Vicky Carr, Author at The Stray Ferret

Regulator shuts down Harrogate and Ripon law firm Ray Nixon Brown

A law firm with offices in Harrogate and Ripon has been closed down by the regulator over concerns about the way it was operating.

Kingly solicitors, which was trading as Ray Nixon Brown from offices on Victoria Avenue in Harrogate and Duck Hill in Ripon, was shut by the Solicitors Regulation Authority.

The organisation has intervened in the firm, part of national company Kingly Solicitors, as well as the practice of its three directors, Simon Hutcheson, Simon Peacock, and Champitka Ratnayake.

A spokesman for the SRA said:

“The grounds of intervention are a failure by Mr Hutcheson, Mr Peacock and Ms Ratnayake to comply with SRA rules, and a reason to suspect dishonesty on behalf of Nural Miah, who is a manager of Kingly Solicitors.

“The practising certificate of Mr Hutcheson, Mr Peacock and Ms Ratnayake have been automatically suspended, so they cannot practice as a solicitor. Mr Miah is not a solicitor.

“An intervention means the SRA has closed a firm with immediate effect. It will stop the firm from operating, take possession of all documents and papers held by the firm, and take possession of all money held by the firm (including clients’ money). It is not responsible towards employees or trade creditors of firms that it has intervened in.”

The spokesman said all current clients of Ray Nixon Brown and Kingly solicitors will be contacted by two agents – James Dunn of Devonshires Solicitors LLP and John Owen of Gordons LLP – about their cases. However, anyone concerned can contact Mr Dunn at intervention-team@devonshires.co.uk, or call 0207 065 1830, or Mr Owen at kingly@gordonsllp.com, or call 0113 227 0360.

Engineers tackle major pipe burst on Otley Road in Harrogate

Water was gushing down Otley Road in Harrogate this morning after a pipe burst near the junction with Pannal Ash Drive.

Flowing downhill, the water reached past Harrogate Grammar School, as well as down Cold Bath Road where it was running into driveways and towards garages.

On Otley Road, sandbags had been placed at the door to a flat above So! Bar and Eats to stop the water running into the property.

Sandbags outside So! Bar and Eats on Otley Road to prevent water entering the property

Engineers from Yorkshire Water were on the scene before 8am to repair the leak. A stop-go traffic control system was put in place and there was no sign of queuing.

Yorkshire Water engineers on site to repair a leak on Otley Road in Harrogate

Some households nearby have been warned to expect low water pressure until the problem is fixed. A spokesman for Yorkshire Water said:

“A burst pipe on Otley Road was reported to us shortly after 6am, which caused some disruption to water supply for nearby properties. Our teams currently on site have isolated the leak, are restoring supply to customers and will be working to repair the burst pipe as soon as possible.”

#HG2 #OtleyRoad We are now onsite for repair. Unplanned interruptions are normally completed within 4-6hrs and we will tweet when the issue is resolved. Thanks for you patience. pic.twitter.com/jUEks1LhSw

— Yorkshire Water Help (@YWHelp) August 11, 2020

Goose play centre set to go into liquidation

Children’s play centre Goose is set to go into liquidation.

The company, based on Hornbeam Park in Harrogate, issued a notice on Saturday seeking a decision from its creditors on the nomination of a liquidator.

A virtual meeting is set to be held on August 21, when a resolution to wind up the company will be considered. Creditors are expected to be contacted directly to attend the meeting, but anyone who has not been contacted can get details of the meeting from nominated liquidator Kieran Bourne of Cromwell & Co Insolvency Practitioners in Coventry.

Prior to the coronavirus lockdown, Goose was a popular destination for families, offering play and craft facilities as well as a cafe area.

Director Rachael Howard set up the business as Goose Playspace Ltd in September 2017. It had previously been open under the same name and closed suddenly in July 2017.

Blow for Harrogate hospitality as major exhibition called off

A major event in the Harrogate Convention Centre calendar has been called off for January 2021.

BIGGA Turf Management Exhibition (BTME) has been taking place at the venue for more than 30 years.

However, with HCC’s future still unknown until the NHS confirms whether the Nightingale hospital is needed over winter, and with social distancing measures making the busy international event difficult, the organisers have cancelled it for the first time since 1989.

Instead, they will hold a “festival of turf” in the summer, which they hope will be outside. A spokesman for BIGGA (the British and International Golf Greenkeepers Association) said:

“The Harrogate Convention Centre, home to BTME since its inauguration as the European Turf Management Exhibition (ETME) in 1989, has been utilised as an NHS Nightingale Hospital since the peak of the outbreak in April and BIGGA is incredibly proud to be associated with a venue that has been transformed to enable the treatment of covid 19 patients, should the need arise.

“However, the alteration of dates will require a new venue to be found and discussions are underway with potential event hosts. Details will be released in due course.

“It is anticipated that BTME will return to the Harrogate Convention Centre in January 2022.”

The news will come as a blow to the hospitality industry, which benefits from delegates staying in local hotels and guesthouses, eating out at restaurants and visiting other venues in the town. Kimberly Wilson, chair of guesthouse association Accommodation Harrogate, told the Stray Ferret:

“This is an important event for Harrogate. After December 15, Harrogate is very quiet until the Christmas and Gift Fair, which is mostly day trippers, and BIGGA is the first big show of the year.

“It’s a big deal for the town. They take a lot of beds – there are three main days and they do a lot of life-long learning around it, so some people stay for five days. It’s a longer event and they spend a lot of money in restaurants and bars.”

The organisers said they would move their education programme, Continue to Learn, online in January next year. Organisers said they expected the event to return to Harrogate Convention Centre in 2022.

However, with other events also taking place online, fears have been raised about the future of the conference industry, especially if social distancing measures remain in place for many months or even years. Ms Wilson said she was concerned about the potential long-term impact if event organisers decided not to resume in person in future.

Harrogate Convention Centre is currently in use by the NHS as a Nightingale hospital

The announcement about BIGGA follows the news that the Flooring Show is moving from its usual home at Harrogate Convention Centre in September to the Yorkshire Event Centre at the Great Yorkshire Showground in late February. Its organisers are putting on shuttle buses to help attendees get to and from the town centre.

Meanwhile, the Bridal Show has also moved from HCC to the Yorkshire Event Centre and is set for early October this year.

No announcement has been made about whether the Nightingale hospital will remain in Harrogate. The NHS’s contract to use the site expired last Friday, but a two-week extension was announced to enable negotiations to continue.

The Prime Minister has announced £3 billion of funding to enable the Nightingale hospitals around the UK to be maintained if needed. However, the one housed at Birmingham NEC has since been scaled back and the venue is preparing to host events from October 1, when covid guidelines change.

Two teens arrested after burglaries in Harrogate and Knaresborough

Two teenagers have been arrested in connection with burglaries in Harrogate and Knaresborough.

The offences took place in Westbourne Avenue, Harrogate, on Tuesday, July 28, and in Park Avenue, Knaresborough, on August 3, both in the early hours of the morning.

In both cases, keys were taken from inside the homes and cars stolen from the driveway. A black Toyota Hilux taken from the Harrogate burglary has not yet been recovered.

A 17-year-old boy has been arrested in connection with both burglaries, along with a third which took place on Danum Road, York, overnight on August 3. The victims discovered the following morning that a handbag, wallet, two purses and bank cards had been stolen.

The boy has been remanded in custody and is due to appear in court in relation to a separate matter.

A 19-year-old man was also arrested in connection with the Knaresborough burglary and has been released on conditional bail.

Police are still appealing for information, including CCTV, dash-cam or doorbell camera footage, to help with the investigation. Email dominic.holroyd@northyorkshire.pnn.police.uk or call North Yorkshire Police on 101.

Alternatively, to report information anonymously, call Crimestoppers on 0800 555 111.

Quote North Yorkshire Police reference numbers 12200128831 for the Westbourne Avenue, Harrogate burglary, 12200132924 for the Park Avenue, Knaresborough burglary, and 12200133548 for the Danum Road, York burglary.

Council leader leaves Harrogate BID

The leader of Harrogate Borough Council has resigned from Harrogate BID.

Cllr Richard Cooper is still listed as a board member on the organisation’s website, but information on Companies House reveals he stepped down in June.

He was replaced on the same date by Trevor Watson, HBC’s director of economy and culture. Neither the council nor the BID has given a reason for the change.

Harrogate BID Acting Chair Sara Ferguson said:

“On behalf of Harrogate BID, its Board and members, I would like to thank Richard for his valuable contribution.

“Richard’s place on the BID board has been filled by Trevor Watson from Harrogate Borough Council’s economic development team, who has already attended a number of board meetings.

“Additionally, we have also co-opted two additional advisors, Lesley Wild, the former Chair of Bettys and Taylors Tea, and Jim Mossman, co-owner of Cold Bath Brewing Company.”

‘Strong influence’

Cllr Cooper’s resignation came six weeks after four board members – including the chairman – stepped down, citing the undue influence of the council in the organisation.

In their joint resignation letter, outgoing chairman Bob Kennedy and board members Chris Bentley, Robert Ogden and Rob Spencer said:

“Without a consensus view on the board of the dire state of the town’s economy, particularly its retail heart, and its causes, addressing the key issues cannot be achieved.

“The strong influence of Borough and County Council on the board of an organisation that according to government guidance is supposed to be a ‘business-led’ partnership means that any initiative that addresses the councils’ input is endlessly debated, and sensible options resisted. It has not even been possible to garner cross-board agreement that the current aesthetic state of Harrogate town centre is not adequate, something that is self-evident to business leaders and residents alike but is constantly denied or excused by councils.”

Mr Spencer, of Townhouse Design, told the Stray Ferret at the time that the council members on the board were “very defensive” about what others felt were problems in the town, such as the level of cleanliness and the overall appearance. The letter also said additional confidentiality restrictions imposed on board members were a threat to the organisation’s transparency and were incompatible with the function of a public body.

Harrogate BID is funded by a compulsory rates levy on businesses in the centre of Harrogate. It was voted in at the end of 2018 and began operating the following year, with a five-year term before rate payers will have to vote on whether it should continue.

As lockdown was eased, the BID announced it would fund additional street cleaning in early June to make the town centre attractive to returning shoppers. It also offered small grants to businesses to fund social distancing measures to enable them to open safely, and sent out packs of signage for levy payers to use around their premises.

David Bowe, director of North Yorkshire County Council, remains on the BID board, along with representatives of local businesses across sectors including independent retailers, chain stores, hospitality and service companies.

Harrogate Borough Council did not respond to the Stray Ferret’s request for a comment.

Two cars stolen as Harrogate street targeted for second time

Two cars were stolen from a driveway in Harrogate when thieves broke into the house and stole the keys.

The Audi Q7, registration YH66 MHR, has since been recovered, but the black Toyota Hilux, registration YF69 EYF, has still not been found.

The two-in-one burglary also saw a handbag containing a deep red Kate Spade purse and distinctive make-up bag taken from the home, on Westbourne Avenue. The handbag was found outside – minus the contents – following the theft, which took place on Tuesday, July 28 between 1am and 6am.

Police are now appealing for anyone with information to come forward. A spokesman said:

“Anyone who has any information about the stolen vehicles, who may have seen the vehicles driving in the area or who has information that could assist the investigation is asked to contact North Yorkshire Police.”

To contact police, call 101, select option two and ask for Liz Estensen, or email elizabeth.estensen@northyorkshire.pnn.police.uk. Alternatively, to report information anonymously, call Crimestoppers on 0800 555 111.

Quote North Yorkshire Police reference number 12200128831.

It is the second time in six weeks that a two-in-one burglary has been carried out in the same street. On June 20, a first-aid kit, a doctor’s bag and some handmade scrubs were taken from a home in Westbourne Avenue, and thieves took the keys for the BMW 220D on the driveway.

The car and most of the items were later recovered, but a personalised thermometer, child’s car seat, Ray-Ban sunglasses and a make-up bag were taken from the car.

Column: Can your employer force you to return to work?

This article is written for the Stray Ferret by Harrogate employment lawyer Richard Port. Richard is Principal Solicitor and Founding Director at Boardside legal. In a series of articles, he explores the issues raised for employers and employees returning to work post furlough. This article is not legal advice – more a look at the complexities of the current situation.

This week, he looks at where an employee stands if he is asked to return to his workplace, but does not want to do so.

My client, ABC Ltd is a food production business, meaning that as an essential service it has continued to operate in lockdown. Many, but not all, of its employees have continued to work, albeit paying due regard to health and safety measures in the workplace, in line with government guidelines.

‘Fred’ was one of a small number of employees who were furloughed in response to Covid-19, at least until ABC Ltd recently asked Fred, in particular, to return to the workplace. But he was not keen.

Employees may be reluctant to return to work for a variety of reasons, some of which may not be genuine, but many of which are likely to be so (often supported by various legal protections). Even if ABC Ltd believes that a reluctant returner is exaggerating his other concerns, it would still need to approach the problem with caution, dealing with those ‘concerns’ very carefully indeed.

As an adviser to ABC Ltd, I have had to discuss various scenarios with the client warning them about how easy it is to get things wrong and with it the very real risk of exposure to legal proceedings and the significant associated costs.

Like all employees, Fred has certain protections should he refuse to attend the workplace because of a reasonable fear of ‘serious and imminent danger’, a concept that will differ from one employee to another. For Fred, one major concern was the matter of travel to work on public transport, the risk of which he finds unacceptable.

Bearing in mind that the concept of ‘clinically vulnerable’ includes the over 70s and those with underlying health conditions, I also discussed with ABC Ltd Fred’s age and the fact he has no known health conditions. Fred is in his 60s, so does not trigger the age qualification for being clinically vulnerable, so potential age discrimination was not relevant.

It has been well documented that a number of employees have suffered with the consequences of Covid-19. My concern was that this could potentially be an issue for Fred, save that Fred’s own GP refuses to sign him off work.

Nonetheless, ABC Ltd should still listen to his concerns about returning to work, to understand how he is coping and what his real concerns about returning to his duties are. Remember, employers have an obligation to consider reasonable adjustments, including employees’ work patterns.

Finally, employees do have a right to request a reasonable amount of time off caring for dependants, albeit this would be unpaid. Fred’s wife does suffer from arthritis and I am aware that he does all of the shopping, for example. However, he has not raised this as an issue and in any event ABC Ltd has already offered him unpaid leave.

But of course, it is one thing thrashing this out with me, quite another to be discussing these types of matters with Fred directly. Effective communication is key to reducing the risk of employment related issues and even an adverse finding at an employment tribunal.

Next week, Richard looks at redundancies as businesses deal with the impact of the covid crisis.

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‘Strong influence’

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