Viewing: Legal Updates
BWB regular legal updates, newsletters and bulletins
In this week's briefing: The British Academy launched its Future of the Corporation report. The Information Commissioner’s Office has published two new sets of guidance on encryption and passwords. The Department for Education has published updated statutory guidance on making significant changes to maintained schools. The Fraud Advisory Panel has published “An introduction to moving money safely”. The Financial Conduct Authority have opened up a debate on fair pricing in financial services.
Bates Wells' Corporate and Banking teams have acted for ReSolve on its investment into The Debt Advisor Limited >
ReSolve is a business advisory investment house, providing advice and capital to businesses facing changing circumstances and The Debt Advisor specialises in “doing the right thing” for debt management.
Following the resignation of Tracey Crouch as Minister for Civil Society, Social Enterprise UK (SEUK) have issued a call to action asking the Prime Minister to create a dedicated Minister for Social Enterprise and Inclusive Economy in the Department for Business, Energy and Industrial Strategy (BEIS).
In this week's Briefing: The Budget included several welcome tax announcements for charities. Over 80 sector organisations have joined together to form the Brexit Civil Society Alliance. The Information Commissioner’s Office has issued the maximum possible fine of £500,000 to Facebook for failing to protect users’ personal information. Over 120 organisations have co-signed a letter to the Prime Minister about a crisis in children’s services. The Care Quality Commission has published a consultation on the fees that it proposes to charge providers in 2019/20.
Charity Fraud Awareness Week gave us all a lot to think about. One area that charities should not overlook is legacy fraud. We all know that legacies are a vital source of income for charities, and last year saw legacy income at a record high.
A useful guide to dismissals, disciplinaries and capability, examining the relevant legislation, the duties of the employer, and the rights of the employee.
There are times when an organisation may need to undertake a reorganisation for the needs of the business or may need to reduce staffing levels.
Most employers wish to protect their confidential information, customer and client details or other information about their business, especially with departing employees. One of the ways to do this is for employers to insert clauses into contracts of employment, usually for senior employees or those with unfettered access to such information, which seek to restrict the conduct and activities of that individual after the termination of their employment.
The employment relationship may end for a variety of reasons. Some terminations are highly contentious and the process may entail a period of intense negotiation.
An individual can be an employee, a worker, a volunteer or self-employed. This status will determine the rights and responsibilities that individuals and organisations owe each other in the working relationship.
The Working Time Regulations 1998 (“WTR”) provide some important rights for all workers in the UK (apart from the genuinely self-employed who are working on a business-client basis, and certain narrow categories of workers who are exempt from some provisions).
Disputes between directors, shareholders and business partners can raise a whole range of legal issues. William Garnett outlines the issues that may arise.
In light of the increased remuneration and seniority it is common that executive service agreements will contain a significantly greater number of contractual terms than a standard contract of employment. William Garnett outlines the issues that will be of significant importance.
There are a number of different types of partnerships recognised in English law, including Partnerships at will and Partnerships that fall under the Partnership Act 1890, but the most frequently created are Limited Liability Partnerships (“LLPs”).
Increasingly staff employed by entities in the UK work overseas. Where this happens, it is important to note that the statutory employment rules in the country where the employee works will be likely to apply and bind the UK based entity. These will often be different to those applicable in the UK and could be more onerous. Paul Seath outlines factors to consider when employing staff outside of the UK.
All employees must have a written contract of employment, which must contain certain minimum information. However, parties can (and should) carefully consider what other terms they want to include in their employment contracts. Whilst such terms are optional, they provide clarity and structure to the employment relationship.