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Your website and the law

This factsheet outlines legal issues affecting your website – particularly on a launch or relaunch of your site.

 

Your marketing database and the law

Ensure your marketing database operates within data protection laws.

 

Your email marketing and anti-spam law

All businesses that keep any information on living and identifiable people must comply with the Data Protection Act.

 

Workers health information and data protection law

You need to know that your employees are in good health. You would like them to be happy, no doubt. So what health information can you collect and what can you use it for while still respecting their right to privacy?

 

Valuing your business

This factsheet explains the different methods of valuing your business and what you can do to make your business as valuable as possible.

 

Types of venture capital investment

The main types of investment made by a venture capitalist firm or business angel are...

 

The working time regulations working hours

How the working time regulations affect your business and how to operate within the law.

 

The national minimum wage

National Minimum Wage rates, who you have to pay it to, exceptions, record keeping and how to calculate it.

 

The information and consultation of employees regulations (ice) 2004

When the ICE rules apply and what they mean for your business.

 

The freedom of information act and your trade secrets

Public bodies now have to release information they hold on you – even to your competitors – unless exemptions apply. These tips will make sure nothing confidential gets into the public domain inadvertently.

 

Tenants responsibilities for repairs and maintenance

If you lease business premises, you need to understand your responsibilities for maintenance and repairs.

 

Shareholder agreements

Who needs a shareholders’ agreement?

 

Setting up a grievance procedure

Ensure you have a written grievance procedure, follow the ACAS code of practice and what not to do.

 

Setting up a disciplinary procedure

Ensure your disciplinary procedure is fair, follow the ACAS code of practice and what not to do.

 

Securing your premises

Find out what advice the local police can offer on premises design, security measures, and local problems to look out for.

 

Resolving commercial disputes

This checklist gives you clear advice on how best to resolve a commercial dispute.

 

Registering trade marks

How to apply for a trade mark, when you might need to, the criteria for registering and costs and timescales.

 

Protecting your intellectual property

Protect your businesses intellectual property with information on design rights, trade marks, patents and copyright.

 

Planning your exit from your business

Many owner-managers put in a lifetime of hard work building their business only to throw away some of the rewards by failing to consider properly how they will exit from the business - both financially and as a manager.

 

Paid holidays rest periods and entitlement to time off

Work out holiday entitlement for your employees, when they can and can’t take it and calculating holiday pay.

 

Overseas customers getting paid

Selling to overseas customers can be good for growth, but 84 per cent of businesses are put off by serious fears they will end up with bad debts.

 

Obtaining venture capital

Venture capital firms (‘VCs’) provide financing in return for a proportion of your shares. They take a higher risk than banks, so they expect to receive higher returns.

 

New director induction

This checklist highlights the key information new directors need to help them understand their obligations and fulfil their responsibilities.

 

Negotiating an agreement to host your website

Considerations when setting up a hosting agreement and potential legal pitfalls to avoid.

 

Moving premises

When moving premises, Start planning well in advance – at least six months before the move if possible.

 

Matters to include in your disciplinary procedure

Ensure your disciplinary procedure is fair, follow the ACAS code of practice and what not to do.

 

Maternity and paternity

The essential information you need to know about the maternity and paternity rights of your employees.

 

Making redundancies

Decide if redundancy is your only option and how to make the process fair, consistent and legal.

 

Keeping lone workers safe

Safeguard your employees who work alone, for legal compliance and an easy conscience. Here are steps to take to keep them safe, and keep you legal.

 

Introducing an incentive pay scheme

Employee benefits and employee share schemes can be useful additions to remuneration packages.

 

Insuring your business

This checklist will help you plan what insurance cover you need.

 

Induction of new employees

Welcoming a new recruit, planning their induction training, prioritising essentials such as health and safety.

 

Indemnifying directors against legal liabilities and costs

The duties of company directors have, until recently, been defined by case law. Under the Companies Act 2006 they have now been set out in a single statement.

 

Holding a disciplinary hearing

Remain consistent, objective and fair when holding a disciplinary hearing and reach a satisfactory resolution.

 

Health and safety for employees working with a computer

Include computer workstations and employees who work with computers in your overall health and safety risk assessment process.

 

Giving references

Understand your rights and obligations when providing references so you stay safe but fair.

 

Getting your goods back if you arent paid

Set up a system to track outstanding invoices; start chasing as soon as an invoice becomes due for payment.

 

Getting paid: trading terms

Most businesses experience some problems getting paid on time by their customers. Good credit control helps to prevent this becoming a serious problem.

 

Getting out of a lease

Your rent is too high and there’s a great opportunity to move to perfect premises but you need to get out of your existing lease...

 

Forming a business

Key considerations and legal requirements when forming a business.

 

Floating your company

Floating your company can be one of the most exciting experiences in your business life. But it can also be stressful, time consuming and expensive.

 

Flexible working for parents and parental care leave

Your obligations to offer flexible working and parental care leave if requested and handling abuse of the system.

 

Employment contracts

How to write a contract so it is clear, contains all the necessary information and complies with the law.

 

Employing family members

Employing your family in the business can create tensions. This factsheet is to help you predict and cater for them, for family and workplace harmony.

 

Distance selling

If your business sells to individual consumers at a distance – for example, by mail order, the internet, email, fax or over the telephone – you must comply with the Distance Selling Regulations. These regulations do not apply to sales to businesses.

 

Dismissing employees

Always take advice before dismissing employees. They could bring any one – or any combination – of the following three claims against you if you handle the dismissal badly.

 

Dismissals - dealing with common situations

Examples of common reasons you might consider dismissing an employee.

 

Dealing with employment tribunal claims

Understand how employment tribunals operate, defending a case and preventing disputes arising.

 

Dealing with boardroom and shareholder disputes

How to minimise the prospect of a dispute and what to do if they arise.

 

Dealing with an agent

An agent is someone who acts on your behalf to negotiate sales of your products or services, and can bind you legally.

 

Dealing with a web designer

Work with a web designer to produce your website and avoid legal problems.

 

Dealing with a distributor

A distributor is a customer of yours. The distributor then sells the product on to its own customers.

 

Commonhold takes hold

A way of owning property introduced in 2004 means developers and lenders can now set up and finance ‘commonhold’ schemes in new developments, retail and business parks.

 

Collecting debts

Set up a system to track outstanding invoices; start chasing as soon as an invoice becomes due for payment.

 

Claiming statutory interest on your debts

Many businesses lose out because they don’t know, or don’t understand, their statutory right to charge interest if debts are paid late.

 

Circumstances when a dismissal is automatically unfair

There will automatically be a finding of unfair dismissal against you, if you sack an employee for these reasons.

 

Agent or distributor?

Whether an agent or a distributor is better for you depends on the circumstances and what you are trying to achieve.

 
Solicitors Newsletter: Preston and Lancashire
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