the police about their
or annoyance or not to commit a criminal concerns that the CCTV may be being
offence. misused.
Quite separate to the terms of the
Mobile Homes Act agreement, under
Data Protection Law, those who operate
CCTV are required to register with the
Information Commissioner’s Office
(ICO) unless an exemption applies. One
exemption is where CCTV is used on
someone’s private residence; however,
this exemption ceases to apply if the
CCTV captures images of a neighbouring Jamie Bartlett is a solicitor in the
property or a communal area, even if it leisure and tourism team and acts
only partially captures an area outside for holiday and residential park
their pitch. Therefore, if an occupant has operators. If you would like to
CCTV that is capturing images outside of discuss any issues you may have on
their pitch they will be required to register your park, please contact Jamie on
with the ICO and failure to do so amounts 01392 210700 or email parks@
to a criminal offence. stephens-scown.co.uk
BATTERY POWER
The leisure industry is used to the benefits of electricity storage in
batteries, but to date this has always been small scale. The current trend
in the energy industry is to move towards large batteries to engage in
the energy markets or to maximise the time of charging – particularly if
you are paying different rates for electricity at peak and non peak times.
The varying charges for day and night time can be extreme and batteries
can assist in levelling this out.
Batteries for electricity storage range from • energy security in case of power cuts Lenders typically were not comfortable
the small leisure batteries to grid scale providing pure debt finance for battery
• making use of ‘time of use’ tariffs
megawatt batteries and are very popular projects, due to the level of merchant risk
and benefitting from cheaper tariffs at
in the parks and holiday industry. for the revenue streams and longer payback
different times of day
times. But when combined with equity
Take for example ‘The Olde House’, a • combining solar or wind turbines with investment from a site owner, then funding
working farm and holiday retreat, situated storage to enable you to generate and is more accessible and asset purchase
in North Cornwall, installed six redT consume your own power on type arrangements are becoming more
energy storage machines, totalling 1.08 demand, instead of exporting power common.
megawatt hours. to the grid
From a legal point of view there are a
The Olde House is an early leading Another consideration for engaging in number of documents that should be vetted
innovator in using renewable technology battery storage is through electric vehicle prior to installation depending on where
to support its business, adopting solar use. More and more tourist destinations the battery is being installed, who you are
and biomass generation as well as are being asked to provide electric buying it from and how you intend to use it.
demand use management. The cost of charging points and having a battery on
the installation is being supported by site ensures that the electric vehicles can
funding from energy services company be charged more cheaply and at night
Centrica who will also work with the site when the vehicles are not being used,
owner to optimise the use of the redT’s particularly if you are co-locating with on
energy storage assets. site generation.
Many other parks and tourist facilities The costs of batteries are coming down all
are considering moving towards energy the time and warranties are now available
storage as there are several benefits of in many cases for at least 10 years.
having a battery on your park: If you wish to discuss battery power
on your site, please contact Sonya
Bedford, partner and head of energy
on 01392 210700 or email energy@
stephens-scown.co.uk
Commission on the sale
of park homes - the
beginning of the end?
Payment of commission to the park owner by the Kirstie Apps has been working for park
owners for over 16 years and recently
homeowner on the sale of a park home has been part of set up her own law firm Apps Legal
agreements since the Mobile Homes Act 1975. However Limited.
payment of what was 15%, reduced to 10% commission in
1983 has been a point of contention for many years. kirstieapps@allparks.co.uk
Recently, a public consultation took Assuming that new laws are drawn up so In England questions have been posed by
place in Wales on the 10% commission. that the statutory 10% is reduced in each MPs as to when the Housing Minister will
As part of the consultation process, a year to a maximum of 5%, as it stands “follow suit” and propose a reduction in
report was commissioned from a firm of there will not be an express change to the rate of commission. The Government
accountants on the effect the abolition the pitch fee review criteria to allow an is in the process of responding to the
of the commission would have on park increase arising from the impact of this Part 2 Consultation on the review of
owners. The report said: “In the event loss of income. This leaves operators in the Mobile Homes Act 2013, due to be
that the ability to raise income from the Wales with the potentially difficult task of: published in Autumn 2018. It has been
commission were removed, then in order announced that commission will be dealt
to remain viable an increase in pitch fee is 1 establishing their loss with separately and not as part of the
likely to be required”. 2013 Act review, which did not include
2 seeking to agree a pitch fee review questions about the rate of commission
In response to the consultation by the with residents to take into account this in the consultation paper. We will have to
Welsh Government, there was a short loss, and wait and see.
section at the end which recommended a
reduction to the 10% rate of commission 3 persuading the tribunal that it is Of course, in the holiday park industry
over a period of time so as to allow park reasonable to change the pitch fee to it is open for park owners and potential
owners to make “adjustments to their the new level sought in the absence of purchasers of static caravans and lodges
business model”. an agreed pitch fee review to agree as part of their contract the rate
of commission (or transfer fee) to apply on
In a subsequent oral statement from the The report from the accountants a sale and it will be interesting to see how
Minister, she announced that the rate of expressly said that whilst they had not holiday park operators react.
commission would reduce by a percentage been instructed to consider whether
each year to a maximum rate of 5%. there was any margin in the park owners On 26 September the Welsh Assembly
operating costs to absorb the knock on announced the start of a consultation
In a question posed to the Housing impacts of abolishing the commission, the on how the law should be changed
Minister by a Welsh Assembly Member, report said that there was little room to to implement the Minister’s decision
and in support of the park owner, absorb any additional costs. including when the reduction of a
confirmation was sought that “provision percentage in year should start from and
will be made for the pitch fee to be Potentially the park owner is facing an if any guidance should be issued. The
increased over and above the Consumer uphill battle and a drain on resources deadline to respond is 14 December
Prices Index” (which is the relevant index (both in terms of their own time and the 2018.
to have regard to when reviewing the cost of professional advice) to try and
pitch fee each year in Wales). secure an increase.
The Minister responded at the end of June Of course if pitch fee reviews are agreed
2018 to say that the Mobile Homes (Wales) or decisions made by the tribunal for the
Act 2013 already provides for the pitch fee pitch fees to be changed this could leave
to be changed in circumstances where it is some residents worrying about how they
reasonable to do so (and for the Tribunal to will pay any increase over and above the
adjudicate on this) and that “no change is change in inflation.
anticipated to the law in this regard”.
Could the new Package
Travel and Linked Travel
Arrangements Regulations
apply to your business?
The Package Travel and Linked Travel Arrangements Probably the worst thing about this
latest regulation is that it catches more
Regulations 2018 (The Regulations) is the latest raft of businesses than it sounds, particularly
regulatory requirements to hit those in the travel and tourism those in the hotel industry as well as
sector. The industry has already had Brexit, the requirement those travel providers who do not sell
“traditional” package holidays.
for all IATA travel agents to become PCI compliant (which
came in, in March this year) and the implications of GDPR Many of the hotel managers and tour
compliance to contend with this year. providers sat here reading this article will
be thinking I don’t sell package holidays
this doesn’t apply to me. But many
companies in the travel industry who
would not have previously had to worry
about package holiday regulations may
now find themselves within the scope
of the legislation. In the ever-increasing
competitive market with the rise of OTAs
and hotel price comparison websites,
many hotel providers are looking to
expand their offerings and add that
USP by adding trips to local gardens,
amusement parks, tickets for local
attractions and themed holidays with
entertainment. Experience and activity
holidays have become increasingly
popular in recent years and the provision
of these additional services may bring
businesses within the scope of the
Regulations.
The Regulations implement the 2015
European Package Travel Directive
into the law of England and Wales and
cover package holiday and linked travel
arrangements sold after the 1st July
2018. The Regulations contain a number
of criminal offences for failure to comply
with the various provisions and will be
enforced by trading standards and civil
claims may also be brought by travellers.
If you would like to find out more about the Package Travel and Linked Travel
Arrangements Regulations and how they might affect your business please
contact Kathryn Heath on 01872 265100 or email ip.it@stephens-scown.co.uk
Kathryn is an associate in the intellectual property and IT team and prior to joining
Stephens Scown Kathryn spent six years working in house for an international
travel distribution company.
So what are package The main protections offered by the Linked Travel Arrangements on the
holidays and linked travel Regulations for package holidays are as other hand cover situations where
arrangements? follows: there are at least two different travel
services purchased for the same trip,
To qualify as a package holiday two or • Making the organiser of the holiday the combination does not constitute
more different types of travel services liable for the performance of the travel a package, the traveller has separate
need to be combined for the purpose of services included in the package contracts with the service providers
the same trip. Travel services include: (even if the services were performed but the trader selling one of the travel
(1) carriage of passengers (flights, by a third party and not the organiser) services facilitates the sale of another
trains and coaches) (2) accommodation if something goes wrong travel service in one of the ways set out in
(3) motor vehicle hire; and (4) other the Regulations.
tourist services. Other tourist services • Protection for travellers against
are services that are not intrinsically the insolvency of the organisers of the A typical example of a Linked Travel
part of the transport or accommodation package Arrangement is where a traveller buys
services provided but make up a part of their holiday and then are
significant part of the package such as • Requirements for travel organisers prompted to buy another part via a click-
admission to concerts, sports, events, to provide certain detailed information through within 24 hours (for example if an
excursions or event parks, guided tours, to travellers making it clear what they email with a flight confirmation has links
ski passes and rental of sports equipment are buying and the protections they have to a hotel site which is then booked this
or spa treatments. The Regulations set is a linked travel arrangement). Linked
out six different circumstances in which The Regulations also place various other travel arrangements do not have the
the combination of travel services will obligations on those organising or selling same level of protection as package
constitute a package. package holidays which providers will holidays if something goes wrong but
need to comply with. travellers will benefit from insolvency
When only one of carriage of passengers, protection.
accommodation or motor vehicle hire One of the examples the government
services are combined with an ‘other has given as an example of what could
tourist service’ this only leads to the now constitute a package holiday is a So should you stop selling
creation of a package or a linked travel situation where a guest books a hotel these types of holidays?
arrangement if the ‘other tourist service’ room at the Disneyland Paris hotel
is either: with access to the amusement park The Regulations do not intend to stop
included as part of the booking this providers selling these types of holidays
• Advertised as an essential feature of would be considered a package as entry but they do aim to increase the level of
the combination of services, or; to the amusement park could not be protection for travellers. By no means
argued to simply be an intrinsic part of stop providing these services but do
• Accounts for a significant proportion accommodation. Another example given make sure you consider all your products
of the value of the combination of was a traveller booking a room at a hotel and services and whether or not they
services. with pre-booking for a round of golf as could constitute a package or linked
well as the accommodation – this could travel arrangement and ensure you are
The government has said that whether also be classed as a package holiday. aware of the legal implications of this
on-site facilities such as a swimming What is worrying about these examples and that your terms and conditions are
pool or gym included for hotel guests is that many hotel providers are already updated accordingly.
would be considered an intrinsic part offering these types of services and will
of accommodation would depend on not even be aware they are caught by the This is a complex area of law and
the individual circumstances and how Regulations. we would advise those who may be
the facilities are provided but this is a affected to seek specialist legal advice
worrying thought for accommodation to determine whether or not they could
providers. be providing package holidays or linked
travel arrangements to ensure they are in
compliance with the Regulations.Looe
Coastal Retreat
Looe Coastal Retreat, part of Acorn Parks Ltd and Bouja Luxury Boutique Breaks
is a brand new, luxurious holiday home escape in the county of Cornwall, offering
beautiful lodges to rent for a truly sumptuous holiday experience.
Planning was gained for the development The overall cost of this exclusive Acorn Parks is a family run business,
in July 2015 and with luxury ‘staycations’ development totalled £520,000. Broken specialising in holiday and owner occupied
being in high demand in the UK, the down, this included: groundworks, holiday parks across the South West,
decision was made to provide high-end, services, new tarmac roads, a reception including Meadow Lakes Holiday Park and
deluxe holiday accommodation. Having building, landscaping of the gardens and Oaklands Park. Offering quiet, quality
worked alongside Hoseasons with their general development of the area, totalling family escapes and luxury holiday homes
other holiday park, Meadow Lakes in St. £240,000. With the cost of each individual to purchase. With Meadow Lakes having
Austell, Acorn Parks asked Hoseasons holiday home including decking, skirting, previously been chosen as a runner up
to take a look at the potential location for UPVC steps and seven hot tubs, totalling for the ‘Hoseasons Diamond Award’
Looe Coastal Retreat and their vision of £280,000. and winning the ‘Tripadvisor Certificate
what they wanted to create. Hoseasons of Excellence’ from 2015-2018, Acorn
of course loved the location and provided Rachel Nation, the Managing Director of Parks is no stranger to being recognised
projections of what the possible bookings Acorn Parks Ltd. said “Needless to say, it by customers and tourist bodies alike as
would be, leading to the agreement being was all go at Looe Coastal Retreat with the fantastic holiday destinations.
signed and the name of the location last six weeks being particularly stressful,
christened as Looe Coastal Retreat. At but it was all done and looking fabulous
the same time, nine brand new homes in time for our first arrivals. Visitors love it
were ordered at Hull Show in 2016, from as it is so quiet and peaceful and we had
ABI, Carnaby and Regal manufacturers, incredible reviews almost immediately,
for delivery in February 2017. With the culminating in us winning our first award
groundworks starting in January 2017, which was a total shock – but brilliant”.
the ball for Looe Coastal Retreat was
well and truly rolling. In the interest of Having only been open for less than a
generating advance bookings, during year, Looe Coastal Retreat was awarded
Looe Coastal Retreat’s construction, the prestigious ‘Best Relax and Explore
Hoseasons went live with its online listing destination in Cornwall’ awarded at the
and the park’s first visitors were booked Hoseasons 12th annual Gala Awards
from May 2017. evening in 2017. An event showcasing the
very best of the self-catering specialist’s Acorn & Oaktree Parks Ltd
lodge and holiday parks across the whole Tel: 01934 823288
of the UK, as voted for by their visitors. Email: rachel@acornparks.co.ukAre your pay
arrangements
leaving you open to
National Minimum
Wage claims?
Recent developments Non-payment of the National Payslips
Minimum Wage
in the area of the Following the Taylor Review of Modern
National Minimum It is against the law to pay eligible workers less Working Practices, the Government
than the National Minimum Wage or National has brought in a requirement that
Wage might place Living Wage (NMW) and a worker who believes from 6 April 2019, all workers must be
holiday parks and other they are being underpaid has the right to provided with a payslip and for those
complain to their employer as well as to HMRC, paid by the hour, their payslip must
tourism businesses who who can investigate the complaint. state the hours worked. This is another
haven’t reviewed their way by which it will be easier for
One of the ways of enforcement the HMRC use workers to know if they are being paid
pay arrangements in is a “naming and shaming” scheme where the the minimum wage.
danger of falling foul of Department for Business, Energy & Industrial
Strategy release a list of employers who have
legal pay limits. If you broken minimum wage law. Tricky areas
require your employees Many employers have been named and shamed, Payment of the NMW can pose
to wear uniforms or mainly small to medium sized employers. The difficulties in some particular areas,
sectors with the most underpayments were including in relation to employees who
have employees who hospitality, hairdressing and retail. travel between appointments as part
‘sleep in’ as part of their of their working day or those who are
Amongst the larger, better recognised employers required to “sleep in” at their employer’s
jobs, it’s important that recently “named and shamed” are Karen premises. In our experience, the
you understand the Millen, Wagamama and TGI Fridays who were tourism/hospitality sector is one where
included on the list and fined due to the rules on some kind of “sleep in” arrangement
implications of those staff uniforms. This confirms that if you, as an can be quite common. The penalties
arrangements. employer, require your staff to wear a specific for not paying the NMW are severe and
uniform or just a specific type/colour of clothing the law in this area is quite complex.
you need to take the cost of that into account in If you have any concerns that your
relation to their salary. If you deduct the uniform business may not be compliant, we
cost or require staff to purchase such items would strongly encourage you to take
If you believe you may not be and as a consequence their salary is not above urgent advice.
paying the National Minimum the NMW threshold then you could be “named
Wage we have an experienced and shamed”, fined and have to pay back the
employment team who can underpayments. In order to avoid you could:
provide you with all the
necessary advice and support • buy the uniform and hand this out to staff
to help handle these matters.
• give staff a lump sum staff uniform
allowance
Please contact our team
on 01392 210700 or email • increase hourly rates above the minimum
employment@stephens- wage to take into account the cost of the
scown.co.uk uniform; or
• allow workers to wear their own clothesMaking
Tax Digital
In April 2019, HMRC is introducing the Making Tax Digital
(MTD) regime with the objective of reducing the tax gap
and modernising the tax regime. The regime will focus on
VAT from April 2019 with other business taxes expected
to be included in April 2020.
Overview What is ‘Making Tax Digital’?
The rationale behind MTD is to minimise From April 2019, businesses with
errors made by taxpayers in VAT returns a “taxable” turnover above the VAT
that are a result of manual intervention. threshold (currently £85,000) will have to
The Government estimates that it loses comply with MTD. The regime will also
around £3bn of VAT as a result of manual be available to other businesses on a
errors in the VAT return process, so as voluntary basis.
well as helping to increase the efficiency
of the VAT return process MTD will also Looking further afield, a large number of
generate additional tax receipts for the other countries (particularly in Europe)
Government. already require digital submission of VAT
returns and other statistical documents.
HMRC’s ambition is “to become one As such, MTD for VAT is likely to be
of the most digitally advanced tax the start of the UK tax system’s digital
administrations in the world, modernising journey.
the tax system to make it more effective,
more efficient and easier for customers to
comply”.Richard Holm
Richard is a Director in KPMG’s
Indirect Tax team and leads their
work in the travel and tourism sector
across the South West.
0117 905 4393
Richard.holm@kpmg.co.uk
Diana Pugh-Hudson
Diana is a Manager in KPMG’s
Indirect Tax team and works with a
wide variety of organisations across
the South West, including a number of
businesses in the travel and tourism
sector.
0117 905 4067
Diana.pugh@kpmg.co.uk
What are the key The MTD Timeline What can I do to prepare?
requirements?
April 2019 – The first tax to make the To prepare for MTD, it is important to start
MTD for VAT requires businesses to: conversion to MTD will be VAT. considering the impact it will have well in
advance of the new rules taking effect.
• maintain and keep VAT records April 2019 to April 2020 - Between Areas that should be considered include:
digitally April 2019 and April 2020 there will be
a “soft landing period”, during which • Readiness assessment – what
• store and maintain those documents the “digital link” requirement will not be changes will you need to make to your
in “functional compatible software” enforced. This will allow businesses extra current processes to comply with
time to update their systems to ensure MTD?
• ensure that any digital records that are that they are fully compliant. However,
transferred between accounting businesses will need to meet all other • Process improvement – can your
system and other applications are MTD requirements during this period. existing systems be used or adapted
done so via a digital link to reduce the amount of manual
April 2020 – The “soft landing period” will intervention in the VAT return process?
• create a VAT return from the digital end. In addition, other business taxes
records within functional compatible are intended to follow the conversion to • Data analytics – are you confident
software digital administration and compliance about the quality and integrity of the
submissions. There is currently little data used to prepare your VAT return?
• connect to HMRC’s portal via an information about the changes for
Application Programming Interface to corporation tax, however it is expected • Software – how will you fulfil the
submit the VAT return directly to to follow the same basic requirements as requirement to submit your VAT return
HMRC those for VAT. via an API link?Don’t
Believe
The Hype:
GDPR
Myths
Exposed
Recently it has been
impossible to miss
news about GDPR: the
biggest change in how
the world deals with
data in generations.
However, there is a huge
amount of confusion and
misinformation out there.
You may be asking yourself “do I need to delete my
data?”, “do I have to stop emailing people?” or even,
“does GDPR mean I can’t use cloud services?”
So what is myth and what is fact in the brave new world
of the GDPR.Myth 1 Myth 4 Myth 7
GDPR is designed to stop marketing I don’t sell data therefore I don’t need This is an HR or IT issue only: FALSE.
activity: FALSE. to worry about data transfers: FALSE. Compliance requires a joined up
GDPR creates rights for EU citizens. Do you rely on cloud services, approach from legal, marketing,
Business can still use personal data; external payroll, email marketing HR and IT. Anyone who tells you
they just need to do so in compliance companies, or any other third party that any one of these disciplines
with the law. who may have access to personal alone can make you compliant has
data? If you do, this will be a transfer misunderstood.
under the act and you will need to
Myth 2 satisfy the requirements for a transfer.
Make sure you have conducted a Myth 8
Everyone needs to get consent before data mapping exercise to identify
sending more emails: FALSE. data flows and transfers. Brexit will change things: FALSE.
You will no doubt have seen major
household brands emailing you for
consent to continue contacting you. Myth 5 Myth 9
Yet consent is just one of the legal
bases for contacting people. In other If someone sends me data it is their I can’t transfer data outside the EEA:
words, many have got this wrong. responsibility to make sure it is FALSE
You may well be able to avoid the “clean”: FALSE. You can transfer data outside the EEA
need for taking the drastic step of In any data transfer both the but there are certain requirements you
re-consenting by finding another legal recipient and disclosing party must meet before you do.
basis for the contact. have responsibilities and potential
liabilities.
Myth 10
Myth 3
Myth 6 I don’t sell to consumers so I don’t
I can just rely on “Legitimate Interest” need to worry about this: FALSE
as a justification for my activity: I’m not going to make the 25 May The legislation applies to all personal
FALSE. 2018 deadline so there is no point data, including that concerning
Legitimate interest relies upon a trying: FALSE employees, business referers and
balancing test. If you are going to The 25 of May is the start, not the clients.
rely on this you need to have a policy end. Big cultural change will be
setting out how the test will be run, required across every organisation
actually run the test each time you from the 25 May 2018 onwards.
intend to rely upon it and document
the outcome. Legitimate interest will
actually prohibit you from undertaking
certain activity.
If you wish to discuss GDPR, please contact
Ben Travers, partner and head of intellectual
property and IT on 01392 210700 or email
ip.it@stephens-scown.co.uk[2013] [2014] [2015]
[2016] [2017] [2018]
South West tops the country
for 6th year running in
National Tourism Awards
The national Visit England awards were presented on 23
April 2018, when 16 awards were presented to South West
businesses, reinforcing the region’s position as England’s
top region for quality.The Visit England awards link with the The region also picked up six Silver Robin Barker from the South West
South West Tourism Excellence Awards awards: The 25 Boutique B&B from awards organisers, Services for Tourism,
which held its awards ceremony in Torquay in the B&B category, Mylor Sailing commented:
Torquay on 1 February, when 123 awards & Powerboat School from Cornwall in the
were announced at an event attended by Inclusive Tourism category, The Roman “These awards mean so much to those
451 of the region’s top businesspeople. Baths and Pump Room for Inbound taking part and it’s wonderful to share in
Tourism, The Milkshed from Devon in their celebrations at the national event.
This followed a rigorous selection the Self Catering category, Devon’s It’s also great to see the continued
process, including judging of a record 647 Bulleigh Barton Manor in the Dog Friendly success of the South West and the region
entries from across the South West with category and Wiltshire’s Lucknam Park in ‘heading the quality charts’ once again.
many of them winning also in the awards the Hotel of the Year award. With the 2018/19 Awards already open
held in Dorset, Cornwall, Bristol, Bath & for entry we‘re looking forward to another
Somerset and Devon. During the winter, Seven Bronze award winners also took record year ahead.”
the regional entries were pitted against home trophies for the region: Loose
further entries from across the country, Reins from Dorset in the New Tourism VisitEngland Chief Executive Sally
with finalists all invited to receive their Business category, the Cary Arms & Balcombe said:
trophies from presenter Kirsty Allsop at Spa from Devon in the Boutique Guest
the VisitEngland awards event in Bath on Accommodation category, Cornwall’s “These awards are a celebration of our
23 April. Screech Owl & Wildlife Park in the Small thriving tourism industry. They highlight
Visitor Attraction category, Salad Days the people and the organisations that
Three South West nominees took Beach Hut from Somerset in the Dog deliver amazing experiences for visitors,
prestigious Gold trophies in the national Friendly award, Tewkesbury Park in the raising the profile of England as a world-
awards: Landal Gwel an Mor from Business Tourism Award, Dorset’s Moors class destination.
Cornwall in the Holiday Park / Village Valley Country Park and Forest in the
category, The Roman Baths & Pump Large Visitor Attraction category and “The finalists have shown themselves to
Room from Bath in the Inclusive Tourism Cornwall’s Polmanter Touring Park in the be of the highest calibre, using their talent
category and Restaurant Hywel Jones by Holiday Park & Village award. and innovation to deliver excellence. The
Lucknam Park from Wiltshire in the Taste hundreds of applications this year reflect
of England award. There was a surprise bonus for the region the quality products across our tourism
as The Guardian’s Richard Mellor took a landscape and I warmly congratulate all
special award for Travel Article of the Year the finalists and wish them the very best
for his coverage of the Isles of Scilly Low of luck.”
Tide event.
The South West awards will be held on the
following dates:
Cornwall Tourism Awards – 1 November
Dorset Tourism Awards – 8 November
Bristol, Bath & Somerset Tourism Awards – 15 November
Devon Tourism Awards – 22 November
Beautiful South – 5 November
South West Tourism Awards – 7 February 2019 Robin Barker,
Services For Tourism
www.services4tourism.co.uk
Good luck to all nominees for this years’ awards,
we look forward to seeing you all!SEASONAL WORKERS POST BREXIT Many leisure and hospitality businesses have EU nationals living and working for them. Similarly, such businesses in the UK bring skilled tradesman from throughout Europe to our shores to add to their workforce at times of peak demand. The draft withdrawal agreement published on 19 March has provided some clarity on what can be expected in terms of the rights of EU nationals after the UK leaves the EU.
EU nationals in the UK Questions left unanswered Furthermore the Migration Advisory
Committee (MAC) was tasked with
EU nationals who are lawfully residing We don’t know whether there will be free recommending a new immigration system
in the UK as at 31 December 2020 will movement of people post 31 December to come into force after the transition
be able to continue to reside in the UK. 2020. It seems fairly inevitable that after period (i.e. 31 December 2020). Their
It must be noted however that all EU 31 December 2020 persons moving report came out on 18 September 2018.
nationals are going to have to make around will be subject to visa control. Amongst various recommendations,
some kind of application to secure their MAC recommends that a post-Brexit
residence status and at some point The agreement does not clarify immigration system gives no preferential
registration for all EU nationals will come what future arrangements will be for treatment to EU nationals. However, it
into force. The Home Office are calling Norway, Iceland, Lichtenstein and must be noted that at the beginning of the
this residence status “settled status”. Switzerland. The rights of Irish citizens, report the MAC concedes that the UK’s
however, will not change and they will not post Brexit immigration system could be
EU citizens who have been lawfully need to apply for settled status. decided by the UK on its own or could
resident in the UK for five years before 31 be part of the negotiations with the EU.
December 2020 will be entitled to “settled There is currently no clarity regarding EU Therefore, there is a possibility that these
status” to protect their continued right to citizens who are not lawfully resident after recommendations are thrown out by
reside in the UK. the end of the transition period. It could negotiations with the EU.
be assumed that these persons will be
Those who arrived in the EU before 31 liable for removal. Thefefore it is assumed
December 2020 but who have not lived that an EU citizen must be and continue What should employers do now?
in the UK for five years will be allowed to to be a worker, self-employed person,
apply for ‘temporary status’ to enable them student, or self-sufficient person, or have Firstly, it would be wise to do an audit of
to acquire five years of residence. At that lawfully retained those rights. your staff and see who may be impacted.
point, they can apply for ‘settled status’.
There is also a lack of clarity for EU Employers would then be able to reassure
According to the draft agreement, EU nationals who have already gained those affected of their likely position and
citizens will be able to spend up to five permanent residence but are not in fact consider arranging for them to speak
consecutive years outside of the UK resident in the UK on 31 December 2020. to a specialist immigration lawyer to
without losing their settled status, once understand their personal right to live and
it has been obtained. Under the current The draft agreement, on first glance, work in their country of choice.
law, settled persons lose their settled suggests that those EU citizens who
rights after two consecutive years outside already hold a permanent residence Within the UK, there are steps that can
of the UK. document for the UK but who are not be taken now to obtain a permanent
living in the UK as at 31 December residence document. Having this will
NB: under the draft agreement, only those 2020 may not be included in the new protect people’s position, reassure them
EU citizens who are married before 31 application process. and avoid having to apply later alongside
December 2020 have an automatic right the huge number of EU nationals who will
to join their spouse in the UK. For those The draft agreement is also part of the be applying under the new law.
married after that date, normal immigration wider Brexit negotiations, so won’t be
rules will apply which will mean certain agreed until ‘everything is agreed’.
requirements having to be met before the
spouse can remain in the UK.
Jhenna Mortimer is an immigration
advisor in the immigration team.
For advice on how Brexit will impact
you as an employer or employee,
or if you have a question about
immigration, please contact Jhenna
Mortimer or Lisa Mulholland on
01392 210700 or email immigration@
stephens-scown.co.ukOnline buying is standard
In the 21st Century buying online is the norm
for most people. It’s the way they want and
expect to be able to buy from you.
Online Travel Agent (OTA) or
direct – customers don’t care
You care though…
The truth – customers don’t care if they use
an OTA to book with you. Why would they?
The result is the same. Sometimes they’re
not aware of the difference.
However, you’re aware of the commission
you pay to third party booking sites. Clearly,
if customers book directly it’s more money
to you.
Direct custom is the best
custom
Where’s your brand on Booking.com?
Nowhere. For a customer sent from an OTA
your hotel or holiday park is…just a hotel
or holiday park. They were indiscriminately
searching for deals. And, because it’s third
party, you don’t have their data. They’re
“drift on by guests”.
POOR TO If they book directly, they’re already more
engaged. You’re delivering your brand to
them, and with their email you can keep
BRILLIANT:
doing so – with the potential for repeat sales
in the future.
It’s about added value too – on your site
Impact of Booking
you can include extras like breakfast, late
checkouts or a teddy on arrival. OTAs don’t
offer teddies.
Engines on Revenue Make it super easy for
customers
Customers don’t allow time for your online
booking engine to be clunky, slow or worse
Booking engines are everything… – not working. The moment this happens,
they go elsewhere or to an OTA. So, you
they can make or break your hotel need to make their lives easier with a
brilliant booking engine.
or holiday park, it’s that basic
(and scary).Brilliant booking engines Whereas, odd little percentages like a Hallmarks of a brilliant booking
1.26% conversion rate increase (hooray!?) engine
The world is digitalised, and online can be almost meaningless to your
systems (of all types) have come a long business. What’s 1.26% in money? The nuts and bolts….
way since the days of dial up. Simply
having an online booking engine isn’t • helps Improve direct bookings
modern, but one that’s quick, smart and Poor engine to brilliant – huge
revenue increase • gives a far better user experience
a breeze to use is modern. Not only this,
but, brilliant booking engines are a basic • provides simple booking steps
customer requirement. The proof is in the pudding....
• gives strong, consistent branding
Recently, we helped a client move • seamlessly merged with your site
See booking engine booking engines and created them a
• secure and confident transactions
performance with Google new website – fully optimised to drive
Analytics customer bookings. • marketing ready features (special
offers etc)
The most powerful way to understand In twelve months this boosted online • post-sale extra features
how your booking engine is doing is to sales by 63%.
connect Google Analytics. This gives you • full Google Analytics tracking
an in-depth picture of your customer’s Resulting in an increase in online revenue
booking journey. of £151,000 – almost tripling the previous These features could help your business
year. with three core benefits:
If you connect Google Analytics, you’ll be
able to see far more than the percentage It’s no understatement to say our client 1. more engaged, happier customers
of customers booking online. was delighted, but also shocked by this – 2. a deeper understanding of your
in the best possible way. business
Here’s what it could tell you (tip of the
3. increases in online revenue
iceberg):
• which marketing drove the initial
interest
• which emails generate the most
revenue
• which device customers are using to
book
• where customers abandon the
booking journey
This is all essential data. Without it you
cannot possibly know how your website
and booking engine compares to the
best.
Vital revenue measures for
your booking engine
The Revenue Trinity…
To deliver your revenue increases
• revenue (no surprises)
you need an independent expert, that
• number of transactions understands hospitality, technology
• average order value and marketing.
These are ideal measures (or KPIs to Please call 01803 872999 or visit
get technical), because they’re simple to www.clock-work.co.uk
understand and Google Analytics shows
them clearly. Pete Stevens
Senior Marketing Analyst
Images: Vecteezy.comManaging a
return from
sick leave
The media
The Chartered Institute of Personnel The CIPD survey identified that the
and Development (CIPD) conduct an method organisations rank as most
is full of
annual survey of absence management effective for managing both short and
in partnership with Simplyhealth. The long-term absence is a return-to work
Health and Well-being Survey 2018 interview. This is a really important
stories about reported that, from their survey of 1,000
HR Professionals overall sickness absence
time for a business to catch up with an
employee, to make sure they are fit and
how many levels were 6.6 days per annum, per
employee. This is only a slight increase
ready to return to work, to put in place
any measures that will give that return
business days on previous years but more worryingly,
the responses highlighted an increase in
the best possible chance of success
and to make sure that the employee is
sick leave
absence due to mental ill health and the updated on things happening within the
growing prevalence of ‘presenteeism’ business. How an employee returns
costs.
(working when unwell) and ‘leavism’ to an organisation after a period of
(working when on holiday). sickness absence is crucial to their
future absence record and arguably
Most businesses are very conscious of their motivation.
the significant impact sickness absence
can have on their performance and There is no silver bullet to make the
policies and procedures can be used to return successful and a range of
reduce absence levels, manage long-term behaviours will be important, with
and intermittent absence and improve adjustments to take into account
productivity. This may involve several the reasons for and length of the
phases including: underlying absence. However, the
CIPD survey reported that only a third
• measuring the levels of and reasons of respondents are managing absence
for absence through an organisational focus on
health and wellbeing, suggesting that
• implementing “wellbeing” and too many businesses are perhaps still
preventative measures not taking enough of a proactive and
preventative approach to employee
• seeking medical guidance health.
• managing the employee while they If you are looking to manage a return to
are absent work, here are some of our top tips on
how to manage that return successfully:
• managing their return to work.
• At all times use good people
management skills including effective
communication, sensitivity and
understanding• Make sure you know the latest • Get in contact with your employee We regularly deal with enquiries through
medical advice on any suggested before they return and make sure they our HRExpress service about how to
adjustments to hours, duties and so know what’s going to happen manage sickness absence and we
on but be careful about how widely are well-placed to be able to support
known this information is and • Have a return to work meeting on you with both short and long-term
remember that at this point, it’s more your employee’s first day back and in absence. Sometimes, though, it
about the person than their illness or doing so, offer support and reassurance can be easy to forget that managing
condition someone’s return to the workplace,
• Manage the early days after the can be just as important and as difficult
• Talk to the employee’s line manager, employee returns carefully and keep as managing their absence. If this is
who is the employee’s first contact everything under review and maintain a valued employee you have invested
point and responsible for their day regular contact to ensure they are in but who needs a little extra support
to day management, to identify any recovered and coping. Make sure that from you to get through a difficult time,
possible underlying reasons for the they know where they can go if they don’t give up on them at the time when
absence e.g. performance issues, need to – feeling ready to come back they most need you. Your remaining
conflicts with other employees to work is often quite different once workforce will see the time and effort
including the line manager and so on. someone is back in the workplace you give to their colleague and where
It is possible that the line manager that colleague’s illness and their need
is part of the reason for poor sickness • Keep going! It’s easy to return to for support has been genuine, you will
records of the employee so this business as usual once an employee very often find that that in turn builds
would need to be dealt with carefully. is back at work but they may need engagement and motivation across the
Alternatively, there may be broader support for some months to come whole business.
culture issues within the organisation and there need to be routes to make
that need to be addressed that happen Our HRExpress team specialises in
offering HR and employment law
solutions to small and medium sized
businesses and organisations and we
would be delighted to talk to you if this
would be of interest.
Ellie Hibberd is a partner and specialist in employment
law. To contact Ellie, please call 01392 210700 or email
employment@stephens-scown.co.ukEmployee Ownership –
what’s in it for your business
One of the biggest challenges facing today’s businesses is the
need to engage, motivate and reward staff, while at the same
time driving business performance.
“I’ve always believed that great client Between 2010 and 2017, employee Increased resilience
service starts with having a happy ownership increased by 60 per cent Employee-owned businesses grew
and engaged workforce. Employee in the UK. It’s not hard to understand sales by 11.1 per cent in the last
ownership is a very tangible way to why more and more organisations are recession, compared to growth of just
show that the firm values everyone’s choosing employee ownership as the 0.6 per cent among non-employee-
contribution, regardless of seniority or best way to develop and strengthen owned businesses.
job role. And it gives our people a direct their business. Proven benefits include:
stake in the success of the business, Increased recruitment pools
which is a powerful motivator.” Robert Increased productivity Forty-four per cent of UK adults say
Camp managing partner. Productivity in the UK’s top 50 they would be more likely to apply
employee-owned businesses rose for a job at an employee-owned
In May 2016, Stephens Scown became 6.2 per cent in 2017, compared to a business, giving firms who take this
the UK’s first large law firm to become nationwide average of just 3.4 per cent. route a much wider pool of potential
employee owned. As well as a positive recruits – perhaps because 80 per
reaction from employees our employee Increased sales growth cent of employee owners are happy
ownership has also been welcomed by In 2017, the growth in combined sales to recommend their organisation as a
our clients, who receive better service of the UK’s top 50 employee-owned workplace.
from happy and motivated staff. It has businesses outperformed the growth in
also helped us to differentiate ourselves GDP by 50 per cent.
from other law firms in a competitive
recruitment market. Increased trust If you’re thinking about introducing
The Edelman Trust Survey 2017 found employee ownership into your
that almost 60 per cent of respondents business, few law firms are as
But what benefits does think employee-owned businesses are well placed as Stephens Scown to
employee ownership bring to more trustworthy than businesses not advise and guide you through the
a business? owned by their employees. Forty-one process as smoothly as possible,
per cent of UK adults claim they are minimising the risks and giving you
Driving business performance more likely to buy products or services the information you need to make
The benefits of employee ownership from an employee-owned business. the right choices for your business.
stretch beyond engaged staff and
happy clients: they can also be seen in For more details visit
improved business performance, even www.stephens-scown.co.uk/
in testing times. employee-ownership
or contact Christian Wilson on
01872 265100how
So...
does
it
FEEL?
I’ve been asked
that question more
than a few times in
the weeks since we
became employee
owned. Guy
Singh-Watson
The answer? I am starting to feel the I knew it was the right choice on the For years I have loved that view,
soil under my feet again, my shoulders day: when we had the best party the across the fields that I have walked,
definitely feel lighter, and an unfamiliar farm has ever seen, full of spontaneity planted, and hoed so many times –
smile keeps settling on my face. and joy; when my staff gave me a seat over the reservoir where my children
Maybe I’m imagining it, but I think my fashioned from the remains of last learnt to swim, to the wood-shrouded
fellow co-owners are smiling more too, winter’s fallen oak; when we all signed Tor Hill. After a few moments, I saw
and everyone’s energy has gone up a a giant scroll as witnesses to the that I was not alone: four previously
gear. occasion; when several staff, old and landless co-owners were also taking in
new, spoke movingly of what Riverford the landscape. I shook myself when I
After 12 years of thought, debate means to them and their hopes for realised it was no longer mine – to do
and prevarication, Riverford Organic our future, to rapturous applause; with as I pleased, to share if I wanted,
Farmers became 74% employee when I found myself standing on the or not if I didn’t. Now it was ours,
owned on Friday 8th June 2018. shoulders of two acrobats with a rose forever, with no going back. To my
Amongst all the signings, meetings in my teeth… but most of all when I surprise and relief, in the last light of
and legal documentation, I was tearful, staggered off, overwhelmed, to take a a perfect day, that felt perfect – and it
grumpy and awash with churning few minutes on my own and enjoy dusk still feels perfect weeks later.
emotions – but doubt was never falling into the valley.
one of them. The best indication of
business efficiency (and most valid
prediction of future success) is getting
the best out of people while giving
the most back; return on capital is a
poor, short-term proxy. I want to be
part of an organisation that helps us
be the best version of ourselves – that
facilitates and grows people. Find out more about a Riverford
delivery at www.riverford.co.ukYou can also read
