Law-Call is a 24 hour legal helpline, available for free to Alliance members. It provides confidential and jargon-free legal advice to early years providers on issues such as:
- Employment and HR issues, including guidance on how to handle disciplinary matters, termination of an employee’s contract, sickness absence within the workplace, statutory rights and employers obligations
- Health and safety matters
- Property-related advice on licences or lease agreements
- Contractual disputes with suppliers
- Debts and debt recovery
- Tax and VAT issues relating to the setting
- Data protection
- Charity law
Example query: rental dispute with a school-turned-academy
Chair of a pre-school committee, Kate*, contacted Law-Call after receiving a letter from the school where they rent classrooms. The school, now an academy, hinted at setting up their own early years provision and significantly increasing the rent. Kate fears this could lead to their closure.
Kate provided a 2018 document indicating a two-year licence with a modest rent. Law-Call inquired if the premises were exclusively used by Kate’s committee or shared with the school. If shared, it is likely a licence, offering little legal protection, requiring negotiation on rent, and allowing the school to terminate with reasonable notice.
Kate clarified they rent two separate rooms with their own entrance and no shared facilities. Law-Call confirmed this indicates a lease, protected under the Landlord and Tenant Act 1954. The school cannot terminate without following legal procedures and notice. Law-Call advised consulting a surveyor/agent for current rental rates to negotiate with the school. If no agreement is reached, they can serve a counter notice and seek court intervention for lease terms and rent determination.
*The above scenario is a fictitious example.
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Law-Call is a fantastic service that Alliance membership providers. It’s given us peace of mind when we’ve had a few issues with the setting. It means there’s always someone on the phone we can talk to.”
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