A focus on… Law-Call

Offering legal support and advice 24 hours a day, seven days a week, Law-Call remains one of the Alliance’s most popular and important membership benefits.

The service, available for free as part of Alliance membership, gives early years providers access to 24/7 legal advice and guidance on a range of important issues. While over recent months, the most common queries have related to HR (including disciplining an employee, sickness/absence, and terms and conditions of employment), Law-Call’s support spans a range of legal issues including safeguarding, charity law and lease agreements.

With less than two years of service, terminating an employee quickly and without a full process is often considered ‘safe’. However, Law-Call advises against dismissal without documented evidence of the issues leading to the decision.

Jenny*, chair of a pre-school committee, contacted Law-Call regarding complaints about Helen*, an employee with just over a year of service. The complaints, although minor, were documented and addressed informally through supervisions and additional training, with records kept. Despite these efforts, concerns about Helen’s performance persisted, leading the committee to consider her dismissal. They invited her to a formal meeting to discuss the concerns.

Before the meeting, Helen alleged that her colleagues were trying to get her to leave due to her religious beliefs, citing differential treatment after she declined certain activities. Her conduct issues were then met with further allegations of discrimination.

Following Law-Call’s advice, Jenny postponed the meeting and initiated the grievance procedure. An investigation found that Helen’s strained relationships were due to unprofessional comments she admitted making. After the grievance was concluded and not appealed, the formal meeting was rescheduled. All the documented support was reviewed, and Helen was dismissed with notice. It is important to note that without detailed documentation, rejecting Helen’s complaint of religious discrimination would have been much more difficult.

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.

*All individuals named in the above scenarios are fictitious examples.

There are limitations on who at a setting LawCall is able to speak to. The legal advisors are only permitted to speak to a member’s registered contact, which is often the owner of a setting or the chair of the committee.

If a manager of a setting needs advice on an issue in relation to a member of staff, this can be provided with the permission of the setting owner or committee chair. However, Law-Call would not be able to advise the manager on an issue relating to the owner or chair themselves as this could potenetially constitute a conflict of interest.

To contact Law-Call, call 014552 55205 (you will need to have your membership number available to quote).