MERCERS SOLICITORS

CURRENT NEWS

Planning is key to coping with new employment legislation - 20/6/08
The Federation of Small Businesses (FSB) described as a disaster an announcement that, under the forthcoming EU Agency Workers Directive, temporary (or ‘agency’) workers are to be extended similar employment rights to fulltime workers after 12 weeks.
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The misconception of the flexible working rule - 20/6/08
It has been widely reported that the right to flexible working is to be extended to include a further 4.5 million parents of children aged up to 16, amid concerns that it could damage small businesses.
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The ‘immense’ risks of breaking anti-discrimination law - 19/5/08
Businesses may be risking unlimited financial penalties by breaking anti-discrimination laws.
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The dangers of office ‘banter’ - 19/5/08
The legal dangers of making what might be regarded as ‘sexist’ remarks in the workplace are greater than ever before, following changes to the law that came into force on 6 April 2008.
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Streamlining the commercial property process - 19/5/08
From now on, anyone building, selling or letting a commercial building may need to have an Energy Performance Certificate (EPC) and recommendation report.
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Avoiding the cost and stress of court action
Most individuals and businesses who are involved in a dispute wish to avoid the time, expense and stress involved in going to court by settling their differences before proceedings take place. For this reason, there are formal legal processes (called ‘pre-action protocols’) that help them do that.
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Entrepreneur relief does little for buy-to-let investors
After the barrage of complaints from the UK’s small business community following Chancellor Alistair Darling’s announcement late last year of an 18% flat rate of Capital Gains Tax 9 (CGT), a major change to the regime was announced in January. This sees the introduction of a 10% ‘entrepreneur relief’ on any capital gain up to £1 million.
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Data protection changes may cause more boardroom stress
Even tougher data protection laws may be on the way if a group of MPs has its way. Following a recent series of high-profile data fiascos, including the infamous loss of 25 million personal records by HM Revenue and Customs, it is expected that the changes will also receive widespread public support.
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Why you need to know about the Ombudsman!
The services offered by Ombudsmen exist to provide people who have complaints against business or government departments with a free, impartial and independent alternative to Court proceedings.
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Can you sue the taxman for losing your data?
Anyone who believes they have lost money directly because of the recent ‘loss’ by HM Revenue and Customs (HMRC) of the personal details of up to 25 million Child Benefit claimants may have a case to take legal action against the taxman.
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Protect yourself and your business from the workplace bullies
Recent figures from the Chartered Management Institute show that 39% of people in employment have suffered some form of bullying at work during the last three years.
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Coping with late payment, the top concern for small business
According to research from the Federation of Small Business (FSB), the time spent chasing late payment, and the effects of dealing with bad debt, are costing UK small and medium sized businesses an estimated 286 million man hours and nearly £3.6bn per year.
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Major changes in the rules for solicitors give more protection to the public
This summer saw major changes to the rule book that governs how solicitors carry out their business, designed to give even more protection to the public and increase further the quality of legal services.
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Act now on mental capacity rules
Families who may need to care for elderly relatives should act now before a crucial law change comes into force.
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Divorcees liable if ex goes bankrupt
Divorcees could face having to pay up if their former spouse goes bankrupt following a landmark recent ruling.
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Is your business prepared if things do not go to plan?
What would you do if your business partner suddenly announced he wanted to leave and sell his share of the business?
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What’s in a name?
If you are setting up a new business, it is important to give some thought to your trading name.
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Bank Charges: “Re-Paying the Penalty”
It has been a long standing and common practice amongst banks and building societies in the UK to impose penalty charges when their customers ‘go into the red’.
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CALLING ALL DIRECTORS!
Are you ready for the changes to directors’ duties?
In October 2007, the majority of new rules governing directors’ general duties will come in to force with the implementation of the new Company Law Act which aims to simplify company law, particularly for small businesses.
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Tackling Late Payers
Sooner or later most businesses will encounter customers who, whether or not with justification, are either unwilling to pay for services or who simply delay in making due payments.
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Changes to Maternity Rights May Mean Employers Need to Review Policies
Employers need to be aware of changes to the rules which have boosted the rights of mothers and fathers.
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Time to put a stop to family feuding
Inheritance rows are a major cause of family friction.
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What's in a name?
Intellectual property rights can be a business' most valuable asset.
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Family friendly rule change
Local firms urged to act on new employment laws.
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Take care with sensitive information
Businesses need to take more care over their information.
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Updating of Guidance by the ICO
Direct marketing messages sent electronically must comply with the Privacy & Electronic Communications Regulations 2003.
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Terms of Business
Many local businesses have no written terms of business yet these can protect you in many important ways.
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Data Protection – Latest Guidance
Most businesses in the UK process personal data even if just about their employees. Many need to be registered under the Data Protection Act (DPA) 1998 as breach of the Act is a criminal offence.
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Harassment at Work
It is not often that the House of Lords has to look at issues of harassment but the following case should be of interest.
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Did you know that the law on Enduring Powers of Attorney is changing and that they are to be replaced by new Lasting Powers of Attorney?
Enduring Powers of Attorney (EPAs) are invaluable documents enabling an elderly or sick person to delegate financial decision-making to a trusted relative or friend. Under the Mental Capacity Act 2005 EPAs are replaced as from April 2007 with new Lasting Powers of Attorney (LPAs).
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Identity Theft of Companies
Personal identity theft has been in the news for some time but are you aware of the possibility of criminals stealing your company’s identity? A “Form 287” fraud is a way criminals can steal identities of companies, so that the company can be used for fraudulent purposes.
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Identity Fraud -The Federation of Small Businesses (FSB) issues a further warning on identity fraud
Be careful to hide your personal information as identity fraud is on the increase. It is hardly surprising that sales of paper shredder machines have been increasing as both on line and off line fraud increases.
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ARCHIVED NEWS

Changes to Fixed-term employee contracts
From 10th July 2006 any employee who has been employed on a fixed term contract might become a permanent employee. As a local business you may not be aware of these changes.
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Employees’ Rights – Transferring a Business
If you have ever been involved with sales of a business you might know that employees’ rights are protected under regulations known as TUPE. The Government has just published new regulations in this area which came into force on 6th April 2006.
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Employment Equality (Age) Regulations 2006 - Age Discrimination Changes
Were you ready for 1st October 2006? Have you checked your job ads to ensure they do not refer to ages of staff or use phrases like “youthful” in setting out the person needed to fill a vacancy? Have you recently looked at your retirement ages and hiring policies.
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New disability discrimination rights
Over 250,000 people with major health conditions but which do not yet show they have the illness have now gained new legal rights not to be unfairly treated by their employers.
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Simplify your VAT return
According to the taxman, many small businesses are unaware that they can simplify their VAT arrangements. HM Revenue and Customs has launched a campaign to promote VAT simplification schemes.
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Fines for breach of data laws
Have you notified the Information Commissioner that your business holds personal data under the Data Protection Act 1998? Companies breaching data protection laws have been fined.
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Is your software lawful?
Too many local businesses cannot produce evidence that they have paid for licences for all software and other works used in their business, which are protected by intellectual property rights. The Business Software Alliance offers rewards to those who report such infringements.
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Selling on Ebay
The online auction web site Ebay is the biggest marketplace in the world. Many commercial companies are turning to ebay to sell all manner of goods from second hand cars which they otherwise would have sold at traditional auctions to industrial spares. Many businesses also have problems with employees selling employer owned property such as police uniforms and weapons.
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New laws could mean less red tape
Company law is to be reformed – and simplified – under plans which could save UK business up to £250 million a year.
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IT security: The home front
Home working could be a major threat to IT security according to the Department of Trade and Industry.
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Employment limbo – Bunce v Potsworth Ltd, Court of Appeal, 2005
A recent case in the Court of Appeal could have wideranging implications for agency staff, the companies
that employ them and the recruitment agencies that place the workers.
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Ecommerce Law
Many local businesses have websites but not all know the legal rules which apply to them.
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Clean Neighbourhoods and Environment Act 2005
Worried by anti-social behaviour, vandalism and crime and disorder in your local area? The Clean Neighbourhoods and Environment Act 2005 may help.
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CSA “in meltdown”
The Child Support Agency (CSA) is set for a major reform, while a new mediation service is to be piloted to help resolve potential CSA cases.
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Price Fixing
Do you ever talk to competitors about prices? It can be very dangerous to do so. Even discussions about price which do not lead to an agreement about what you will each charge your customers can be an offence under the Competition Act 1998. Under the Enterprise Act 2002 price fixing can lead to jail sentences. In addition anyone who loses out financially can sue for damages for breach of the competition rules.
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Civil Partnerships
From 5th December homosexual couples and other same sex couples and friends who are not related can now enter into a civil partnership. The registration process brings many benefits. In particular there are significant tax advantages.
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LICENSING LAWS
As many of you will have read in recent Press articles the new licensing regime came into effect on 21st November 2005. Even if existing licence holders did not wish to extend their opening hours or vary their Justices Licence in any way they still needed to apply under the transitional provisions of the Licensing Act 2003 to convert into the new system by no later than 6th August 2005.
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Unfair business practices Consultation
The government has issued a consultation on implementation of the EU Unfair Commercial Practices Directive. Many advertising and other commercial practices will need to be examined in the light of the forthcoming new law.
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Employers Beware!
Being an employer can be difficult. There are few sectors with more laws and regulations. Many local firms will have been hit this month by the increase in the minimum wage. From 1st October 2005 the National Minimum Wage will increase as follows:
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Tax Bombshell for family Businesses
Thousands of family run firms could face higher tax bills following a landmark test case involving the transfer of company dividends from husband to wife.
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EU U-turn
In what some may see as a surprising U-turn, the EU has promised to cut back on red tape that harms the competitiveness of business..
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Divorce and Financial Settlements
The Court of Appeal has ruled that a man who had been married for 1,000 days must pay his ex wife £5m. Such large sums are rare. In most divorces there are hardly enough assets to go around in setting up two homes, post divorce.
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Buy-outs rising in popularity
Management buy-outs (MBOs) are growing in popularity according to the latest research Experts say that MBO teams are able to negotiate lower prices for the firms they are buying because of a general downturn in trading and a shortage of trade buyers in the market.
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Don’t pay two lots of tax
If you’re thinking of buying a property abroad, don’t forget that you could have to pay tax in two different countries.
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Identity crisis
Businesses are being urged to be more careful about how they get rid of paperwork – because they could be putting their customers at risk of identity fraud.
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A question of Trust
The Budget in March contained measures that could have serious implications for anyone who wants to limit their inheritance tax liabilities.
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New discrimination laws are no joke
New laws protecting workers from discrimination will mean improved rights for employees – but business managers will need to be careful they don’t unwittingly fall foul of the new rules.
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