Legal

1. Employment Issues

When it comes to employment legislation the law rarely stands still. As UK legislation is updated in line with European Directives, every few months sees revisions to rights and responsibilities of employers and employees coming into force. Keeping abreast of these changes is essential to the ongoing health of your business and could save substantial amounts of time and money in the long term.

Recent new laws include:

  • Stakeholder Pensions
  • Working Time Direction
  • National Minimum Wage
  • Increased Parent Rights (including Paternity rights)
  • Increased rights for part time employees

Failure to implement the new laws can costs any business dear - the number of employment tribunal hearings increased from 44000 in 1990 to 118000 in 2000. The maximum amount that can be awarded by employment tribunals is now £51,700 (or more if there is race or sex discrimination).

2. Terms and Conditions of Business

Most Businesses will benefit from putting the legal basis of their relationship with their customer/clients in writing. This can often be done with a simple order form with terms and conditions on the reverse side. Many contractual disputes could be avoided simply by having proper evidence of the existence of the contract and there can be other benefits in limiting your exposure if things go wrong.

Key terms include:

  • Credit Terms
  • Retention of Title/ownership of Copyright etc/right to withdraw from services provided if non-payment
  • Specification/tolerance
  • Delivery date/time for performance
  • "Risks" - damage to goods etc loss or damage in transit etc
  • Additional expenses/"add ons"/fluctuations in price
  • Cancellation charges
  • Limitation of liability and exclusion clauses
  • Facilities to be provided by customer/client

3. Leases

Signing up a lease can be a worrying experience if you do it without backup advice. Areas to be careful of include:

  • Rent negotiations
  • Length of lease
  • Service Charges
  • Repairing obligations (both Tenant's and Landlord's)
  • Landlord's consent to alterations
  • Right to sell-on the lease
  • Planning permissions
  • Does the Landlord have consent from its bank to sublet?

We can help to put your mind at rest on these issues

4. Business Status/Constitution

An important decision to take at the outset of your business planning is what form of legal entity your business is to be.

This could include:

  • Sole Trader
  • Ordinary partnership
  • Limited partnership
  • Limited Company - Company Limited by Shares
  • Limited Company - Company Limited by Guarantee
  • Co-Operative

We can help in advising which is the most appropriate business structure for you.

Contact us to arrange a free, no obligation appointment with one of our specialist business advisers.