Member News

NORWICH, Tuesday 11th November 2014 – Norwich International supports local students. Norwich International Airport was delighted to provide a group of travel and tourism students with an insight in to the aviation industry during a visit to the airport on Friday.

The students currently attend The Open Academy which offers a course aimed at pursuing a career within the travel and tourism industry.

The visit was hosted by the airports customer services team who gave a presentation and introduction of their roles within the airport and escorted students on a passenger journey through the airport to enable them to experience the various elements involved and observe the importance of good customer service throughout.

Gary Blake, Customer Services Manager said: “We were delighted to facilitate the request from The Open Academy and deliver an informative visit to the airport which enabled the students to gain an insight into working within an airport environment. We hope the experiences shared with the group will inspire them to work hard and gain their associated qualifications, the first step towards working in the travel industry in the future”

Andrew Bell, CEO of Norwich International said: “Everyone at the airport works extremely hard to maintain high levels of service with the aim of being the airport of choice for friendliness and great customer service. We were pleased to be able to share the experience and knowledge of our staff with The Open Academy students to better prepare them for their future careers”

Kim Stickland, Deputy Director of the Academic Faculty at the Open Academy commented: “This was a fantastic opportunity for our Travel and Tourism students to see what goes on behind the scenes at an International Airport. The airport staff created a fictitious flight for us, and students were taken through all stages of departure and arrivals, including check-in and security checks, with a very informative tour of the airfield in-between.

As an Academy with International School status we are especially keen to ensure our students are fully aware of career opportunities in the wider world, and this visit gave them a real insight of possibilities in tourism and travel both here in Norwich, and further afield.”

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So you have a new addition to your family. That’s fantastic news! But after spending the last few months settling into parenthood, your mind may now be turning to going back to work.

If returning to your job is something you’re excited about, well that’s great. But we wouldn’t blame you if you’re also feeling a little nervous about how you’re going to handle the change in lifestyle.

Becoming a mum is a huge responsibility, so the thought of adding another plate to the ones you’re already spinning may well be daunting! It’s completely natural to question your ability to manage motherhood while being a good employee. And it’s also normal to feel a little doubtful about going to work when your child is still young.

So if you’re a ‘returnee’, read through our advice about stepping back into the world of work. We hope it’ll help make the process less worrying.

1.Talk to your employer early Set a return date well in advance so everyone knows when you’re expected back and you can start planning child care. Why not go in for meetings to reintegrate into work? At Pure, we have ‘Keeping in Touch Days’ so ladies coming back from maternity leave start to integrate back into the business gradually with support of a mentor. Think about scheduling time with the person covering your job, and read meeting minutes and key emails. This should help reduce the pressure since you’ll already be up to speed.

2.Set up reviews When you return set up regular meetings with your line manager to track your progress. You can discuss any concerns and, at a later date, find solutions to obstacles that may be blocking your career development. Also, after you’ve settled into work, review your own goals. Have your ambitions changed? If so, what can you do about finding a new direction?

3.Arrange reliable child care Child care can be a source of concern for working parents. But, besides professional child care services, your relatives may also be willing to help out. It’s always a good idea to have a back-up plan in case your usual arrangement falls through. This will give you peace of mind; you’ll know that there will always be someone available to take care of your child so you can focus at work.

4.Have faith in your skills Trusting in your ability to juggle tasks effectively is important to your success. If you’re going back to your existing role, be it on a full-time or part-time basis, remember that you’re good at what you do. You may be feeling more tired these days, but you probably haven’t lost the skills that your employer really values. Be confident – you’ll do a fabulous job!

5.Negotiate flexibility It may help easing yourself gently back in your job. How about using any accrued annual leave to ‘buffer’ your return? You could perhaps start on two days and gradually increase your time over the coming weeks. Maybe your employer is open to flexible hours, so you can work around child care, school and other responsibilities.

6.Look after yourself The wellbeing of a mum is essential to the health of a young child. And this shouldn’t change when you return to work. Although you’re going to be very busy, finding some time to look after your mental, emotional and physical health is important. When possible, get a good night’s sleep. Don’t be tempted to snack on fast food or sugary snacks. And try to fit in some exercise – even if it’s a lunchtime speed walk around the local park.

7.Get organised If you’ve never been a big diary-keeper, now might be the ideal time to start! Making daily to-do lists will help you manage tasks. And by adding appointments as soon as they’re arranged, you should be able to keep track of which family members are doing what – and when. So, hopefully, there’ll be no surprises that’ll hinder your return to work.

Although returning to work is going to be a challenge, we really hope that our advice will support you in making that transition from full-time mum to working parent.

Emergency plans will be put to the test this November during an emergency exercise at Norwich International Airport. The exercise will start at 11.00am on Wednesday (Nov 12) and is expected to last until 15.00pm.

Norwich Airport Facilities Manager, Mel Gray said: “Norwich International Airport is required to undertake a large scale exercise every two years in order to satisfy the Civil Aviation Authority (CAA). During the intervening year the airport undertakes a table top exercise, however this year we are undertaking a smaller scale exercise to test the response of staff working within the terminal building. This exercise, will test our response and exercise our arrangements with external emergency services.”

“It is essential that we have plans in place to deal with emergencies to ensure the best response possible. Such plans are best validated through emergency exercises and we are extremely fortunate that in Norfolk there is a commitment from the emergency services and other emergency responders to work together in this way.”

As well as the airport employees, the Norfolk Constabulary, British Red Cross and local authoritieses will be involved in the mini exercise. This ensures that multi-agency working can be practiced and evaluated during the exercise.

Any lessons that are identified through this exercise will be used to inform the plan review process and will be disseminated to other relevant organisations to ensure that best practice is shared.

• East of England Energy Group (EEEGR) members invited to take a guided tour of Dart Fisher at Great Yarmouth Base • Dart Fisher provides first-hand opportunity to view state-of-the-art capabilities to service energy providers in the Southern North Sea • Fendercare Marine’s operational base showcases its flexibility in providing a platform to mobilise operations into the Southern North Sea

James Fisher Marine Services Ltd (JFMS), and Fendercare Marine, both subsidiaries of James Fisher and Sons plc (JFS) – the UK’s leading marine services provider, held an open day to demonstrate the capability of their shoreside support base and the offshore support vessel, the Dart Fisher.

The Dart Fisher, which was berthed in the Fendercare Marine base in Great Yarmouth, is a state-of-the-art vessel which has been specifically designed to service the offshore energy industry, is a 26-metre catamaran with the capability to transfer up to 12 engineers, three 20ft containers with a total combined cargo weight of 30 tonnes.

The open day not only provided walk-on tours of the vessel, but gave the opportunity for guests to ask questions about the vessel to the skipper and the first mate.

The delegates were specially invited from EEEGR, which represented over 400 members from across the energy supply chain. Celia Anderson, director of Skills for Energy, EEEGR praised the initiative by saying: “Today, I have had a unique opportunity to take a guided tour of a very impressive vessel designed specifically to service marine offshore energy industry, which not many people have the chance to do. This provided a great experience for myself, but more importantly the wider members of the skills council who vary from work experience students to current employees such as Gareth, who is working with Skills for Energy for Job Centre Plus, and Loren who has just completed an MSc at the University of East Anglia on Meterology and Oceaography, specialising in offshore engineering. For these people, this opportunity is invaluable”.

John Best, head of sustainable energy at FFMS commented by saying: “I was delighted by the reaction we had from our guests, especially from those who are considering the industry for future careers. Much is said about ‘local content’, but I feel sure that by sharing our knowledge and experience in this way we will have no shortage of skilled, competent people looking to work in the offshore marine services industry”.

As we have been shortlisted as a finalist in the Great Business Idea category of the 2014 Spirit of Enterprise Awards a Newspaper Supplement featuring our company profile will be in the Great Yarmouth Mercury tomorrow, so don’t forget to pick up your copy!

NORWICH, Tuesday 4th November – YEAR ROUND SUNSHINE FROM YOUR LOCAL AIRPORT Leading package holiday specialist Thomson Holidays is once again offering year round holidays to Tenerife from your local airport. With a sub-tropical climate ensuring temperatures averaging 70 degrees Fahrenheit during the winter months. The first flight of the season departed on Sunday 2nd November and will operate weekly, including the festive period. Get away from the stresses that the festive season usually brings and escape on a flight from Norwich International on Sunday 21st December with Thomson holidays. . Christmas in Tenerife is always a very special time of year and a great alternative to celebrating at home. A great Christmas celebration can be achieved with many hotels and restaurants offering a traditional Christmas dinner and… you are guaranteed to see snow too, on the peak and slopes of Mt Teide. Andrew bell, CEO of Norwich International said:”Tenerife is one of the most popular destinations and offers everything the British holidaymaker looks for. We are very pleased Thomson is offering Tenerife as a year round destination from Norwich, giving passengers even more choice from their local airport.” For further details on holidays through the winter season including Christmas and New Year holidays in Tenerife from Norwich International contact your local travel agent or call Travel Norwich Airport on 01603 428700 or visit them at the airport or Norwich Castle Mall.

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Survival Systems International (UK) has just completed a major contract for the full refurbishment of six lifeboat capsules at its Great Yarmouth base.

The six-month project for an Aberdeen customer has meant long days and extra hours for the busy workshop. And it will quickly be followed by a similar contract to refurbish another six capsules for a European client.

“They are big orders for us and have our workshop at near capacity,” said George Teece, SSI’s vice-president Eastern Hemisphere operations.

“The great thing is that the quality of the refurbishment work means that these lifeboats – mainly around 15 years old and being used on North Sea installations – will have many more years of good and completely reliable service in them.

“Each is designed to save the lives of at least 50 people in an offshore emergency so each of these orders is helping protect around 300 people.”

“We are fortunate to have a dedicated workshop team in Dave Goodwin, Allan Fuller, Martin Smith, Dave Wallace and Nicholas Scott who have worked tirelessly on this project since April working many hours overtime to complete on time.”

With the extra business for SSI, the company is looking to recruit additional staff, with some offshore opportunities. Anyone interested should email [email protected]

Pure & Simple, making good dog food less complicated.

With grain free diets in demand and pet food manufacturers, in a hurry to get to market, confusing consumers with technical jargon and complicated messaging.

Lovejoys® recognised an opportunity in the market, launching a grain free wet food. We advised a straightforward and consumer-friendly approach, naming the new sub-brand Pure & Simple to convey honesty and trust.

Market research proved that many owners prefer to feed their dogs on the type of food they eat themselves. It’s called the humanisation of dogs and it’s a growing trend. With this in mind we took a radical step with the packaging design to make it look more like a ready meal for humans and something you might expect to see on the supermarket ready meal shelf!

The wet food trays were launched to great acclaim and with impressive orders to match. And if that wasn’t enough proof the values of the Pure & Simple brand stacked up with the consumer, to the client’s surprise there were also immediate demands for a dry food equivalent.

The dry food range was efficiently put into production and launched to market at the Interzoo show in Nuremberg. The response was overwhelmingly positive and the complete Pure & Simple range has been on sale, with sales steadily increasing, since September 2014.

A judgment of the Employment Appeal Tribunal today states that overtime should be included in the calculation of holiday pay.

This morning, the President of the Employment Appeal Tribunal, Mr Justice Langstaff, handed down his judgement in the cases of Hertel v Wood, BEAR Scotland v Fulton & Baxter and Amec v Law, ruling that workers are entitled to receive a sum on account of normal overtime as part of their holiday pay.

Background

Holiday pay is calculated by reference to a ‘week’s pay’, which under UK law, has been considered to include basic pay only. There has been a raft of recent case law on the question of whether holiday pay should include more than merely basic pay, including the case of Lock v British Gas, in which the European Court of Justice held that holiday pay should include commission. That case has been remitted to the Employment Tribunal and we expect their judgement to be give effect to the European ruling around March next year.

The three cases were heard together and there was much anticipation among those in employment law about the outcome, which had the potential to open the floodgates to a wave of claims for back-dated underpayments of holiday pay. The Department for Business Innovation and Skills had intervened in the case to make clear its own view that holiday pay should not include overtime.

The judgment

The Claimants argued that their normal pay for the purposes of calculating holiday pay was not merely their basic pay but should include the sums normally received as non-guaranteed overtime. Mr Justice Langstaff held that:

• Non-guaranteed overtime should have been taken into account when calculating the holiday pay due to the workers; • Where travel time payments exceeded the expenses incurred during travel, they were part of the worker’s remuneration, so should also be included in calculations of holiday pay; • The relevant UK legislation, the Working Time Regulations (WTR) must be read in such a way as to give effect to the European Working Time Directive (WTD); • Since the WTD requires only four weeks’ holiday in a year, the additional 1.6 weeks available in the UK under the WTR need not include overtime or travel time payments; and • The workers could not claim underpayment of wages where there was more than three months between the underpayments. This has the effect of substantially limiting claims for back pay.

Impact

The Secretary for Business, Innovation and Skills, Vince Cable, has already announced that a task force has been set up to assess the potential impact of the judgement. There remain some unanswered questions, not least because Mr Justice Langstaff granted leave for the judgement to be appealed to the Court of Appeal. It almost certainly will be appealed and it is possible that the Court of Appeal judgement itself could be appealed, so it could be some time before the courts provide a definitive answer to this question.

• If you are concerned about how this will affect your business, get in touch with our specialist employment team. We can review your contracts and policies and advise on the likely impact of the changes as well as how to limit your risk. • Businesses may wish to consider including overtime payments in their holiday pay immediately or even look at ways of limiting overtime payments. • However, it may be sensible to await the outcome of the appeal before making any positive changes. • If you receive a claim, please contact us immediately. The ordinary rules of limitation will apply but the amount of any liability will depend very much on the facts of the case.

For more information on any of the topics in this article, please contact a member of the team on 01603 281139.

Note: The content of this article is for general information only and does not constitute legal advice. Specific legal advice should be taken in any specific circumstance.

Leathes Prior is noted as commercial, practical and prompt in the Chambers UK 2015 guide. The Chambers and Partners UK 2015 independent guide to law firms and individual lawyers has been released.

The firm welcomes improved rankings for the Real Estate Team. The team is described as proficient in investment matters for national and international investors. The guide draws on “significant experience in acting for independent developers, landowners and retailers across the country”. One source describes work done by the team: “Excellent, very smooth transaction, done without any fuss and without making it excessively complicated.”

Robert Sibley is highlighted as able to advise clients on all aspects of commercial property transactions and is “not afraid to tell you that there’s a problem but will always advise what’s in your best interest and how to achieve that.”

The guide describes the Real Estate Litigation Team as covering a broad range of commercial, residential and agriculture property disputes with a niche specialisation in timeshare disputes. One client says: “Fees are competitive and the lawyers turn around work quickly.” Darren Bowen, ranked as band one, is noted to have a broad practice covering contentious probates, agricultural disputes and real estate litigation. One client enthuses: “He is an expert in litigation. He is very good at bringing in the right experts and specialists for different jobs, he displays great customer care and is very tenacious.”

The Litigation Team is described as being known for being a well-respected, commercial litigation practice with a broad coverage. The team is noted to have extensive experience of agriculture, franchising, intellectual property and professional negligence cases with clients ranging from individuals to international corporates. A source is quoted to have said: “Everyone you deal with there is straightforward.” Head of department, Mike Barlow, is said to have a raft of litigation experience including franchising and construction disputes. Clients are said to particularly like his “sound commercial business sense.”

David Richards is highlighted as focusing on critical or catastrophic injuries claims. Clients are said to praise his excellent communication skills.

The Franchising Team is described as a leading franchising practice with complementary property, employment and corporate expertise. The guide outlines that the team advises on all aspects of the field including trade mark registration, franchise agreements and the purchase of property. Sources are noted to say: “They are all very approachable and they are always there. They have a very good name within the British Franchise Association and are known as the franchising agreements experts.” and “Their strength is the speed of communication – they are very quick to deal with queries.” Ed Savory is outlined as a dynamic franchising and licensing practitioner with significant expertise in the global expansion of UK and foreign-based businesses. One commentator remarks: “He impresses me with his knowledge, advice, responsiveness and commitment to making sure all issues are resolved on time.”

Jonathan Chadd is highlighted as an astute commercial intellectual property and franchising practitioner with over 25 years of experience. One interviewee is noted as saying: “I felt in very safe hands with him because he really knows his stuff”.

Mike Barlow is again highlighted in the guide, outlined as having a solid commercial background and dealing well with complex disputes between franchising parties. He is said to be renowned for his work with long-established franchise networks. One interviewee says he “grasps what we tell him, and is always available.”

The Employment Team is noted as active on the employer side and also able to offer experience in representing employee claims. The guide commends the team as a highly reputable player in the local market and also noted for work on behalf of clients at a national level across a full range of employment law matters. One client is outlined as stating: “The team covers the whole spectrum of employment law matters and there have been no problems with the service – we have been very happy.” Highlighted work the team has undertaken includes providing comprehensive employment law advice to a full franchise network which includes providing training and representing the client in any litigation that arises. The head of the team, Dan Chapman is ranked as band one and is acknowledged in the guide for his skills as an advocate before employment tribunals. One source is noted to have said: “He is excellent and very efficient; he can think on the spot and give you both an answer and direction”.

The Insolvency Team is recognised for its technical strength and full-service offering to insolvency practitioners. It is further commended for its complementary expertise in areas such as employment and property law with sources saying “The team provides practical ideas as well as technical solutions” and “Working with this team, you get good, original advice.” The Head of the Insolvency Team, Adam McCaw is recognised by market sources for his “technical expertise” as well as his “detailed, all-round knowledge” of insolvency law; he “will give good, practical legal advice.”

“Associate to watch” Ina Beurich is recognised as a practitioner who is “always willing to go the extra mile” for her clients and the guide outlines that her thorough approach is greatly valued by her clients, for whom she acts in both personal and corporate insolvency disputes.

The Corporate Team has been recognised for its experience in a range of areas including M&A, MBOs and group reorganisations with one source stating: “They are commercial, practical, and they deal with things promptly.” The guide goes on to highlight further positive feedback for this team with another source stating: “I really do feel like the team at Leathes Prior would be able to help in any situation. They understand the time pressures of companies and provide no-nonsense commercial advice.”

The research outlines Peter Sheppard’s practice as encompassing M&A, MBOs and company restructurings. Market observers attest that he is “able to cut through legal jargon and strike a deal.”

The guide draws on research from Paul Warman’s clients including ones in the non-profit sector. One source is noted to have said: “He is creative in dealing with problems and his legal opinion is always strong.”

“Highly rated” Richard Guthrie also receives impressive praise from the market, with one interviewee stating: “He got to the key points of the matter quickly and was very clear about the key areas to focus on.”

The Private Client Team is noted to be known for providing advice on such matters as wills, probate, estate and trust planning and elderly client services, with Hazel Gill highlighted as a key contact.

The Head of the Family Law Team Alisdair Douglas is described in the guide as “well versed in all areas of divorce, cohabitation disputes, financial relief and children work”. He is said to be singled out by sources for his ability to handle matters in an “intelligent and in a constructive way” without “posturing or messing around.”

This year’s Chambers UK guide results, coupled with those from the Legal 500 2014 (see www.leathesprior.co.uk/resources/news/262/), gives credence to the continuing success of Leathes Prior. We would like to pay special thanks to our clients for taking part in the research over the past year; we will continue to strive to ensure that our client’s interests are at the forefront of everything we do.

We celebrated 40 years in business at The Imperial Hotel, Great Yarmouth on Thursday 30th October. With many contacts from the region and far away joining us to toast to our anniversary, there was much to celebrate.

After a presentation at 6pm which involved a few laughs and the story behind the Practice, we unveiled our new branding going forward. Designed by Adam Kimberley at Archant we believe it represents where the Practice is today and what we want to achieve going forward. Thank you to everyone who came along to the evening and we look forward to working with you all over the coming years.

Market-leading energy services company Proserv has reinforced its ambitious growth plans after announcing it has signed a definitive agreement to be acquired by major US private equity investor Riverstone Holdings LLC.

Proserv will continue to operate as an independent company under the deal announced today to which Riverstone Global Energy and Power Fund V, L.P., in partnership with Proserv management, has agreed to acquire 100% of the shares of Proserv from Intervale Capital (“Intervale”), Weatherford International (“Weatherford”) and certain minority shareholders.

David Lamont, chief executive officer (CEO) at Proserv, said: “This is the start of an exciting new chapter in Proserv’s successful journey. The leadership team on behalf of the global Proserv workforce, firmly believes Riverstone is the ideal partner, not only because of their sector focus and expertise, but as importantly because of their shared values and vision for the business.

“Riverstone has an impressive track record of backing oil & gas focused companies with their high-profile portfolio including independent operators and energy service companies. The Riverstone management team clearly understands the value proposition that Proserv is delivering to our customers as well as the key market trends that underpin our ambitions.”

John Lancaster, a partner at Riverstone Holdings, said the investment is consistent with the energy and power investment specialist’s strategy of partnering with leading manufacturing and service companies that participate in technically demanding and service-intensive oil and gas operations globally:

“Proserv is a strong and emerging player in global offshore subsea services and equipment sector, where we believe capital spending and activity levels will grow over the long-term as companies like Proserv provide increasingly innovative, cost-effective solutions to offshore oil and gas producers. We look forward to working with David and his team to further build on the company’s success to date.”

Proserv was formed by Intervale Capital, a private equity firm focused on the oilfield services industry, through the integration of several specialty services businesses between 2008 and 2014.

Proserv is a global energy industry specialist with a 40-year track record in delivering bespoke solutions and services particularly in the drilling, production, subsea and marine markets. The company’s global talent pool has grown to more than 2,200 employees worldwide as a result of exceptional organic growth and a series of acquisitions. Its turnover has increased by 168% from $159m to $426m over the past three years.

Mr Lamont, who will continue as Proserv’s CEO, said: “Intervale has been a strong and supportive partner over the past seven years, working closely with the leadership team to develop and grow Proserv to be the company it is today. We are sincerely thankful for the role both Intervale and Weatherford have played in bringing the company to this significant point in our journey.”

Goldman Sachs and Simmons & Co advised both Proserv’s leadership team and Intervale throughout the transaction process. The agreement, which is subject to certain regulatory approvals, is expected to close by the end of this year. Financial terms were not disclosed.

Managing director of Simmons & Co, Nick Dalgarno, said: “We have enjoyed working with Proserv over the last five years and watched them transform over that period and emerge as a leader of the next generation of service companies. This has been driven by an exceptional management team which has delivered strong organic growth whilst integrating strategic acquisitions to position the business for the next phase of growth. Riverstone is the perfect partner to help them deliver this ambition.”