When dealing with part-time workers it is important to be aware of your legal obligations. Our Your Responsibilities guide will tell you the basics and reading the following page will help too. It is vital that you treat your part time workers fairly. By law, you have to treat them the same way you do your full-time workers. Part time workers rights include the following: A pay rate that is equal to your other employees Full access to maternity and sick pay The right to join the occupational pension scheme The right to be selected for redundancy The right to…
The term ‘distance selling’ covers selling goods and services by mail order, online, via the phone or on digital TV. For this kind of business, two types of consumer laws need to be adhered to: Regular consumer protection laws that apply to those who sell goods to private consumers rather than just to other businesses. These laws have to be adhered to no matter what method is used to sell and deliver the goods and services. For more guidance about this set of laws, see our Sale of Goods and Services section. Consumer protection laws that only apply to goods…
It is important to understand the basics of what a contract is and how to create one if you want to: Avoid unintentionally creating a contract that is not legally binding Create contracts that are legally binding In order for a contract to be legally binding there must be: An offer made by one of the parties Consideration of the offer Acceptance of that offer by the other party The intention to create a legal relationship There is a more detailed explanation of the key elements of a contract available in our Commercial Contracts – essential elements, section. Reading the…
Practical guidance on submitting applications to the European Court of Human Rights. Bringing an application to Strasbourg is not an easy one to navigate, and you may need help. Often procedural mistakes are made which will prevent the court from even considering an application. However, even where this is not the case, a poorly presented application will not do justice to an applicant’s complaints and a failure to follow the correct procedures will result in increased delay. To apply, or not to apply This means answering the following questions: A •Is the applicant a victim of the alleged violation? B…
This article first appeared in the solicitors Journal on 5th November 2013 and is reproduced with their kind permission Magnus Hassett looks at the forthcoming changes to the rules on recovery of commercial rent arrears, the introduction of a period of temporary rates relief for empty new build commercial property, and HMRC’s recent clarification of last year’s VAT changes, affecting landlords who let out property for storage purposes The common law remedy of distraint for arrears of rent will finally be abolished on 6 April 2014, when the commercial rent arrears recovery procedure, originally proposed by the Tribunal Courts and…
Any business that trades overseas has to take account of international rules and regulations. They also have to deal with many practical and financial issues that are unique to those specific countries. The following two types of trade are categorised as international trading: The situation where the supplier and customer are located in different countries Where goods or services are exchanged or traded across one or more international borders To find out more about trading internationally read our Basic Considerations – International Trading guide. You can also get more tailored advice by speaking to a Hylton Potts legal advisor on…
Most people who have negotiated a goods or services contract will have come across the terms indemnity, guarantee and warranty. They are a part of practically every contract. Many assume that all warranties, indemnities and guarantees are the same. In reality, this is far from the case. Before signing any contract, it is important to understand exactly what your legal obligations will be. You also need to know how any guarantee, indemnity or warranty will be enforced. The same is true if a third party is giving you a guarantee, warranty or indemnity. You need to understand the terms of…
this article first appeared in the solicitors Journal on 12 November 2013 and is reproduced with their kind permission The courts are directors’ liability, say Denise Fawcett Many directors take on this role without a clear understanding of what it entails in terms of duties to be performed and liabilities if they are not. Other directors, knowing that this liability exists, may seek to avoid this risk in a number of ways. The courts have had the opportunity to consider this issue in two significant cases. The Companies Act 2006 codified common law duties of directors of a company in…
This article was first published in the solicitors Journal on 12 November 2013 and is reproduced with their kind permission Think carefully before deciding to resist an order on the basis of illegality, says Sophie Purkis Recent Court of Appeal decisions have reinforced the need to consider carefully the require-ments for a defendant to rely on the claimant’s unlawful conduct as a defence in tort, contract and property claims. In Gelley & Ors v Shepherd & Anor [2013] EWCA Civ 1172 the court reviewed the circum-stances in which it will give effect to a foreign judgment tainted by fraud. Under…
Child contact centres (CCC’s) are a lifeline for families. Often they are the only solution for children to maintain a relationship with a parent where concerns have been raised about that individual’s parenting capabilities. CCCs provide a vital, neutral territory where children can be gradually reintroduced to a parent after a long period of absence; where there are safeguarding concerns; or where there has been a complete breakdown of trust between adults. Their value and contribution to local communities must be recognised. As lawyers in the family justice system, we have come to accept that it may take several…
