Charging interest on late payments can be a useful way of getting your customers to pay you promptly, and also means that if they pay you late you do not lose out. There are two ways in which you can charge interest on a late payment: statutory interest – the Late Payment of Commercial Debts (Interest) Act 1998 (as amended by the Late Payment of Commercial Debts Regulations 2013 and the Late Payment of Commercial Debts (No 2) Regulations 2013) (the Act) gives a supplier the right to claim interest from a customer who fails to pay their bills on…
Question – “I, perhaps somewhat foolishly, continued to claim tax credits a few years ago whilst running a self-employed business from home when I was struggling a bit financially. At the time it was the only way I could keep the business afloat. Now I have the tax credits department on my back trying to reclaim the money from me – around £5,000 which is 3 years’ worth of claims. However, as I had a delayed self-assessment form dating back through this time, I thought that this figure could be wiped away – if not money even could be owed…
I just sacked someone. We had a conversation before that, in a pub where it seemed his departure was a mutual agreement. He took a few weeks off to consider the offer. However, he is now taking my company to an employment tribunal, claiming unfair dismissal. Can he use this conversation as evidence? The conversation may well be confidential and excluded from use in the employment tribunal. There is a law designed to prevent such “settlement conversations” being referred to as evidence. The law provides that offers made after that date, by an employer, to end the employment relationship on…
I own the 50 per cent of a company with my sister. She has been barred from being a director. This has impacted badly on the company. Can I force her to hand over her shares to me? Disqualifications are made where the conduct of a director has fallen below the standard expected of a competent director. Unless there is a provision in the company’s articles requiring a shareholder to be a director, there is no impediment to the shares being transferred. Owning shares gives the shareholder the right to vote at meetings, but this would not constitute management of…
A more aggressive stance by HMRC is leading to more tax credit debt being pursued in the courts. The courts sometimes may not realise that tax credit debt should be treated differently to ordinary tax debt. The production by HMRC of a certificate of debt is not conclusive that a tax credit debt is due and unpaid, and the tax credit claimant may be able to use that to their advantage. In recent years HMRC have been taking increasing numbers of tax credit claimants with overpayments to court to collect the alleged debt. Evidently in some cases claimants have not…
Question – “I’m a bit concerned about a tax credits issue I am having currently. The tax office overpaid the amount of tax credits that myself and my ex-partner were due to receive and are now trying to reclaim this back with legal proceedings brought against us. The thing is, as my partner and I are no longer together, it’s been difficult trying to sort out who is responsible for paying this back. I have stated to the tax office on more than one occasion that, whilst I am absolutely willing to pay back my fair share, I cannot afford,…
I set up a company business a few years ago and have recently lost members of staff who took clients with them. As the business evolves, I am aware there will be a higher staff turnover. Can I issue restrictive covenants to staff to control what they do after leaving and stop them taking clients with them? It is tempting to draft restrictions broadly to capture every possible detrimental situation, but covenants must only go as far as necessary to protect legitimate business interests. If you go into heavy they are not enforceable You need to consider the geographical…
One of my staff wants to cut her work from five days to three, and to work flexibly to help care for her young child. She plays a crucial role in bringing and I am concerned that my business will suffer. Must I agree to her request? If not, must I give her redundancy pay? Your sales manager does not have a right to work flexibly or part time. She can request it and that request should be considered properly in line with the statutory framework which sets out a timeframe for meetings, written decisions and the appeals process.…
I run three restaurants in the City with a distinctive, witty design, based on a well-known politician, a major attraction for our customers. A few weeks ago a friend returned from in Russia and told me she saw a restaurant there with a copycat exterior and interior design. Therefore really taken all our ideas and nicked them, which makes me very cross. Can we sue them? Infringement of intellectual property rights is possible in Russia. You should file an action in a Russian court. Even if you manage to sue them in the UK, the judgment would not be…
The number of couples citing adultery as grounds for divorce has halved over the past 40 years, with unreasonable behaviour now the most common reason for a split. Experts say the shift reflects a change in attitudes towards divorce, with the public seeing it as a sad but ultimately unremarkable event. The real reason, however, is it is much easier to get a divorce on the grounds of unreasonable behaviour than adultery. There is no need to name a 3rd party, and it saves time and costs. Citing adultery still requires proof and if the accused party does not admit…
