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Latest Q & A

Bad director

What can I do when a director has become hostile and is not acting in the best interests of the business?

Legal ownership

I have a business in my name but my partner invested capital. We have now separated and never married. Who legally owns the business?

Partnership or limited company

What are the advantages to a limited company or partnership?

Trade marks

How do I protect a trade mark?

Smoking breaks

I am a care worker and do 24-hour shifts with any breaks spent with the clients. My employer has imposed a no-smoking policy and employees are not allowed to smoke on the premises – although the clients are. What are my rights?

Alleged theft

I’ve been informed that the manager I employ to look after my shop has been stealing. These thefts coincide with periods when I was abroad and the manager had sole access to the premises. What should I do next?

Return of company property

An employee has left the business and refuses to return a company laptop. How can we recover it?

Holiday pay

I’ve been laid off, am I still entitled to my accrued holiday pay?

Terms and conditions

I’m self-employed and have recently worked for a company that gave me use of its van. While unattended it was scratched and now the company is holding back payment of an invoice so that it can charge me for the repair. Can they do this?

Website legalities

Do I need terms and conditions on my website?

Employment law for small businesses

If we need to reduce employee hours do we need to change the contracts?

Raising finance to buy out a director

Can you advise the most tax-efficient way to raise finance of around £180k to purchase a retiring director’s shares in a private limited company?

Redundancy of TUPE Staff

I took on an employee under TUPE in April 08 but work has since dropped off. Can I legally make him redundant?

Permanent contract entitlement

I've been self-employed for four years with one company. I work there full-time, but am the only freelancer in the department and have no contract. What are my rights to a permanent contract?

Wage Deduction

If someone is negligent under your employment, are you entitled to take the damages incurred out of that person's wages?

Redundancy

I'm being made redundant and have five days holiday left for Christmas. Will I get this in pay when I leave?

Interest on outstanding invoices

my husband is a sole trader and subcontracts from a big company, we have outstanding invoices (some as old as over 300 days) can we charge interest on them until they are paid? and how can we get them to pay?

 Another business is using my name

Another business in the same trade as me is using my business name. Is there anything I can do?

Theft of product & money

I’m worried that an employee is stealing money and products. Can I just fire them based on my inventories?

17 year old starting up a business

I’m a 17-year-old website designer and want to know if I need to register as self-employed. If so, do I need a business bank account or can I use a standard one?

Financial difficulties

 I’m experiencing financial difficulties. As a sole trader can I go into administration?

Discrimination at work because of illness

I was off work after a serious illness.  When I returned I found my colleague had been given the promotion and the salary increase I was promised. Unlike me, she does not have the appropriate training for the role. Is there anything I can do?

Redundancy holiday pay vs taking holiday

One of our staff accepted voluntary redundancy. Notice period is up to 23rd December 2008. She has around 5 weeks of holiday due and we would like her to take this holiday during her notice period. Can we do this?

Protecting information from subcontractors

I need to subcontract some of my work. How do I protect confidential information supplied to my subcontractors so they don’t set up in competition with me?

Setting up a business abroad.

How do I go about setting up a business abroad? I wish to use a bank outside the UK to hold the account: should I get legal representaion here or there?

Disability discrimination

I have just been told I have Chronic Fatigue Syndrome and my line manager is making my life very difficult. My GP has requested lighter duties but the line manager feels that if you can’t do all of your job you should lose it. He has mentioned redundancy. Can he do this?

Staff access to employment records

Does an employee have a right to access their employment record as updated by their employer?

Paying staff for bank holidays

I am opening a new business, with regards to bank holidays, do I have to pay my staff holiday pay for them?

Using a former company's name

A local limited company closed down last year. It was the name of the town and the trade, e.g. Kent Flowers. I would now like to use this name as a sole trader. Would this be allowed?

The importance of contracts

I have worked for company for five years now and still have no contract of employment. Should I have one? What problems might myself and my employer encounter if I don’t?

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