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Shadow Directors And Their Increased Responsibilities

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This is part of a series of blogs on the Small Business, Enterprise & Employment Bill (“the Bill”) that is proposed to come into force in April 2015. Section 251(2) of the Companies Act 2006 provides a definition of a shadow director of a...

All Company Directors Must Now Be Natural Persons

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This is part of a series of posts on the  Small Business, Enterprise & Employment Bill (“the Bill”) that is proposed to come into force in April 2015. Sections 76 and 77 of the Bill removes the ability to appoint...

Pub Tenant landlords and Reform of the Pub Code

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This is part of a series of blogs on the Small Business, Enterprise & Employment Bill (“the Bill”) that is proposed to come into force in April 2015. It is well publicised that following derestriction of the pub sector in the 1990s a new...

Company transparency - disclosure of VAT information by HMRC

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This is part of a series of blogs on the Small Business, Enterprise & Employment Bill (“the Bill”) that is proposed to come into force in April 2015.  The Bill is currently undergoing readings before the House of Lords following the...

INTRODUCTION - The Small Business, Enterprise & Employment Bill Blogs

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This is part of a series of blogs on the Small Business, Enterprise & Employment Bill (“the Bill”) that is proposed to come into force in April 2015. The Bill is currently undergoing readings before the House of Lords following the 1st...

Recruitment Industry - Restrictive Covenants and the Internet

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Can restrictive covenants still be enforceable when so much information about candidates and recruiting clients is available on the internet?  Yes, said the High Court in a recent case about the education recruitment market but it has  broader...

Employment Law in 2014: What to Expect - Flexible working

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6th April 2014 - Flexible working The right to request flexible working is extended to all employees with 26 weeks’ service, and not just those employees who have children or are carers. The statutory procedure for dealing with flexible working...

Employment Law in 2014: What to Expect - Discrimination

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6th April 2014 - Discrimination Abolition of discrimination questionnaires – the procedure by which an individual is able to obtain information from his or her employer about discrimination, and then subsequently use that information as evidence...

Employment Law in 2014: What to expect - TUPE

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31st January 2014 - TUPE The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (SI 2014/16) makes changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI...

Employment Law in 2014: What to Expect - Financial penalties

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6th April 2014  - Financial penalties Tribunals will have the power to impose a financial penalty on losing employers of 50% of the value of the award, with a lower threshold of £100 and an upper limit of £5,000. It is not automatic. ...

Employment Law in 2014: What to Expect - Equal Pay

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Equal Pay Expected that employment tribunals will be required, in accordance with the Enterprise and Regulatory Reform Act 2013, to order pay audits where an employer is found guilty of breaching the equal pay provisions under the Equality Act 2010. ...

Employment Law in 2014: What to Expect - ACAS

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6th April 2014 - ACAS Introduction of mandatory conciliation – the Enterprise and Regulatory Reform Act 2013 makes it a requirement that claimants must lodge details of their proposed employment tribunal claim with ACAS before initiating...

Employment Law in 2014: What to Expect - Sickness

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Spring 2014 - Sickness Introduction of a new government funded independent assessment service to assess ill health. The aim is to introduce this in April, but it may be towards the end of 2014. Its remit will include free assessment by occupational health...

Employment Law in 2014: What to Expect - Statutory Sick Pay

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6th April 2014 - Statutory Sick Pay • Increases from £86.70 per week to £87.55 per week. • Abolition of the strict record keeping requirements, however employers will still be required to maintain records but in a more flexible...

Buying and Selling Businesses - Changes to the Employment Rules

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There is some good news for those buying and selling businesses – the Government is easing some aspects of the ‘TUPE’ employment protection legislation that applies on the transfer of a business although the Government is not going so far...

Developments in Employment Law 2013: An Overview

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2013 was a year that kept employment lawyers and HR professionals on their toes with a number of significant developments. The purpose of this article is to give an overview of those key changes. In future reports we will be examining the most noteworthy in...

Prepacks and reporting to creditors: What does the new SIP16 mean to you?

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The new Statement of  Insolvency  Practice 16 (SIP 16) “Pre-packaged sales in administration” comes into force on  1 November 2013 .   Insolvency practitioners who negotiate sales of all or part of a distressed...

Does Providing Professional Advice to a Limited Company put the Advisor at Risk?

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The answer is generally no. Giving advice in a professional capacity to a limited company does not normally make someone a shadow director. However, you may be more at risk in certain situations - for example as an in-house lawyer or a financial adviser. ...

What is meant by being involved in the "management" of a company?

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The meaning has been interpreted extremely widely. There are no hard and fast rules as to what it means as every company is run differently. The courts look at matters on a case by case basis to determine whether a person’s role is effectively...

What is a Director?

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A “Director” is not generally defined in legislation, but relates to any person occupying the position of director by whatever name called. This can include senior managers, partners, trustees or governors. Conventionally, a director appointed to...

"Help: my client's gone bust!"

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We all have a pretty good idea of what this phrase means, but what are the most common types of insolvency that you might meet among your clients? As someone who is owed money by a client who has ‘gone bust’, what does this mean for your business...

The Importance of a Shareholders' Agreement

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Year on year many small limited companies are  successfully set up  by family members, friends and former colleagues with great business ideas, yet for some such happy beginnings may not last. Disputes may arise shortly after the company’s...

Directors' Duties - The Basics and the Risks

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Directors' duties were codified by Part 10 of the Companies Act 2006: Chapter 1 of Part 10 (sections 154-169) sets out the laws relating to company Directors (appointment, register and removal). Chapter 2 of Part 10 (sections 170-180) sets out the...

Background to Francis Wilks & Jones

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Francis Wilks & Jones  was founded in 2002 and is based in Central London. We specialise in providing legal services to a number of business sectors together with more bespoke advice to individuals. We count amongst our client base members of the...

Shadow Directors - Beware

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A recent press release from the Department for Business Innovation and Skills (BIS) reports that a disqualified director has been sentenced to 6 months imprisonment pursuant to s.13 of the Company  Directors’ Disqualification  Act 1986 (CDDA)...

Avoiding Deadlock - Court Intervention or Shareholders' Agreement?

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If the attendance of a specific director is a requirement of a company’s constitution, can a decision made at a directors’ or  shareholders’ meeting be valid if that director is not present?  Further still, can that...

Zombie companies - the Need for Advice

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Contrary to the predictions of many commentators at the start of the credit crunch, the continued recession has not led to a surge, but a decline, in  corporate insolvencies  and numbers now are now at their lowest level since 2008 [1] . Instead...

Decision making - shareholder trumps director

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It is fairly commonplace for a director to hold a dual role within a company, acting as director and/or shareholder, officer or representative of a shareholder. These roles should for the most part align with one another, however, if these dual interests...

10 Common Mistakes in Litigation

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Unnecessary Delay If you believe that you have a cause of action against another party then avoid unnecessary delay. If you have a monetary claim, you need to act fast in the current climate to get your money back. Otherwise the debtor might pay other...

Setting Up a Business - 8 Most Common Mistakes

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Starting a new business is an exciting, busy and challenging time. But amid everything else you have to do,  it is all too easy to overlook some essential details which, if put in place at the early stages, will strengthen your business and can...

Common FAQs for Shareholders and Directors

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How do  Shareholders’  and Directors’ roles differ? A company is an independent legal entity separate from its Directors and Shareholders. A Director of a company is responsible for directing its affairs on a day-to-day basis,...

Successful claimant ordered to pay majority of defendant's costs

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Getting costs right. In the words of Coulson J in the recent case of Brit Inns Ltd and another v BDW Trading Ltd (No 2) [2012] EWHC 2489(TCC) “when civil litigation goes wrong, costs become the critical issue”.  The case concerns two...