Dress Code at Work (Do Employers Have a Say? )
Having a dress code at work does not apply to every workplace however in some industries you have to dress a certain way. Whether it is due to health and safety regulations or to maintain a corporate image, as an employer you have the right to enforce a dress code at work as long as […]
Gross Misconduct in the Workplace (A Guide!)
When an employee commits an act that is so bad it warrants immediate dismissal, this is often referred to as ‘gross misconduct’ in the workplace. In some cases, an employer may be in their right to dismiss the employee without any notice and without having to offer them any extra pay. A lot of different […]
Trademark Registration Process (A Guide!)
Trademark registration offers legal protection for you and your business against your brand, company name, product and/services. So it’s important to register your trademark properly to avoid any negative impact on your business and its reputation. If another business copies your brand such as your products’ packaging or visual identity for instance, then it will […]
What is a Gagging Order?
A gagging order is an injunction issued by the court to restrict or prohibit the public disclosure of private or confidential information on a particular matter. It is a legal means of protecting the privacy of an individual and as such is legally referred to as a ‘privacy injunction’. Gagging orders are commonly sought by […]
What is Constructive Dismissal (A Short Guide!)
Constructive dismissal is a common type of claim brought before employment tribunals. Constructive dismissal occurs where an employee resigns as a result of their employer having breached their employment contract, which causes the employee to reasonably believe that continuation of employment is impossible. What is constructive dismissal? Grounds for a constructive dismissal claim Not every breach […]
Tier 2: Guide for Employees
For most skilled economic migrants, the Tier 2 Visa is the primary route into the UK. The Tier 2 Visa gives an employee from outside the EEA and Switzerland the right to reside and work in the UK for up to 5 years. Employees working on a Tier 2 Visa also have a number of […]
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 […]