Why Do I Need A Solicitor To Help Me With My Care Business?

This article addresses critical topics for the care sector, including compliance with sponsorship licences, updating resident contracts, managing personal succession documents, optimizing company share structures, strategic succession planning, and adhering to staff accommodation regulations.
UK Food, Drugs, Healthcare, Life Sciences
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Whilst I am sat here on the train, eating my chocolate mousse (if you haven't tried a Pret choc mousse you should!) I have been thinking about what topics those working within care really want to read about. You are busy people, spinning lots of plates, so I will keep it punchy.

Sponsorship Licences

Do you have one? If so, are you operating correctly under it? The repercussions of getting it wrong are big fines and worse case scenario losing your licence, how many staff would you lose overnight? Our immigration team are kept nice and busy by completing audits for care clients, to plug the gaps and make sure they get their sponsorship licence top notch in case the Home Office come knocking.

Resident Contracts

When was the last time you reviewed your resident contracts? Does the contract allow you to recover fees from a resident who has moved on or passed away? How do you deal with LA residents, do they have a separate contract with you? Have you considered the consumer rights act? If those contracts have been in a draw for a while and/or you roll out the same precedent you might have pinched/googled some time ago, now might be the time to have these reviewed to ensure you can evoke the terms if you ever need too.

Wills and Lasting Power of Attorneys

A personal one now. Have you updated your Will recently, do you need an LPA? Do your personal documents fit in with your succession plans?

Share Structure

How is your company currently set up? Do you want/need a holding company to separate a group (handy if you are going to sell piecemeal or just to ring fence)? Is your structure the most tax efficient? Do you need to consider shares for employees or re-distribute the shares amongst family members? Have a chat with us about your future plans and we can advise alongside your accountant.

Succession Planning

Where do you want to be in 5 or 10 years time? What do you need to do to get there? Sell/Buy an asset, get investment, change your staff structure? Hire a strategy coach? Share your aspirations and we can help you get there.

Staff accommodation

Do you own property which is occupied by employees? If so, have you considered your landlord obligations? Can you remove the tenants as you please or do they have rights? Is the occupancy linked to employment? We can put in place a service occupancy agreement (which is needed BEFORE they take up residency) to protect your rights or help you manage your portfolio if the staff are already in situ. You don't want to be left with former employees in your property with no right to evict plus potential consequences as landlord obligations have not been adhered too.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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