Equality in Action–Manchester United and Liverpool

admin — Thu, 09 Feb 2012 13:01:56 +0000

This weekend sees the return on the North Wests giant football fixture. We should all be looking forward to watching to leading teams, with great histories play a great game. As an Everton and Shrewsbury Town fan I should be neutral and able to enjoy the game – however there is a problem.

Last October a Liverpool player Luis Suarez aimed an outburst at Patrice Evra of Manchester United. An FA Independent Disciplinary Commission found Suarez to have used racist language and banned him for 8 games. The suspension ended this week just in time for the next instalment.

Equality in Action

In the meantime the two clubs have traded views by media interviews and the fans have booed the relevant players. Every players and fans present at the games have a right not to be subjected to racist abuse and treated equally.

The two clubs as employers owe a duty of care to their employees (staff, stewards, coaches and players) to try and prevent race discrimination in their workplace. How are they achieving this? Well if media reports are right then the respective managers continue to promote the historical interests of Mr Evra and Mr Suarez. In doing so no obvious preventative measures are in place to deal with problems between the clubs, the players, the coaching staff and the fans.

We expect there will be discrimination issues arising – the question is will this form part of a Court or Tribunal claim. If so the media comments may provide damning evidence in a future claim. Of course the media comments may be out of context or nuisance but the issue is now a high risk one in all football clubs not just these two great clubs. As employers they should be focused on protecting their employees. As a minimum they should:

Guide staff through training and supervision;
Have an equality policy (and stick to it);
Publically appeal for calm and sporting support;
Deal with any employees (and fans) that breach the policy.

Let’s hope the next couple of days see equality promoted, see employees protected and a fantastic game for us neutrals to enjoy.

Conclusion

Many of our clients pay a small monthly fee for our HR Helpline service which allows them to seek and obtain legal advice on these issues without extra cost. If you would like a quote for your business please contact us now. Our clients include football clubs and other sporting clubs and businesses.

Bennett’s Legal employment solicitors are available to discuss your needs on 0844 472 2378 and are based at our Shrewsbury office but offer advice UK wide to clients. We act for employers and employees.

If you need an employment law solicitor why not call our award winning team (UK Small Law Firm of the Year 2011) on 0844 472 2378 or email us for advice on employment and business law and compromise agreements.

Our employment law solicitors advise regularly in the following geographical areas Shrewsbury, Telford, Oswestry, London, the City, London City, Birmingham, Manchester, Leeds, Southampton, Wrexham, Chester, Wolverhampton, Swindon, Winchester, Alderely Edge, Southampton, Newcastle, Stole on Trent, the Midlands, Shropshire, Cheshire, North Wales and our employment law solicitors can advise UK wide on all aspects of employment law by Skype, telephone conference, email and of course in person.

Our employment law expertise includes wrongful dismissal, unfair dismissal, and discrimination at work, discipline and grievance matters, restrictive covenant disputes and compromise agreements.

As specialist employment lawyers we act in numerous high value cases and offer clients expert employment lawyers in respect of all issues.

As Shrewsbury’s only boutique employment law firm our solicitors regularly see matters that your average High Street law firm and their employment law solicitors simply rarely see. In part due to our specialism and in part due our UK wide coverage.

Employee Contracts and Dismissals

admin — Wed, 01 Feb 2012 17:24:12 +0000

An employee who is dismissed in breach of a term in his employment contract can bring a claim for wrongful dismissal. However, for over a century the law has restricted the value of any such claim – subject to a very slight extension – to the employee’s notice monies. In some respects that does not sit well with the general law of contract that, subject to mitigation of loss, a wronged party may recover the losses flowing from the breach.

Breach of Contract Damages for Dismissal

There is in every employment contract an implied term of mutual trust and confidence. In 1994 Mr Johnson was unfairly dismissed and, rather cleverly, in addition to the statutory remedy of unfair dismissal set out (in what is now) the Employment Rights Act 1996 he also sought to claim damages for the manner of his dismissal as a breach of the implied term. The House of Lords, as it then was, held that Parliament had put in place a statutory remedy and a contractual remedy ought not to override the intention of the legislature. This is known as the ‘Johnson exclusion’.

Matters move forward to 2004 and the case of Mr Eastwood who was dismissed following serious but very dubious allegations. The manner in which the employer handled the disciplinary procedure caused Mr Eastwood to suffer psychiatric illness for which he claimed compensation. It was said by the employer that Mr Eastwood could not make such a claim as this was within the ‘Johnson exclusion’. The House of Lords did not accept this; the cause of action arose before and separately from the dismissal so the ‘Johnson exclusion’ did not apply.

The Supreme Court had to deal with the ‘Johnson exclusion’ again in December 2011. Mr Edwards was a consultant surgeon who was dismissed for carrying out an inappropriate intimate examination. Mr Edwards denied the conduct and argued that his contract expressly set out the disciplinary procedure to be followed, this was not followed and had it been followed he would not have been dismissed. Mr Edwards, who sought compensation well above the statutory cap for unfair dismissal, argued that the ‘Johnson exclusion’ did not apply to an express contractual term.

Mr Edwards was unsuccessful in the High Court, supported by all three judges in the Court of Appeal but then lost by a majority decision on 4:3 in the Supreme Court. The majority did not agree on the reasoning but the principle that can be distilled is that if the employee claims damages for a wrong that touches the dismissal process the claim will fail for being within the ‘Johnson exclusion’ but otherwise he may claim damages as Mr Eastwood did. It will not matter if the wrong is in breach of an express or an implied term of the employment contract; its proximity to the dismissal appears to be the key. In Mr Edwards’ case the wrong (failure to follow the contractual disciplinary procedure) was committed before the dismissal but his loses were caused by the dismissal; whereas Mr Eastwood’s loses were caused by the disciplinary process rather than the dismissal per se.

Have you been dismissed?

The reasoning is not easy to follow, even the President of the Supreme Court thought the first draft judgment was plainly right until he saw the drafts of other colleagues. This decision will be welcomed by employers but this matter might be litigated again given the uncertainty: although Mr Edwards ultimately lost his case, a greater number of judges found for him than against him.

Bennett’s Legal Solicitors based in Shrewsbury would be delighted to advise and guide you through any employment law issue.

Please contact Solicitors Nicholas Kennan or Charlotte Bateman on 0844 472 2378 or by e-mail to discuss your concerns.

Bennett’s Legal Limited are Solicitors based in Shrewsbury but operate a UK wide specialist employment law and business law service to big businesses, smaller companies businesses owner/managers and individuals.

We offer conferences and advice:

1.            by telephone;
2.            by Skype;
3.            by e-mail;
4.            at our offices.

Bennett’s Legal is a firm of Solicitors in Shrewsbury who advise only businesses, business owners and individuals with employment and business law needs. From our Shrewsbury offices our solicitors advise media businesses, football clubs and private companies UK wide.

Made Redundant whilst on Maternity Leave?

admin — Thu, 26 Jan 2012 12:41:25 +0000

Redundancy occurs when an employer ceases carrying out the particular type of work that the employee was employed to do altogether, in part or at a particular location. Being made redundant whilst on Maternity Leave is a potentially fair reason for dismissal but there is a procedure that the employer ought to follow otherwise there is a risk of any dismissal being found unfair.

A woman is protected from dismissal by reason of pregnancy or childbirth, and she is protected from a detriment by reason of pregnancy, childbirth or maternity.

Have You Been Made Redundant?

It follows that unless the employer makes provision for an employee on maternity leave in any redundancy process the dismissal is likely to be unfair and discriminatory. These situations need to be handled very carefully as if the balance is weighed too heavily in favour of the employee on maternity leave any of the other employees made redundant may be able to bring a claim.

In the case of Eversheds Legal Services Limited v De Belin one of two employees was to be made redundant. One employee was male and the other was on maternity leave. The employer gave the female employee the highest possible score in one of the selection criteria because she had been on maternity leave for twelve months so it was not possible to measure the criterion objectively over the previous year and this was thought to be a fair way of removing any disadvantage. The male employee who was made redundant on the strength of this score brought a successful claim for sex discrimination as there were other more proportionate methods of assessing the criterion that he had proposed during consultation.

The De Belin case is a classic example of an employer trying to do the right thing but getting wrong and paying the price. The lesson for employers is to balance competing interests.

There are, however, protections in place for employees on maternity leave who find themselves in a redundancy process. The employee will be automatically unfairly dismissed if the employer fails to offer her any suitable vacancy that exists. The employer has some discretion is deciding whether or not a vacancy is ‘suitable’ but may need to be prepared to show their reasoning at an employment tribunal if challenged.

An employee who is dismissed whilst she is pregnant or on maternity leave, for whatever reason, is entitled to a written statement setting out why she has been dismissed. The employer must provide this statement even if the employee does not request it. A solicitor advising an employee who has dismissed whilst pregnant or on maternity leave will want to examine this letter closely.

Employers ought to seriously consider taking legal advice if an employee who is pregnant or on maternity leave is likely to be involved in a redundancy process. Likewise, employees in this position who are made redundant may find it beneficial to speak with a solicitor to see if the procedural requirements have been complied with.

The Bennett’s Legal team would be delighted to advise and guide you through any employment law issue if you have been made redundant whilst on maternity leave.

Have been made redundant whilst on Maternity Leave?

Forming a Company

admin — Wed, 21 Dec 2011 13:46:40 +0000

You may have come across advertisements which make forming a company sound very easy, but before you go ahead there are some serious issues to think through. If you have decided that forming a company is the best vehicle for your new venture then here is a checklist:

Forming a New Company?

Decide what to include in the Articles of Association and Memorandum of Incorporation. These documents lay down how the company is to be formed and what its operating procedures will be. Include the names of the director(s) and company secretary (if applicable).
Determine who will own the shares and in what proportions.
If you own trademarks you need to decide whether to keep them or sell or lease them to the company.
If the company will use a property owned by a director you need to decide whether or not you should have a lease. There are many tax considerations attaching to this, so take advice before you act.
Take advice on whether cars should be owned by the company or kept out, how they are financed, insured and how you are going to meet travelling expenses.
Give thought to what the ‘corporate look’ is going to be. If you plan to use a trade name, do a search to make sure the company name and trade name can be used without legal ramifications.
Your stationery, website and emails must show your registered number and other details.
If your turnover is more than the VAT limit you must register for VAT. You must also tell HM Revenue and Customs (HMRC) that the company is trading. Failure to do so within the time limit may lead to a fine. Even if you do not need an audit, you will probably have to appoint accountants to make sure your accounts comply with the Companies Act 2006.
Employers must have employers’ liability insurance. However, very small companies which employ only their majority shareholder are exempt from the requirement to carry employers’ liability compulsory insurance. This has brought them into line with sole traders who do not employ anyone else.
Normally, you will not be able to open a corporate bank account until your bank has seen the company’s certificate of incorporation. If you need borrowing, consider what security can be offered and who will give guarantees if necessary.
Employees have numerous rights and it is important to know which laws apply to you.

Contact Shrewsbury Solicitors Bennetts Legal

Shrewsbury Solicitors Bennett’s would be delighted to assist and guide you forming a company to get your business up and running the most tax efficient way.

Please contact Trainee Solicitor Harjinder Kandola on 0844 472 2378 or by email to discuss your new business enquires.

About Our Law Firm

If you want advice on any aspect of Business Law then the Bennett’s Legal team can assist you through the process. Please contact Shrewsbury office for a no obligation discussion about your situation on:

Telephone: 0844 472 2378 or email our Shrewsbury based Solicitors.

We offer conferences and advice by:

1. telephone;
2. by Skype;
3. by email;
4. and of course in person.

WE ADVISE UK WIDE ON A DAILY BASIS – CALL US ON 0844 472 2378 OR EMAIL US FOR A NO OBLIGATION FREE DISCUSSION.

Shrewsbury Solicitor Harjinda Kandola

Great Advice For Business Networking

admin — Tue, 06 Dec 2011 10:39:58 +0000

Here are some important tips for Business Networking from Shrewsbury Solicitor Harjinder Kandola.

10 Tips For Business Networking

Keep in mind that networking is about being genuine and authentic, building trust and relationships, and seeing how you can help others.
Ask yourself what your goals are in participating in networking meetings so that you will pick groups that will help you get what you are looking for. Some meetings are based more on learning, making contacts, and/or volunteering rather than on strictly making business connections.
Visit as many groups as possible that spark your interest. Notice the tone and attitude of the group. Do the people sound supportive of one another? Does the leadership appear competent? Many groups will allow you to visit several times before joining.
Hold volunteer positions in organisations. This is a great way to stay visible and give back to groups that have helped you.
Ask open-ended questions in networking conversations. This means questions that ask who, what, where, when, and how as opposed to those that can be answered with a simple yes or no. This form of questioning opens up the discussion and shows listeners that you are interested in them.
Become known as a powerful resource for others. When you are known as a strong resource, people remember to turn to you for suggestions, ideas, names of other people, etc. This keeps you visible to them.
Have a clear understanding of what you do and why, for whom, and what makes your doing it special or different from others doing the same thing. In order to get referrals, you must first have a clear understanding of what you do that you can easily articulate to others.
Be able to articulate what you are looking for and how others may help you. Too often people in conversations ask, “How may I help you?” and no immediate answer comes to mind.
Follow through quickly and efficiently on referrals you are given. When people give you referrals, your actions are a reflection on them. Respect and honour that and your referrals will grow.
Call those you meet who may benefit from what you do and vice versa. Express that you enjoyed meeting them, and ask if you could get together and share ideas.

Contact Shrewsbury Solicitors – Bennetts Legal

The Bennett’s Legal team would be delighted to assist and guide you on how to get your business up and running.

Please contact Shrewsbury Solicitor Harjinder Kandola on 0844 472 2378 or by email our Solicitors to discuss your new business enquires.

About Us

Telephone: 0844 472 2378 or email one of our Solicitors in Shrewsbury.

We offer conferences and advice by:

telephone;
by Skype;
by email;
and of course in person.

WE ADVISE UK WIDE ON A DAILY BASIS – CALL US ON 0844 472 2378 OR EMAIL US FOR A NO OBLIGATION FREE DISCUSSION.

Shrewsbury Solicitors – Beth, Harjinder, Paul & Charlotte

Tax Implications on a Second Job

admin — Tue, 29 Nov 2011 13:58:13 +0000

It seems that the level of Income Tax you will pay for having a second job is widely misunderstood by most individuals so allow us to explain about tax implications.

Tax Implications

There seems to be a widely held belief that all second jobs are taxed at 40%, this is not correct. Your tax rate is calculated based on your entire income, not whether it is your primary, secondary or even third job.

“Do you have a second job?”

So for most people running a small business on the side, assuming they are operating as a sole trader or partnership the additional income will be taxed at the basic rate of 20%, this is on the assumption that they have already used up their personal allowance of £7,475 (tax year 2011/12) and are earning less than £35,000 in that tax year.

The current Income tax brands are:

RATE	2011-2012
Basic rate at 20%	£0 – £35,000
Higher rate at 40%	£35,001 – £150,000
Additional rate at 50%	Over £150,000

CONTACT US

The Bennett’s Legal team would be delighted to assist and guide you on how to get your business up and running the most tax efficient way.

Please contact Commercial Trainee Solicitor Harjinder Kandola on 0844 472 2378 or by email to discuss your new business enquires.

ABOUT US

Telephone: 0844 472 2378 or email:

Bennett’s Legal Limited is based in Shrewsbury but operate a UK wide specialist employment law and business law service to big businesses, smaller companies businesses owner/managers and individuals.

Our Commercial Solicitors offer conferences and advice by:

1.                 telephone;
2.                 by Skype;
3.                 by email;
4.                 and of course in person.

Bennett’s Legal is a firm of Commercial Solicitors in Shrewsbury who advise only businesses, business owners and individuals with employment and business law needs. From our Shrewsbury offices our commercial solicitors advise media businesses, football clubs and private companies UK wide.

WE ADVISE UK WIDE ON A DAILY BASIS – CALL US ON 0844 472 2378 OR EMAIL COMMERCIAL SOLICITORS FOR A NO OBLIGATION FREE DISCUSSION.

Commercial Solicitors – Offering Expert Advice on Tax Implications

A Focus on National Employment Savings Trust

admin — Tue, 29 Nov 2011 13:48:48 +0000

Following on from our recent blog on employer’s pensions changes and automatic enrolment and the employer’s duties this blog focuses on the National Employment Savings Trust (NEST) option which is forthcoming from October 2012 and is being phased in between that date and September 2016.

The NEST option is specifically designed for employers who do not have or do not wish to set up their own automatic enrolment scheme with a pension provider. The scheme is designed to be:-

Low cost
Specifically aimed at low to medium earners
Micro employers

NEST can be used in conjunction with a provider scheme for example workers who are on probationary periods or a section of low pay workers within the workforce.

National Employment Savings Trust

However the NEST Scheme has a number of restrictions. Firstly there is a general ban on transfers in or out by those who contributed to their pension.

Secondly there is an upper contribution limit of £3,600 per annum. For employers with higher earning employees this is insufficient.

Thirdly there are limited retirement options and it is clear that workers will be more limited in their choice of pension options at the point of retirement. Independent financial advisers are concerned about this but that is outside the scope of this blog as we are not authorised to give financial advice by the Financial Services Authority. However limited retirement options may have a effect on potential recruitments and potential for staff to leave the business to secure a better package elsewhere.

The investment options are again limited with NEST. Again financial advisors particularly independent financial advisors are concerned about this and if that is a concern for you we would strongly advise that you seek the advice of an independent financial advisor as part of your business planning process and planning for the introduction of auto enrolment, employers duties and NEST. If you are a client of ours we have advisors who are used to working with us who can assist you. We work with a wide number of IFA’s and are not tied to anyone.

The death in service benefits which could be paid from a NEST pension are potentially structured in a way which is less favourable from an inheritance tax perspective although the final rules have yet to be clarified in both the pensions industry and independent financial advisors who have been drawing this to the attention of the Government and the legislation is not due to be completed for some months yet. For example of Department of Work and Pensions published draft regulations in July 2011 which have yet to be adopted and could be tailored to remedy this and other potential defects.

As an employer what should you do about pensions now? We would suggest the answer is as follows:-

1. Make provision within your cash flow for the additional costs on payrole of between 1-3 %.

2. Take expert professional advice from a solicitor in relation to the employment elements and in conjunction with an independent financial advisor in relation to the pension elements.

3. Liaise regularly with your advisors on this point until it is introduced because the regulations are changing and whilst the cash flow implications can be ascertained at this stage the other effects will need to be scheduled into your business plan over the coming months and years.

Conclusion.

Expert employment law advice from a Solicitor is needed from the issue of pensions and options to reduce the pension costs.
Many of our clients pay a small monthly fee for our HR Helpline service which allows them to seek and obtain legal advice on these issues without extra cost. If you would like a quote for your business please contact us now.

National Employment Savings Trust – Advice

Our employment law expertise includes wrongful dismissal, unfair dismissal, and discrimination at work, discipline and grievance matters, restrictive covenant disputes and compromise agreements.

As specialist employment lawyers we act in numerous high value cases and offer clients expert employment lawyers in respect of all issues.

Employment Tribunal Solicitors Expert Advice On Limitations

admin — Mon, 28 Nov 2011 09:38:29 +0000

With the exception of criminal prosecutions, most legal claims are subject to time limits within which legal proceedings must be started. This raises three questions: what are the time limits, when does the time limit begin and how are legal proceedings started? Allow our experienced Employment Tribunal Solicitors explain!

The time limits vary from case to case. The limitation period for personal injury claims is 3 years whereas a claim to enforce a mortgage debt must be started within 12 years. Some employment claims have a limitation period of just 3 months. Simple negligence and breach of contract claims have a limitation period of 6 years. Defamation claims must be started within a year.

The limitation period will generally start once the cause of action accrues, which is legal speak for the act of wrongdoing or the factual situation arising that allows one person to sue another. But, of course, the law never makes it easy. For example, if a solicitor was to give advice to a client that was patently wrong and the client were to lose money as a consequence then the client is likely to have claims against the solicitor in both breach of contract and negligence.

Limitation Periods For Claims

However, the limitation period for breach of contract will start once the incorrect advice is given but the limitation period for negligence will not start until the loss is incurred. These two events may well occur at different times.

In some cases the limitation period might not start until after the cause of action accrues. If the wrongdoer has committed a fraud or tried to conceal what he has done, then the time does not start to run until the fraud or concealment is discovered or could reasonably have been discovered with due diligence.

It is generally safe to say that legal proceedings are started by the appropriate court receiving the appropriate claim form.

The main point here is that whilst you can know with some certainty what limitation period is likely to apply to your case and how to start proceedings, knowing when the limitation period starts can be more difficult. Whilst the court, in some cases, has the option to extend a limitation period this is a discretionary remedy and should not be relied on unless necessary. If legal proceedings are started out of time then this can be an absolute defence to the claim regardless of its merits.
It is therefore essential to take early advice on when the limitation period will expire. There are also practical reasons to take early advice such as the preservation of evidence.

Looking For Expert Legal Advice From Employment Tribunal Solicitors?

The Bennett’s Legal team of Employment Tribunal Solicitors would be delighted to advise you on any employment or commercial claims that you think you may have.

Please contact Employment Tribunal Solicitors Paul Bennett or Nicholas Kennan on 0844 472 2378 or e-mail Employment Tribunal Solicitors to discuss your concerns.

Bennett’s Legal Limited are Employment Tribunal Solicitors based in Shrewsbury but operate a UK wide specialist employment law and business law service to big businesses, smaller companies businesses owner/managers and individuals.

Employment Tribunal Solicitors offer conferences and advice:

1. by telephone;
2. by Skype;
3. by e-mail;
4. at our offices.

Bennett’s Legal is a firm of Employment Tribunal Solicitors in Shrewsbury who advise only businesses, business owners and individuals with employment and business law needs. From our Shrewsbury offices our solicitors advise media businesses, football clubs and private companies UK wide.

Contact Employment Tribunal Solicitors to access professional, friendly assistance on 0844 472 2378 or e-mail Employment Tribunal Solicitors

WE ADVISE UK WIDE ON A DAILY BASIS – CALL US ON 0844 472 2378 OR E-MAIL EMPLOYMENT TRIBUNAL SOLICITORS FOR A NO OBLIGATION FREE DISCUSSION

Employment Tribunal Solicitors

Warning From Employment Solicitors

admin — Fri, 25 Nov 2011 11:29:15 +0000

A Cash Flow Warning For All Employers – Fines of up to £10,000

For a number of years employers had to provide a Stakeholder Pension Scheme or at least access to such a scheme if they have five or more employees. Forthcoming changes initially laid out in the Pensions Act 2008 but coming into force on a phased in basis between October 2012 and September 2016 will impose more onerous obligations on employers and crucially from a business planning perspective create additional costs and drains on businesses cash flow moving forward.

The first element of the changes is known an automatic enrolment. Starting from October 2012 any UK employer who employs at least one person will be legally obliged to:-

(1) Set up and register a pension scheme suitable for automatic enrolment.

(2) Automatically enrol certain workers into that pension scheme (these workers will be known as eligible jobholders)

(3) Arrange membership of a pension scheme for certain other workers who are not yet eligible jobholders.

(4) The employer will need to make contributions for eligible jobholders and certain other workers which is a rising percentage of employment costs between 1% and 3% of payroll over three years.

(5) Manage the automatic enrolment of their staff, including joining and opting out processes.

(6) Provide specified information to the workers regarding the pension scheme providers and the Pensions Regulator.

(7) Keep records of how those are filled and will continue to fill their duties.

Whilst an opt-out scheme will exist employers should not rely upon this because it is clear that it is intended to be an exceptional circumstances measure rather than an ordinary measure. Abuse of the system or failure to comply with the system will lead to the Pensions Regulator potentially taking enforcement action. This will consist of three stages.

Stage 1

A notice of non-compliance. The notice will detail the breach and require the employer to put things right within a specified timescale. The notice can also require the employer to make backdated contributions with interest added.

Stage 2

A fixed penalty notice may be issued.

This will require employers to put right the breach identified in the previous compliance notice within four weeks and thereafter will apply a fixed penalty notice of £400. What is not yet clear is whether this is £400 per employee or £400 per notice. In future blogs we will update this basic information.

Stage 3

If an employer fails to comply with the original compliance notice and the subsequent fixed penalty notice they will face daily escalating penalties. These will start from the date of the fixed penalty notice and will be up to £10,000 per day for larger employers. For smaller employers, those employing for between 1-4 people, the daily rate will be £50 per day. For those with 500 or more staff it is £10,000 per day.

Interestingly the Pensions Regulator also has the ability to prosecute the employer where a court may impose a fine or in more serious cases a term of imprisonment for non-compliance.

The auto enrolment options therefore are significant both in terms of their cash flow consequences and need to be planned for now and also in terms of their larger administrative burden in relation to employers and payrole. It is clear a number of employers will outsource this and we are looking at setting up a scheme to enable employers to outsource this to ourselves but it is clear that a range of new solutions will be provided by potentially accountants and solicitors and independent financial advisors.

In our next blog we will examine about the second element of employer’s pensions and forthcoming changes that being the National Employment Savings Trust (NEST).

Conclusion

Expert employment law advice from an Employment Solicitor is needed from the issue of pensions and options to reduce the pension costs.

Bennett’s Legal Employment Solicitors are available to discuss your needs on 0844 472 2378 and are based at our Shrewsbury office but offer advice UK wide to clients. We act for employers and employees.

If you need an employment law solicitor why not call our award winning team (UK Small Law Firm of the Year 2011) on 0844 472 2378 or email Employment Solicitors for advice on employment and business law and compromise agreements.

Our employment law expertise includes wrongful dismissal, unfair dismissal, and discrimination at work, discipline and grievance matters, restrictive covenant disputes and compromise agreements.

As specialist employment lawyers we act in numerous high value cases and offer clients expert employment lawyers in respect of all issues.

Commercial Solicitors on Commercial Fraud

admin — Fri, 25 Nov 2011 10:49:17 +0000

What happens when a company goes into liquidation leaving unpaid creditors? Most people think that the money is lost or, at most, there might be a few pence in pound paid by the liquidator. In most cases that is likely to be so. But not in all cases, let our Commercial Solicitors explain.

There may be some suspicious transactions that can be undone with a view to making more money available to creditors. For example, if a company has ‘sold’ assets to a director below their true value (it might be that the director is looking to start up a new company doing the same thing but without the debt burden) then this transaction may be set aside allowing the assets to be sold at a proper value for the benefit of the creditors.

Commercial Solicitors in Shrewsbury on Commercial Fraud

It might be that there is personal liability on a director or employee of the company if he or she has committed a fraud. If an individual dishonestly makes a false statement with the intention that another party relies on that false statement, and that party does rely on the false statement and suffers a loss because of it then the individual commits a fraud and can be personally liable for that loss. It does not matter that the company they represented is in liquidation. It is no defence to say “I committed the fraud on behalf of the company”.

Directors Liability

There may also be some cases where a director can be made personally liable if he or she uses the company in an improper way so as to avoid or conceal liability. The court can make the director a party to whatever contract the other party cannot practically enforce because of the company’s position, so they can enforce against the director.

The Commercial Solicitors at Bennett’s Legal team in Shrewsbury would be delighted to advise you on any concerns you have about recovering sums of money where the circumstances warrant further investigation.

Please contact Shewsbury Solicitors Paul Bennett or Nicholas Kennan on 0844 472 2378 or by e-mail Commercial Solicitors to discuss your concerns.

Commercial Solicitors offer conferences and advice:

1.            by telephone;
2.            by Skype;
3.            by e-mail;
4.            at our offices.

Bennett’s Legal is a firm of Commercial Solicitors in Shrewsbury who advise only businesses, business owners and individuals with employment and business law needs. From our Shrewsbury offices our solicitors advise media businesses, football clubs and private companies UK wide.

Contact Commercial Solicitors to access professional, friendly assistance on 0844 472 2378 or e-mail Commercial Solicitors

WE ADVISE UK WIDE ON A DAILY BASIS – CALL US ON 0844 472 2378 OR E-MAIL COMMERCIAL SOLICITORS IN SHREWSBURY FOR A NO OBLIGATION FREE DISCUSSION

Commercial Solicitors in Shrewsbury