NEWS & KNOWLEDGE
Understanding the Redundancy Consultation Period
A recent ACAS publication shows that around 20% of SMEs are facing the prospect of making redundancies in 2023 due to the significant economic pressures plaguing the UK. Whether your SME is one of the 20% or not, understanding how to run a redundancy consultation is a...
How To Dismiss A Company Director
Directors bear a great deal of responsibility and are legally bound to work in the best interests of the company. As such, any non compliance with the company’s articles, or any breach of duty must be treated seriously and in certain circumstances, a director’s...
What Are The Specific Provisions That Should Be Included In A Settlement Agreement?
Settlement Agreements contain a variety of provisions that vary depending on the reason the document is being drawn up. These provisions will also vary depending on whether the employee’s contract with the business has been terminated already. Nevertheless, there are...
Employment Relations (Flexible Working) Act 2023 – What Changes Can You Expect to See?
In July, the Employment Relations (Flexible Working) Act 2023 received Royal Assent. This significant piece of legislation is designed to make flexible working arrangements easier to achieve for employees across the country. Find out more about it here. The...
Why Is It Important To Get Independent Legal Advice?
There are many circumstances in which obtaining independent legal advice is advisable or even essential in order to ensure optimal protection for the rights, well-being, and interests of the individuals who are involved in the legal situation or transaction....
De Facto Directors and the High Court – Where Do You Stand?
In the case of Aston Risk Management Ltd V Jones and others [2023] EWCH 603 (Ch), the High Court has maintained that any director of a holding company that becomes substantially involved in the matters of a subsidiary must be regarded as a de facto director and...
How Do I Register A Trademark?
There is a specific process to follow when registering your company’s trademark involving five distinct steps: Defining the trademark Viewing the trademark register Choosing the right classification for your trademark Submitting your application Addressing any...
Is a Settlement Agreement a Good Idea?
Terminating employment can be a difficult time for both the employee and the employer. In situations where a workplace dispute has arisen, a settlement agreement can be a good idea to avoid the potentially length legal process of an employment tribunal. However, there...
How Can I Protect Myself from Being Taken Advantage of in a Settlement Agreement?
When making a Settlement Agreement, there is always the possibility of being taken advantage of if you lack the necessary knowledge and expertise in the law. It is, therefore, crucial to seek out advice from a specialist legal professional who will be able to give you...
Why is Independent Legal Advice Important And How Does it Benefit Me?
The term Independent Legal Advice (‘ILA’) is unbiased and unprejudiced advice given by a solicitor who is not in any way connected to the parties involved in a legal matter or transaction. Some of the instances that you may require ILA include inter alia – personal...
The 1954 Act: Is Modernisation Set to Become Reality?
The relationships between landlords and tenants have long been supported in law through the Landlord and Tenant Act 1954. Over the past 70 years, this legislation has supported business tenants with the right of renewal at the end of contracts along with a number of...
Including A Reference As Part Of A Settlement Agreement
It's common practice for an employee to request a reference as part of their Settlement Agreement with you, but what are your legal obligations? Interestingly, unless you are part of a regulated industry, there is no legal requirement for you to provide a reference...
Building A Business With An Exit Strategy
With more and more start-ups making headlines for multi-million-pound acquisitions by powerhouses like Facebook and Google, it’s unsurprising that many of today’s entrepreneurs are setting up their businesses with the ultimate goal of selling. Regardless of whether...
Can a Settlement Agreement be enforced?
A Settlement Agreement, once it has been signed by both parties, is a legally binding document and can, therefore, be enforced. In the event that either party breaches the terms that were agreed upon in the document, action can then be taken against them as long as...
What To Consider When Selling Your Business
When selling your business, the foremost concern is usually getting a fair price for all of the hard work you’ve put into building your company over the years. However, there are also important legal considerations to take into account to ensure the transaction...
Five Things You Probably Didn’t Know About Intellectual Property Law
Intellectual property (IP) protection is essential for people working across a wide range of industries, from business owners to people working in creative services. With a proper understanding of IP law, you can ensure that your work is thoroughly protected, and...
What to know when selling your Pharmacy
It is never easy selling a pharmacy, especially when you have built it up over a long period of time, established a reputation in the local community and have become very accustomed to serving patients for many years. Whatever the reason behind the decision to sell...
What is the Difference Between Redundancy and a Settlement Agreement?
Terminating the contract of an employee is not usually a decision that is made without much consideration. The process for terminating employment will be different depending on the circumstances of the employment and the reason for the termination. Whether or not the...
What Is A Landlord Friendly Lease
Discover the complex world of commercial property leases and landlords in this engaging podcast episode. Lena Thakrar, a commercial property partner at Card Bond, joins us as our guest expert. Lena shares invaluable insights into the essential components that...
6 Things To Look Out For When Buying A Franchise Business
Investing in a franchise business can seem like a quick and easy route to success: there’s already an established brand identity and goodwill, so you may think that takes a lot of the leg work and risk out of starting a business. While this may be true to an extent,...
The Role of TUPE in Restructures and Redundancies
According to employment laws in the UK, employers have a legal obligation to consult thoroughly regarding both restructuring and redundancy. This includes not only discussions on the necessity of reducing workforce roles or creating new ones to better align with the...
Corporate Insolvency For Businesses: 6 Things You Need To Know First
In challenging economic times, it is not uncommon for businesses of all sizes to find themselves in dire financial straits, which can lead to a company becoming insolvent. While insolvency is not a desirable scenario, some insolvency procedures can be the life raft a...
Why you need a Shareholders Agreement
For privately owned companies, a shareholders agreement is absolutely essential. Even if you’ve started a business with friends or relatives, this formal legal document sets out ground rules for ownership of the business, including the roles, the responsibilities and...
Buying Share Capital Vs Buying Assets
Many buyers of a business are often unclear as to the differences and repercussions of a share purchase versus an asset purchase, yet each type of acquisition involves very different procedural and legal requirements. In a share purchase or share acquisition, the...
What Is A Deed Of Postponement Between Creditors?
It is very common for a company to borrow money from several different creditors for varying reasons and in varying ways. As a result, creditors may be classified as a senior or junior creditor, depending on their level of risk. Junior creditors assume a greater risk...
What Is The Difference Between A Warranty And An Indemnity?
Warranties and indemnities are frequently used during negotiations over the acquisition of a company, yet there is often confusion over the differences between them and their ramifications. What is a warranty? A warranty is a contractual statement by the seller,...
7 Things To Consider When Starting A Business
Starting a business can be an exciting and rewarding experience, but it is also a lot of work. Firstly, need to carefully consider the type of business you want to start, determine the industry you want to work in, the products or services you want to offer, and the...
Shareholders’ Agreements: What it is and why you need it.
A shareholders’ agreement is a legal contract made by the people who own a company together. It resembles a set of rules that each person agrees to follow. Why do you need it? It is wise to enter into a shareholders’ agreement when setting up a company with your...
5 Reasons Why You Need To Have A Shareholder’s Agreement
A shareholder’s agreement is an essential part of any business venture involving multiple shareholders. The agreement is a legal binding contract between all shareholders and is designed to protect the interests of the parties involved. We have highlighted the 5 main...
Staff Handbook Vs Employment Contract – Knowing the Difference
As an employer, providing your employees with clear and legally approved contracts of employment is critical, both to adhere to legal requirements and to set out what is expected from both parties during the term of employment. In addition, many employers also issue...
How Can I Enforce My Trademark Rights?
Should you discover that a competitor has been using your trademark without your permission, it is imperative to act efficiently and speedily. Should you fail to do so, your brand could experience reputational or financial damage. You can take several courses of...
Redundancy Selection Pools And How To Use Them
A redundancy selection pool is a way to group employees with similar roles who are at risk of redundancy. It is crucial to ensure that the selection process is impartial and without discrimination and to document the selection criteria and methodology used. It's worth...
Leases For Squat Dental Practices And Existing Dental Practices
What do we mean by “Squat practice”? Squat practices are dental practices that are set up from scratch and are often established in an empty property or a property that is used for another purpose for example a retail unit, residential property or office building. A...
NHS Pension – 24-Hour Retirement For Dentists
6 Clauses Every Business Contract Should Have
In business contracts, the clauses typically found at the end of an agreement are known as the boilerplate clauses, which set out provisions for specific aspects of the contract. There are no hard and fast rules when it comes to drafting these clauses, as they will...
How TUPE Impacts You If You Are Selling Your Business.
If your business hires employees, it is more than likely that they are protected by the Transfer of Undertakings (Protection of Employment) regulations, also known as TUPE. This means that if you’re selling your business, you must act in compliance with TUPE’s...
How To Vary An Employment Contract
There are different steps to be taken when changing the terms of an employment contract, depending on whether the changes are being proposed by the employer or the employee, and depending on the nature of the changes. First, obtain the employee’s written consent by...
Essential Legal Tips For Every Start-up Business
Launching a start-up business is more than coming up with a great business idea, and it can be daunting to tackle all the legal requirements for your new company. That’s why we’re sharing a few key tips for every soon-to-be start-up founder, to set you and your...
Everything You Need To Know About Independent Legal Advice
The term Independent Legal Advice (‘ILA’) is unbiased and unprejudiced advice given by a solicitor who is not in any way connected to the parties involved in a legal matter or transaction. ILA is required in order to protect the party deemed as not benefiting from the...
Six Things Your Solicitor Can Teach You About Business
Although there is a common misconception that lawyers are only needed for drafting complex legal documents and mediating disputes, the reality is that the insight and guidance of solicitors can be more important for your business than you think. The right legal advice...
Do I Need A Privacy Policy On My Website?
To comply with the Data Protection Act 2018 and the EU e-Privacy Directive 2011 (also known as the Cookie Law), you must include a privacy policy on your website if it is based in the EU or targeting EU users, and you must obtain ‘informed consent’ from your website’s...
Non-Compete Clauses – Can You Rely On Your Contract?
A non-compete clause is intended to protect the business interests of employers or franchisors by preventing the other contracting party from taking and using their trade secrets, customer information, business relationships, or any other information that may be...
What To Remember When Buying A Dental Practice
Due diligence is of paramount importance when buying any business, but when purchasing a dental practice, there are various additional factors that come into play. Examining each of the elements discussed below will help you determine the true value of a practice,...
Everything You Need To Know About Independent Legal Advice
The term Independent Legal Advice (‘ILA’) is unbiased and unprejudiced advice given by a solicitor who is not in any way connected to the parties involved in a legal matter or transaction. ILA is required in order to protect the party deemed as not benefiting from the...
Independent Legal Advice – Common Questions About Your Obligations: Asked and Answered
The term Independent Legal Advice (‘ILA’) is unbiased and unprejudiced advice given by a solicitor who is not in any way connected to the parties involved in a legal matter or transaction. ILA is required in order to protect the party deemed as not benefiting from the...
Employee-Friendly Settlement Agreement FAQ
1. What is a Settlement Agreement? A Settlement Agreement is a legally binding agreement between you and your employer. The purpose is to resolve a dispute between you and your employer; however, a Settlement Agreement is usually entered into on termination of your...
What Legal Documents Do I Need When Starting A Business?
There are lots of crucial nitty-gritty elements to starting your business, including key legal documents which could help you avoid pitfalls in the long run, from customer disputes to employee claims and the illegal disclosure of your company’s confidential...
What Are The Consequences Of Not Obtaining Independent Legal Advice
The term Independent Legal Advice is unbiased and unprejudiced advice given by a solicitor who is not in any way connected to the parties involved in a legal matter or transaction. Independent Legal Advice is required in order to protect the party deemed as not...
CQC Applications
I am a first-time buyer, what CQC applications will I need to have in place to facilitate my dental practice purchase? The CQC application is onerous and will require a substantial amount of preparation prior to submission. The first application is the primary one and...
What is Insolvency and Restructuring: UK Law
Insolvency and restructuring are covered by comprehensive but complex legislation in the UK. Below are some of the most commonly asked questions about how this area of law works in practice within the UK. What is the legal definition of insolvency? There are a number...
