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February 26, 2018

February's Newsletter

Corporate news

Greenaway Scott advises on MBO of leading UK Asbestos Management Company 

From left: Will Deverill (Technical Director), Gareth Vaughan (Director of Construction & Design), Alexis Vranch (Finance Director), Craig Jones (Managing Director), Eddie Deverill (Business Development Director) and Liam McLoughlin (Operations Director)

Led by Corporate Associate Director, Leanne Thomas, Greenaway Scott recently advised leading Cardiff based asbestos management company Santia Asbestos Management Limited on their management buyout. The company which provides asbestos and construction design management services to its customers across a broad range of sectors has over 60 years of experience in the UK Asbestos Inspection & Testing market. 

The MBO will allow the company to begin to fulfil their ambitious growth plans. The sellers, Inflexion Private Equity Partners and Alcumus Group have supported the management team in providing them with an opportunity to take full control of the business with structured financial backing from HSBC and Ultimate Finance.

Managing Director of Santia, Craig Jones commented: Our continued investment and commitment to the development and training of our people will support our relentless focus and passion to provide an outstanding level of service to our customers. We are confident given the initiatives planned this year that we will deliver on our vision and are excited with the prospect of further growth.  The additional long-term capital investment will support the development of our IT systems during 2018, providing Santia with the platform to lead the market in asbestos and construction design management.”

Leanne Thomas, Associate Director of Greenaway Scott commented: “Santia is a well-established company in South Wales with a strong customer base and a great deal of potential for future growth. We were delighted to have the opportunity to work with the management team throughout the process of the MBO and look forward to seeing the team develop the company’s full potential in the future.”

Commercial news

Privacy Policies: Time to review and update


Under the GDPR, the information that you provide individuals with about how their personal data is processed must be provided in a “concise, transparent, intelligible and easily accessible form, using clear and plain language”. This means it should be easy to read and understand, with particular thought given to the target audience especially where this may include children. The privacy policy should also be prominently displayed. 
The amount of information that must be provided in the privacy policy is increasing under the GDPR. The policy should include the following information:

  • Who you are. Full legal name and contact information should be provided. This is going to be particularly important under the GDPR as individuals have increased rights and they must be clear about who the data controller is and who to contact should they have a query regarding their personal data;
  • What personal data is collected (Personal data means any information relating to an identified or identifiable natural person. Identifiable means a person can be identified, directly or indirectly.);
  • How personal data is collected, for example is it a simple collection of data or is data collected through the use of cookies;
  • Why personal data is collected and the legal basis for processing; 
  • When it may be shared (for example with third parties);
  • How long personal data will be kept (it is not always possible to provide a specific timeframe however it must now be clearer than simply saying as long as is necessary);
  • What rights individuals have, for example to access their personal data, to be forgotten or to transfer their data (data portability).

Therefore now is the time to review, and if necessary update, privacy policies to ensure they comply with the increased requirements under the GDPR. Particularly to ensure that they are in a prominent and visible place on any website, that they are written in clear, concise language, are appropriate for any particular audience reading them and that they provide the required information under the GDPR surrounding collection, use and if applicable any sharing of personal data. As the 25th May 2018 approaches it is important that businesses are considering and implementing any changes now.

If you would like advice on your requirements under the GDPR please contact the Commercial team by emailing or visit our website at

Employment news

Gender Pay Gap reporting

More than 10,000 Asda workers began a claim in 2014 against their employer because men were being paid more than their female colleagues for similar work. This could result in back payments going back to 2002 with an estimated cost of up to £100 million. It has recently been reported that Tesco could face up to £4 billion in equal pay claims as a result of similar circumstances. 

These cases have marked a shift in claims from the public sector towards private employers. It is unclear how these claims will turn out, in reality these cases are yet to be decided. It could be the case that private sector equal pay claims may give rise to new era of mass employment litigation. Gender pay gap reporting is further emphasising this discrepancy in remuneration and awareness of the right to equal pay has increased drastically. Gender pay gap reporting is a measure that will allow private employers to take action and address issues before the situation escalates leading to potential mass litigation. 

It has been unlawful since 1970 for women to be paid less than men for the same work. From 4 April 2018, all employers with 250 or more workers will have to publish their gender pay gap reporting data on the Government's official website. Gender pay is a term that describes any difference in the average pay of all women and men. An employer must publish six calculations showing their:

  1. average gender pay gap as a mean average;

  2. average gender pay gap as a median average;

  3. average bonus gender pay gap as a mean average;

  4. average bonus gender pay gap as a median average;

  5. proportion of males receiving a bonus payment and proportion of females receiving a bonus payment; and

  6. proportion of males and females when divided into four groups ordered from lowest to highest pay.

The outcome of these calculations and discrepancies does not necessarily mean women are being paid less for the same work as men. Potential reasons for a gender pay gap may include occupational segregation in specific industries, as well as the time off women, take to have and raise children. These factors could have a knock-on effect and may produce an artificially significant gender pay gap. The average income over the relevant timeframe would be lower for women as a result of the period of leave where in reality men and women are being paid the same.

A few weeks ago the BBC reported numerous high profile organisations that published data revealing considerable gender pay gaps. There are no further obligations other than to provide the required data. If the data looks unfavourable in comparison to the national and industry average, it could be beneficial to include an optional narrative providing context and setting out the steps to narrow this gap. This narrative could also be used to explain the reason for the gap. The figures published on the Government’s website will act as the benchmark for future years. Being open about the issue, the reason it has arisen and sharing plans to overcome discrepancies will provide a positive message even if the data is unfavourable.

The employment team at Greenaway Scott are more than happy to assist with any clarification or further information regarding recruitment. Please contact us


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