Commercial Dispute Resolution Options for Businesses
Commercial disputes are one of the main risks facing any business. They have the potential to be time consuming, stressful and extremely costly. Commercial dispute resolution is an area of law that attempts to help parties resolve commercial disputes that have arisen. If a dispute arises between yourself and a third party such as a […]
How to Carry Out a Workplace Risk Assessment
An effective risk assessment can help ensure you meet your duties as an employer under health and safety laws. An employer may delegate the task of risk assessment to a competent individual or third party, but they ultimately have a legal responsibility for both the risk assessment and the health and safety relating to their […]
Misrepresentations in Contract Law
A misrepresentation is a statement made during contract negotiations that is put forward as a fact or as law but is untrue, that induces a party to enter into a contract resulting in loss to the relying party. The law in this area is extremely complex. It is governed by a combination of legislation (the […]
Advice on Contract Disputes
Contract disputes are an unpleasant but relatively common feature in the business world. They are potentially very disruptive, often siphoning time, energy and money that would be better spent elsewhere. However, with the right legal advice, contract disputes can be solved efficiently, preventing significant damage to your reputation and keeping important commercial relationships on track. […]
What is a Liquidated Damages Clause
A liquidated damages clause is a provision which represents an agreement between parties as to the payment that should be made if a particular contractual term is breached. Where a liquidated damages clause is included in a contract, it is specific to an obligation which is known as the primary obligation, with the payment clause […]
Guide to Intellectual Property Protection
Intellectual property relates to the ownership of different types of literary, artistic and industrial creations. From inventions to innovative designs, intellectual property can prove to be extremely valuable, not only financially but also for individual and commercial recognition. As with any other commercial asset, intellectual property can be bought, sold, licensed, mortgaged or otherwise assigned. […]
What is a Trademark?
The trademark has become the hallmark of modern consumer society. It is a commercially recognised way of indicating origin, quality and reputation. As such, a distinctive trademark can be an effective way of promoting your goods or services, as well as preventing competitors from imitating your brand identity. Under the Trade Marks Act 1994 a […]
Civil Penalty (How to Challenge a Home Office Fine!)
As a UK employer you are under a duty to prevent illegal working by carrying out right to work document checks confirming all of your employees are lawfully allowed to work in the UK and undertake the work on offer. Failure to carry out these checks correctly or failing to carry them out at all […]
Tier 4 to Tier 2 (Switching Employee Visas)
If you are an employer looking to hire an international student graduate who has studied in the UK under Tier 4 of the points based system, the following guidance sets out the process of switching from a Tier 4 to Tier 2 visa. Further reference should also be made to the detailed Home Office guidance […]
Redundancy Process for Less Than 20 Employees
The redundancy process for less than 20 employees is different than if you’re making 20 or more employees redundant within any 90-day period because for 20 or more employees you must follow ‘collective consultation’ rules. Redundancy occurs when an employee’s job no longer exists. There are many reasons behind it, including an immediate need to […]
Auto Enrolment Pensions (An Employers Guide!)
Since the introduction of the Pensions Act 2008, all UK employers are required to enrol certain employees in an auto enrolment pensions scheme and contribute towards it. This is known as Auto Enrolment. If your business employs 1 or more workers aged between 22 and the state pension age and earning over £833 per month […]
Staff Handbook (What it Needs to Include!)
A staff handbook, otherwise known as an employee handbook, employee manual or company handbook, is designed to provide employees with information relating to their working conditions over and above that contained within the contract of employment. Although the employment contract will set out the core terms and conditions governing the working relationship between you and […]
Dismissing an Employee with Less Than Two Years Service
It is trite law that an employee has the right not to be unfairly dismissed, albeit subject to the qualifying service rule as set out under the Employment Rights Act 1996. As the law currently stands, an employee will require a period of continuous service in your employment for ‘not less than two years ending […]
Grievance Procedure (Employer Responsibilities!)
Despite best attempts to nurture a happy and well-treated workforce, there can be instances where an employee encounters an issue which needs to be addressed. To make sure employees have the best chance of receiving a satisfactory outcome, improve company moral, and avoid potential tribunals, employers must establish a strong and clear grievance procedure. A […]
Contract of Employment (A Guide for Employers!)
As an employer it is your responsibility to keep abreast of any changes in the law and to ensure that when taking on new staff, or renewing contracts for existing staff, that your practices comply with current legislation. As such, it is incumbent upon you to ensure that you provide a legally compliant contract of employment, […]
Early Conciliation in Employee Disputes
When faced with an employee dispute early conciliation can be one of the most expeditious and cost-effective methods of resolution for all parties involved. In this way both you and your employee, or ex-employee, may avoid the time, expense and stress associated with employment tribunal proceedings. What is early conciliation? Early conciliation is a system […]
What is the Minimum Wage? (A Guide for Employers!)
As an employer it is your responsibility to keep abreast of any changes in the law, not least the requirement to pay eligible workers the national minimum wage – and to do so in accordance with the correct rate. No matter how small your enterprise, you are statutorily obliged to pay almost all workers the […]
Sick Pay Entitlement
Most employees who are absent from work due to illness are entitled to some kind of sick pay entitlement. Broadly speaking, an employees’ sick pay could take one of two forms, Statutory Sick Pay (SSP) or occupational sick pay. SSP is the legal minimum sick pay requirement, while occupational sick pay is a contractual term […]
Making Changes to an Employment Contract
There may be instances where employers need to think about making changes to an employment contract. An employment contract is a legally binding agreement made between you, the employer, and your employee. Employment contracts should be carefully worded with the guidance of a legal expert to provide certainty and clarity for both parties as to […]
Settlement Agreement (What are they?)
A settlement agreement, is a legally binding contract which is typically agreed between an employee and their employer. While they can be entered into at any stage of an employment relationship, settlement agreements are generally used before termination of employment following a workplace dispute or grievance. Settlement agreements were previously known as ‘compromise agreements’. Importantly, […]