Raworths LLP
Age Discrimination and Retirement Age Discrimination and Retirement

Legal Articles

Feb 18

Age Discrimination and Retirement

Since the abolition of the Default Retirement Age (DRA) in 2011, it is not permissible for an employer to dismiss an older worker on the ground of retirement unless this...

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Aug 17

Removing or Modifying Covenants Over Land

  Covenants over property are a potential nightmare for developers but fortunately there are circumstances in which a covenant can be removed. If the beneficiaries of the covenant for which removal is...

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Aug 17

SIPPs and Your Business Property

The Self-Invested Personal Pension (SIPP) was introduced in order to give people far more control over how their pension pots are invested and have proven to be very popular with...

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Aug 17

Small Pension Pots Planning Possibilities

People aged over 55 who have only a small (less than £30,000) pension pot in a defined benefit (final salary) scheme or in some instances in a defined contribution scheme...

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Sep 16

Changes to Company Reporting Requirements

The annual return, a fixture of the company reporting cycle for decades, is being replaced by a simpler 'confirmation statement'. The main impact of the change is that the confirmation statement...

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Sep 16

Consumer Protection Regulations

Businesses that deal with the public are reminded that legislation will come into effect soon to give consumers better protection under the law than they currently have. The Consumer Rights Act...

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Jan 16

Consumer Rights Update

Businesses that deal with members of the public are reminded that the Consumer Rights Act 2015, which received the Royal Assent on 26 March, becomes law on 1 October 2015....

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Dec 15

It Wasn't in the Contract

A common problem in contract disputes is that matters that create disagreement are sometimes not referred to specifically in the contract. However, as well as the express terms of a...

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Dec 15

Tax Free Perks

The Government has continuously sought to limit the tax free perks that businesses can provide for their employees. However, there are some remaining. Here is an update on some of...

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Dec 15

Compensation for Loss of Light

Following a recent case in which a dispute regarding a property owner’s right to light was unexpectedly dealt with by the granting of an injunction against a developer, a more...

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Dec 15

Investing in Small Businesses and Start-Ups -The EIS and SEIS SChemes

  The Enterprise Investment Scheme (EIS) and the Seed Enterprise Investment Scheme (SEIS) are popular vehicles for investment in small or start-up businesses.   Both are attractive because the tax advantages for 'qualifying...

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Dec 15

Enforcing Copyright – The Basics

Copyright is a right that exists as soon as you create the copyright material. You do not have to apply for it. There are some exceptions to copyright, but unless...

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Dec 15

Nuisance Calls and Texts Law

  Since 6 April 2015, changes to the law have given the Information Commissioner's Office (ICO) enhanced powers to take action against companies making nuisance marketing calls and sending spam messages.   Previously,...

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Dec 15

Taking a Franchise – the Basics

There are many potential benefits of buying a franchise, such as having access to well-established business and accounting systems, centralised marketing and a proven business model. Being part of a...

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Dec 15

Franchising Your Business – the Basics

If you have been running a successful business for a period of time, you may be considering expansion. One of the options available is to start a franchise. When it...

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Dec 15

Financial Fraud – What Not to Do!

With recent surveys showing that instances of employee fraud are still on the increase, and HMRC showing regrettable lack of ability to safeguard personal data, eliminating poor security practices which make...

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Dec 15

Company Formation Checklist

You may have come across advertisements which make forming a company sound very easy, but before you go ahead there are some serious issues to think through. If you have...

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Dec 15

Consumer Protection Regulations – 2015

Businesses that deal with the public are reminded that legislation will come into effect soon to give consumers better protection under the law than they currently have. The Consumer Rights Act...

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Dec 15

Company Name Rules

You cannot incorporate a company using any name you like. Some names are prohibited (for example, those which suggest a connection with the Government or the Crown) and names will...

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Dec 15

Companies Act 2006 Overview and Company Information

The Companies Act 2006 became fully effective from October 1st 2009. It is the principal source of law relating to the conduct of companies incorporated in England and Wales. Companies House...

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Dec 15

Bank Deposit Protection Rules for Businesses : Guide

The levels of protection available for different investments underwritten by the Financial Services Compensation Scheme (FSCS). The FSCS protects the deposits of small companies, which are those which meet two of...

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Jul 15

Settlement Agreements

Following changes made by the Enterprise and Regulatory Reform Act 2013, compromise agreements were renamed ‘settlement agreements’ and new provisions (Section 111A) were inserted into the Employment Rights Act 1996...

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Jul 15

The Corporate Manslaughter Act

The Corporate Manslaughter and Corporate Homicide Act 2007 established a new statutory offence of corporate manslaughter (corporate culpable homicide in Scotland). An organisation is guilty of the offence if the way...

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Jul 15

Dealing with Employee Absence

Employee absences can be both costly and disruptive. It is advisable to have systems in place to measure and analyse these costs so that you can identify problem areas. Are...

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Jul 15

Tenancy Deposit Protection Schemes – Rules

If you are a landlord it is vital that you are aware of the requirement that all deposits taken by landlords and letting agents for Assured Shorthold Tenancies (AST) in...

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Jul 15

Rent Arrears Protocol

Where a  landlord wishes to gain possession of a property occupied by a tenant under a secure tenancy, where possession is sought on the grounds of arrears of rent. specific...

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Jul 15

Landlords – Dealing With Pre-Pack Tenants

Businesses in financial difficulties are increasingly seeking ways of ridding themselves of extra costs and, in many cases, premises let in more promising economic times are viewed as a substantial...

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Jul 15

VAT – Place of Supply of Services

With different rates of value-added tax (VAT) applying throughout Europe, the place that a supply is made (and hence the VAT rate which is applicable) can be a very important...

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Jul 15

Guide to IHT and Small Business

Inheritance Tax (IHT) is payable on a deceased person’s estate (exclusing their principal private residence for whaih an extra allowance is available) at 40 per cent above £325,000 (2014/15) – the...

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Jul 15

Employed or Self-Employed?

Whether you are employed or self-employed makes a substantial difference to how you are taxed and the income tax liabilities of an employed person can be very different from those...

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Jul 15

The Eight Data Protection Principles

Anyone processing personal data must comply with the eight enforceable principles of good practice. Here is a checklist. Data must be: fairly and lawfully processed; processed for limited purposes; adequate, relevant...

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Jul 15

Patent Searches Improved

Checking for existing patents in force is easy (and free) if you use the UK Intellectual Property Office's (UKIPO) patent databases which are accessible online. The new databases replace the...

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Jul 15

Money Laundering Regulations

Money laundering is the process by which criminals turn their 'dirty' income – which is usually earned in cash – into 'clean' money, by undertaking transactions which hide the original...

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Jul 15

Limited Liability Partnerships: Procedures and Guide

Limited liability partnerships (LLPs) were first introduced in April 2001 and are becoming an increasingly popular way of structuring a business, especially with professional practices. The big advantage of the LLP...

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Jul 15

Assured Shorthold Tenancy Rules 2015

Landlords with tenants who occupy their premises under assured shorthold tenancies will be affected by changes introduced by the Deregulation Act 2015, which received the Royal Assent in March 2015....

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Jul 15

Insolvency Changes

 Changes to the legislation on insolvency contained in the recently enacted Small Business, Enterprise and Employment Act 2015 may affect directors of companies that become insolvent.  The changes, which will be...

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Jul 15

Relaxed Change of Use Regulations Now in Force

Changes to planning law that came into effect on 15 April 2015 will make it easier for several types of business to change the use of their premises as the...

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Mar 15

Dealing With Subject Access Requests

Many businesses regard the Data Protection Act 1998 as something that merely requires a lot of form filling and the payment of fees, but there is a lot more to...

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Mar 15

VAT on Electronic Services: New Rules

  If you supply electronic products (telecommunications, broadcasting and e-services) to non-business customers through online sales, you should start thinking about how you will comply with the new VAT 'place of...

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Mar 15

VAT on Business Assets With Private Use

It is very commom for a smaller business to have assets which have been acquired which are used for both business and private use. Traditionally, this could be dealt with...

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Mar 15

Tax Avoidance Disclosure Rules

UK tax law is almost unique in that it contains regulations which require professionals to advise HM Revenue and Customs (HMRC) of information regarding tax avoidance schemes (TAS). Failure to...

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Mar 15

How to Reclaim Foreign VAT

It is commonly thought that within the EU, recovering VAT on expenditure made whilst abroad is merely a matter of calculating the VAT at the applicable rate and claiming it...

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Mar 15

Data Protection Guidance for Landlords

The Information Commissioner's best practice guide for landlords - written to to assist them in complying with the Data Protection Act can be downloaded from the Information Commissioner’s website. The...

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Mar 15

ICO 'Must Do' Data Protection Guide

  The Information Commissioner's Office (ICO) has published a guide to protecting personal data, ' which it describes as outlining the procedures organisations must follow to ensure data security. In the wake...

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Mar 15

Your Home Office – The Legalities

If you run your own business, working from home, there are legal ramifications which need to be considered. There are few regulations that apply to 'normal' businesses that do not apply...

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Mar 15

Outsourcing the Processing of Personal Information – Guidance

The Information Commissioner’s Office offers guidance for smaller businesses on how to comply with the Data Protection Act 1998 (DPA) when you outsource the processing of personal information, such as your...

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Mar 15

Cookie Law

The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 require consent to be obtained for the use of cookies and similar technologies for storing information, and accessing information stored, on...

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Mar 15

New Contract, New Danger

Every business needs customers, but every customer, especially a new one, represents a risk to your business. It is a very serious issue but there are many things you can...

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Mar 15

VAT and Electronic Goods – Take Care

In order to combat ‘missing trader’ fraud, which is estimated to have cost the Exchequer hundreds of millions of pounds, HM Revenue and Customs (HMRC) have introduced measures which can,...

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Mar 15

Guide to the Technology and Construction Court

The Technology and Construction Court (TCC) has issued updated guidance to assist those engaged in litigation bound for the TCC. This takes into account developments in case law and regulatory changes...

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Nov 14

Who Pays the Rates?

When a company that is the tenant of a property goes into liquidation, it is normal for the liquidator to disclaim the lease on the premises. Business rates must be paid...

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Nov 14

Mixed Premises – Legal Status

Living ‘above the shop’ is quite common in the small business sector and where the premises are rented, the lease will cover both the business and residential parts of the...

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Nov 14

Contractors Are Your Responsibility

A handbook produced by the Health and Safety Executive (HSE) outlines the responsibilities of both the contractor and the client in situations in which work is carried out by contractors rather...

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Jul 14

When Green is Brown (and Vice Versa)

Development in rural areas presents a number of challenges for planning teams and developers alike. Whilst planning policy is clear that previously developed (i.e. 'brown') land is to be used...

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Jul 14

The Duty to Manage Asbestos – HSE Guidance

According to statistics provided by the Health and Safety Executive (HSE), asbestos is the single greatest cause of work-related deaths in the UK. Every year 1,000 people who have been...

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Jul 14

Termination of Leases – Tips for Tenants

Break clauses in commercial leases have probably received more attention from tenants in the last year or so than at any time since the early 1990s. For tenants seeking to...

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Jul 14

Termination of Leases – Tips for Landlords

When tenants seek to vacate premises, reduce the size of their premises or renegotiate their leases, problems can be created for landlords. Here are some tips for landlords to help deal...

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Jul 14

Registering a Trade Mark

Your business has its own unique brand and reputation and it is vital in a competitive marketplace to ensure that these are protected from unscrupulous third parties. Some business owners do...

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Jul 14

Intellectual Property: Who Owns It?

One of the biggest sources of disputes in industries based on innovation is a difference of opinion about who owns the intellectual property (IP) created in terms of designs, software,...

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Jul 14

Protecting Your Design Rights

Protecting intellectual property has always been a complex area of law, but in one specific area things may be getting clearer. The Registered Designs Regulations 2001 include several protections for...

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