Running your business
Running your business
When you are running your business, you want to be focused on the things that make you money, and not worrying about non-core functions such as legal. That being said having an understanding is key.
This section covers a number of different legal matters that might come up while you are running your business.
Hiring & Managing Employees
Invitation letter to a disciplinary appeal hearing for misconduct
What is it?
Make sure you do things right when you discipline an employee. Our employment solicitors can provide you with a disciplinary hearing letter/notice to be sent to the employee which sets out in clear and simple terms the disciplinary allegations, process to be followed, the employee's rights and potential sanctions.
Why is it important?
If you are formally disciplining an employee for misconduct, this letter ensures that you are complying with the unfair dismissal laws. It also meets the requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures. It is always best practice to give the employee a right to appeal any misconduct decision. The letter should tell the employee they must appeal in writing with their grounds of appeal. If you accept an appeal by the employee, you should respond with a letter inviting the employee to an appeal hearing for misconduct.
Risks
Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded your employee if the case went to court.
Invitation letter to an appeal hearing for misconduct
What is it?
The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process. Where an employee appeals against a disciplinary sanction, the employer should invite them to a disciplinary appeal hearing.
Why is it important?
The ACAS Code of Practice on Disciplinary and Grievance Procedures states that the employee should be given the right to appeal against any disciplinary sanction or decision.Our employment solicitors can provide you with an invitation letter to an appeal hearing that helps ensure that your processes are watertight. The invitation should include information about the employee's right to be accompanied at the appeal hearing.
Risks
Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded if the case went to court.
Disciplinary outcome letter for misconduct - warning or no action
What is it?
This is a letter that can be used to inform the employee of the outcome of the disciplinary meeting when the outcome is a warning or that no further action is to be taken by the employer.
Invitation letter to a performance appeal hearing
What is it?
This is a letter that should be used to invite an employee to a performance appeal hearing.
Invitation letter to a performance appraisal
What is it?
An appraisal is a formal process that allows you and a member of staff to assess the staff member’s performance over a period of time eg on a 6 month or 12 month basis. A detailed appraisal has a number of benefits for you and your employees.
Why is it important?
For example, it gives you the opportunity to:
1. review and provide feedback on their performance and set objectives to maximise performance.
2. It also gives the employee the opportunity to comment on their performance, suggest improvements and bring any problems to your attention.
3. It can therefore assist in motivating employees, resolution of problems and the prevention of legal disputes.
Our employment solicitors can provide you with an invitation to attend an appraisal meeting letter tailored to your specific requirements. This letter sets the date for the meeting, who will conduct the meeting and whether the member of staff needs to bring any particular documents or information to the meeting.
Contact our employment law solicitors on 01234 938089.
Poor performance outcome letter - warning or no action
What is it?
This is a letter that can be used to inform the employee of the outcome of the poor performance meeting when the outcome is a warning or no further action is to be taken.
Disciplinary procedure
What is it?
A disciplinary procedure is a formal way for an employer to deal with an employee’s unacceptable or improper behaviour (‘misconduct’) or performance (‘capability’).
Why is it important?
You should put your disciplinary procedure in writing and make it easily available to all staff. IIt should say what performance and behaviour might lead to disciplinary action and what action your employer might take.
It should also include the name of someone you can speak to if you do not agree with your employer’s disciplinary decision.
Disciplinary steps : Your disciplinary procedure should include the following steps:
-
A letter setting out the issue.
-
A meeting to discuss the issue.
-
A disciplinary decision.
-
A chance to appeal this decision.
Risks
Before starting a disciplinary procedure against a member of staff , you should first see whether the problem can be resolved in an informal way. This can often be the quickest and easiest solution.
If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.
Suspension Letter
What is it?
Dismissal letter for misconduct
What is it?
Dismissal letter for poor performance
What is it?
Gross misconduct dismissal letter
What is it?
Dismissal letter for employees without unfair dismissal rights
What is it?
Appeal letter
What is it?
This is a letter from an employee against whom a disciplinary sanction has been imposed appealing against the dismissal.
If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.
HR Policies
Communications and equipment policy
What is it?
Data protection and data security policy
What is it?
A data protection policy is an internal document that serves as the core of a business’s GDPR compliance practices.
It explains the GDPR’s requirements to employees and states the business’s commitment to compliance. The policy does not need to include specific details on how the business will meet the Regulation’s requirements, as these will be covered in the business’s procedures.
Why do you need a GDPR data protection policy?
-
to provide the groundwork from which your business can achieve GDPR compliance.
-
to make the GDPR understandable to your staff.
-
to prove that your business is committed to GDPR compliance.
Why is it important?
We highly recommend our clients to have the following data protection related policies :
a)Encryption policies
b)Acceptable use policies
c) Password policies
c)Email policies
d)Data-processing policies
Risks
Your business’s policies are at the heart of your business operations. They set out exactly how employees should handle certain issues, ensuring that everybody is following agreed best practices.
Effective policies are all the more important now that the Data Protection Act 2018 and the GDPR (General Data Protection Regulations) are in place. The DPA and the GDPR are not just about implementing technological and organisational measures to protect the information your business stores.
You also need to demonstrate your compliance, which is why data security policies are essential.
Employee training is vital to ensure each of these policies is maintained.
For advice and more information on Data Protection, contact your expert Data Protection solicitors at Pure Business Law.
Social media policy
Equal opportunities policy
Flexible working policy
Health and safety policy
Grievance procedure
Redundancy policy
Sickness policy
Maternity policy
Parental leave policy
Paternity policy
Shared parental leave policy
Environmental policy
Protecting your IP
Trademark (UK, EU, US, China)
-
words (eg the trademark “Nandos”) -
pictures and words (eg the Pure Business Law trademark). -
slogans (eg the Lidl strap line “Big on quality, Lidl on price”) -
colours (eg the Cadbury Dairy Milk purple as owned by Kraft ). -
sounds (eg the Match of the Day theme song played when their logo appears at the beginning of football matches) and -
Logos (eg the Mac OS logo); -
3D shapes (eg the Pepsi cola bottle shape)
Patent (Worldwide)
Should I register my invention as a patent?
-
You can prevent others using your product or process if they intend to use it for commercial purposes. -
You can profit from your patent by only permitting certain people to use it for commercial purposes and only on condition that they pay you or give you a percentage of the profits they make from using your patent.
-
The PATLIB (patent library) centre -
A Patent attorney through the Chartered Institute of Patent Attorneys at www.cipa.org.uk
IP Assignment Agreement
Registering Designs
Non-Disclosure Agreement (NDA)/Letter of confidentiality
one-way confidentiality agreement
Assignment of intellectual property
Copyright
Business Relationships
Joint Venture Agreement
Manufacturing Agreement
Memorandum of Understanding
Agency Agreement
Referral Agreement
Licensing Agreement
End User Licence Agreement
Service Level Agreement
Partnership agreement
LLP agreement
Distribution agreement
Model release letter
Sales agency agreement
Sub-contracting agreement
Franchise Agreement
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Running an online business
Letter ending a contract
- The letter contains a clear description of the reasons for the termination of the contract.
- The date of termination is mentioned.
- The letter thanks the other party for their services.
Our contract solicitors can provide you with a bespoke letter for a reasonable fixed fee that you can use to cancel a contract or agreement.
Letter assigning a contract
What is it?
Transferring a contract from one party to another is known as ‘assigning’ a contract or ‘an assignment’ of the contract. An assignment ends one party’s involvement in the contract and transfers their contractual rights, benefits and interests to a new party.
Risks
Some contracts may contain a clause prohibiting assignment; other contracts may require the other party to consent to the assignment. Unless assignment is prohibited in a contract, a party may assign their rights to third party without the consent of the other party to the agreement. A letter of assignment is used to effect the assignment and will be signed by the outgoing party and the incoming party.
Buying & Selling Goods & Services
Terms and conditions for supply of services to business customers
Terms and conditions for sale of goods to business customers
Terms and conditions for supply of services to consumers/businesses
What is it?
There are different terms and conditions for the supply of services to businesses (B2B contracts) and the supply of services to consumers(B2C contracts). When a business deals with a consumer (ie someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business) the consumer is given more legal protection than a business.
Why is it important?
Any business that is entering into a contract with a consumer must abide by a wide range of consumer law requirements such as the Consumer Rights Act 2015, the Sale of Goods Act and Supply of Goods and Services Act , the Consumer Contracts Regulations , the Misrepresentation Act and the Data Protection Act.
Risks
The T&Cs for supply of services to consumers should be used when
- You are supplying services with or without goods to customers not acting in the course of a business (i.e. consumers).
The T&Cs for supply of services to businesses should be used when
- You are supplying services with or without goods to customers acting in the course of a business (i.e. Businesses).
Consent Notices
Terms and conditions for sale of goods to consumers/businesses
What is it?
There are different terms and conditions for the sale of goods to businesses (B2B) and the sale of goods to consumers(B2C).
Why is it important?
The T&Cs for sale of goods to consumers should be used when
- You are supplying goods with or without services to customers not acting in the course of a business (i.e. consumers)
The T&Cs for sale of goods to businesses should be used when
- You are supplying goods with or without services to customers acting in the course of a business (i.e. businesses)
Terms and conditions for sale of goods to consumers via a website
Terms and conditions for supply of services to consumers via a website
Heads of terms
Letter of intent (LOI)
Invoice
Sales of goods agreements
What is it?
A Sale of Goods Agreement (sometimes called a Sales Agreement or Sales Contract) is a contract entered into between a buyer and a seller of goods for the sale and purchase of specific goods by the buyer. When you sell goods, you create a sale of goods contract.
Why is it important?
The terms in a sale of goods contract may vary depending on whether it is a sale to a consumer (i.e. a B2C contract ) or a sale to a business (i.e. a “commercial” sale or B2B contract.) A consumer is someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business. Consumers who act as the buyer in a contract for a sale of goods are given more legal protection than businesses. The legal protection is given to help the party considered to be the more vulnerable party to the contract ie the consumer as opposed to the business.
The sale of goods agreement will set out the seller and buyer’s obligations, the terms on which the seller is willing to sell and transfer the goods to the buyer, the nature of the goods to be sold, the price, payment terms, shipping and collection details, delivery time and what happens at the end of the contract.
Risks
A Sale of Goods Agreement can be made orally or in writing. However, having a well-written Sale of Goods Agreement can help protect one or both of the parties if there is a problem with the sale eg goods are late in arriving or the goods have been damaged or destroyed.
Purchase order
Services agreement
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Managing a company
Trademark (UK, EU, US, China)
-
words (eg the trademark “Nandos”) -
pictures and words (eg the Pure Business Law trademark). -
slogans (eg the Lidl strap line “Big on quality, Lidl on price”) -
colours (eg the Cadbury Dairy Milk purple as owned by Kraft ). -
sounds (eg the Match of the Day theme song played when their logo appears at the beginning of football matches) and -
Logos (eg the Mac OS logo); -
3D shapes (eg the Pepsi cola bottle shape)
Patent (Worldwide)
Should I register my invention as a patent?
-
You can prevent others using your product or process if they intend to use it for commercial purposes. -
You can profit from your patent by only permitting certain people to use it for commercial purposes and only on condition that they pay you or give you a percentage of the profits they make from using your patent.
-
The PATLIB (patent library) centre -
A Patent attorney through the Chartered Institute of Patent Attorneys at www.cipa.org.uk
IP Assignment Agreement
Registering Designs
Non-Disclosure Agreement (NDA)/Letter of confidentiality
one-way confidentiality agreement
Assignment of intellectual property
Copyright
Settlement agreements & Ref
Communications and equipment policy
What is it?
Data protection and data security policy
What is it?
A data protection policy is an internal document that serves as the core of a business’s GDPR compliance practices.
It explains the GDPR’s requirements to employees and states the business’s commitment to compliance. The policy does not need to include specific details on how the business will meet the Regulation’s requirements, as these will be covered in the business’s procedures.
Why do you need a GDPR data protection policy?
-
to provide the groundwork from which your business can achieve GDPR compliance.
-
to make the GDPR understandable to your staff.
-
to prove that your business is committed to GDPR compliance.
Why is it important?
We highly recommend our clients to have the following data protection related policies :
a)Encryption policies
b)Acceptable use policies
c) Password policies
c)Email policies
d)Data-processing policies
Risks
Your business’s policies are at the heart of your business operations. They set out exactly how employees should handle certain issues, ensuring that everybody is following agreed best practices.
Effective policies are all the more important now that the Data Protection Act 2018 and the GDPR (General Data Protection Regulations) are in place. The DPA and the GDPR are not just about implementing technological and organisational measures to protect the information your business stores.
You also need to demonstrate your compliance, which is why data security policies are essential.
Employee training is vital to ensure each of these policies is maintained.
For advice and more information on Data Protection, contact your expert Data Protection solicitors at Pure Business Law.
Social media policy
Equal opportunities policy
Flexible working policy
Health and safety policy
Grievance procedure
Redundancy policy
Sickness policy
Maternity policy
Parental leave policy
Paternity policy
Shared parental leave policy
Environmental policy
Commercial notices
Notice of breach of covenants
What is it?
This is popularly called a Section 146 Notice (it is a notice required to be served by section 146 of the Law of Property Act 1925 and relates solely to business tenants) that warns a tenant who is in breach of covenant (other than the covenant to pay rent) of the landlord’s intention to forfeit the lease on ground of the breach of covenant.
Why is it important?
“Forfeiture” is the right of the landlord to re-enter the commercial property and take back possession of the property if a covenant has been breached.
For the notice to be valid and binding the notice must specify the breach of covenant and if the breach is capable of remedy , require the tenant to remedy it and pay monetary compensation to the landlord for the breach.
A landlord can only serve such a notice if the lease contains a right to forfeit the lease (i.e. a right of re-entry). The notice must also contain certain prescribed information. If the tenant does not remedy the breach within a reasonable time the landlord can start forfeiture proceedings in the County Court.
Risks
A landlord who wants to forfeit the lease must avoid “waiving” the breach of covenant. Waiver occurs where a landlord becomes aware of a breach of the lease but does not take action against the tenant within a reasonable period or acknowledges the continuation of the lease by for example demanding rent or service charges or accepting rent payments from the tenant.
Break notice
What is it?
Break Notices are akin to options and are therefore strictly construed by the courts . From the tenant’s perspective, a properly drafted Break Clause gives them the opportunity to avoid being tied into a lease that they can no longer afford. This is a safety-net for a tenant – especially if they are just starting out.
Understandably though, a landlord who is receiving a steady rental income may be reluctant to lose a tenant, particularly in tough economic times.
Risks
Any tenant seeking to exercise the option to break the lease must check the lease carefully and ensure they follow the landlord’s “break clause conditions” to the letter. It is crucial when taking a lease that a tenant understands that the conditions of the Break Clause can easily defeat an option to break unless followed to the letter. If the conditions are not strictly followed the termination is not valid and the tenant remains a lessee until the expiry of the lease, the next break clause date or until the tenant is able to assign the lease with the landlord’s consent if there is such a provision in the lease.
A properly advised tenant should refuse any condition, other than up-to date payment of principal rent and giving up occupation.
Tenant's agreement to exclude security of tenure
What is it?
The Landlord and Tenant Act 1954 provides tenants of business premises with rights of ‘security of tenure’. This means that once a business tenant’s lease expires, the tenant has the right to request a new lease on the same terms as the previous lease (subject to agreement on terms, such as the amount of rent, any legislative updates etc), except where the landlord has a statutory ground to refuse a new lease (for instance, if the tenant has failed to pay rent or the landlord wishes to redevelop the premises).
Why is it important?
When agreeing to enter into a commercial or business lease, one of the things that will be discussed when agreeing Heads of Terms is whether your lease will be ‘protected’ with security of tenure, or ‘contracted out’ i.e. excluded’ from security of tenure. It is quite common for landlords to require that security of tenure rights are excluded from a lease. They do this by asking the prospective tenant to sign a notice in front of an independent solicitor agreeing to the exclusion of security of tenure under the lease.
Risks
This notice means that a tenant of commercial premises will not have the automatic right to request a renewal of their lease at the end of the term of the lease, leaving the landlord free to let the property to another tenant at the end of the term. This is because landlords often wish to retain strict control over the occupation of their property. If security of tenure is excluded, you the tenant, must vacate the property at the end of the lease in accordance with its terms unless you have negotiated a new lease with the landlord separately.
Landlord's notice to exclude security of tenure
Section 25 Notice
What is it?
This is a notice by the landlord under s25 of the Landlord and Tenant Act 1954.
Why is it important?
It allows the landlord to start a procedure which will end either in the tenant being granted a new lease or in the tenant vacating. This notice cannot be given before the last year of the lease terms nor after the tenant has served a request for a new tenancy under s26 of the Act.
Risks
The s25 notice must state the date on which the landlord intends to bring the existing lease to an end.
Section 26 Notice
What is it?
This is a notice given by the tenant requesting a new tenancy upon the termination of the old tenancy.
Why is it important?
The s26 request must specify the date on which the existing lease is to end.
Risks
This notice cannot be served before the last year of the agreed lease term nor can it be served after the landlord has served a s25 notice.
Licence for alterations
What is it?
This is a licence from the landlord to the tenant giving the tenant the right to carry out specific works or alterations to the property that is being let. The alterations may be major or minor.
Why is it important?
The Licence should include provisions as to the manner in which the tenant will carry out the works, timescales, reinstatement and (to the extent applicable) the Construction (Design and Management) Regulations 2015. Drawings and specifications showing the proposed works should be attached to the Licence so that it is clear what the landlord is consenting to.
If the proposed alterations are not substantial (e.g. the erection of demountable partitioning or signage) you can use a simple Letter- Licence to Alter.
Section 27 Notice
What is it?
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Letting a commercial property
Commercial lease
Home office rental agreement
Office sharing agreement
Rent deposit deed
Lease Agreement
Building works/Construction Agreement
Co-working Agreement
We help you prepare co-working agreements if you are setting up a business hub.
Sale and Purchase of Commerial Property
Invitation letter to a disciplinary appeal hearing for misconduct
What is it?
Make sure you do things right when you discipline an employee. Our employment solicitors can provide you with a disciplinary hearing letter/notice to be sent to the employee which sets out in clear and simple terms the disciplinary allegations, process to be followed, the employee's rights and potential sanctions.
Why is it important?
If you are formally disciplining an employee for misconduct, this letter ensures that you are complying with the unfair dismissal laws. It also meets the requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures. It is always best practice to give the employee a right to appeal any misconduct decision. The letter should tell the employee they must appeal in writing with their grounds of appeal. If you accept an appeal by the employee, you should respond with a letter inviting the employee to an appeal hearing for misconduct.
Risks
Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded your employee if the case went to court.
Invitation letter to an appeal hearing for misconduct
What is it?
The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process. Where an employee appeals against a disciplinary sanction, the employer should invite them to a disciplinary appeal hearing.
Why is it important?
The ACAS Code of Practice on Disciplinary and Grievance Procedures states that the employee should be given the right to appeal against any disciplinary sanction or decision.Our employment solicitors can provide you with an invitation letter to an appeal hearing that helps ensure that your processes are watertight. The invitation should include information about the employee's right to be accompanied at the appeal hearing.
Risks
Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded if the case went to court.
Disciplinary outcome letter for misconduct - warning or no action
What is it?
This is a letter that can be used to inform the employee of the outcome of the disciplinary meeting when the outcome is a warning or that no further action is to be taken by the employer.
Invitation letter to a performance appeal hearing
What is it?
This is a letter that should be used to invite an employee to a performance appeal hearing.
Invitation letter to a performance appraisal
What is it?
An appraisal is a formal process that allows you and a member of staff to assess the staff member’s performance over a period of time eg on a 6 month or 12 month basis. A detailed appraisal has a number of benefits for you and your employees.
Why is it important?
For example, it gives you the opportunity to:
1. review and provide feedback on their performance and set objectives to maximise performance.
2. It also gives the employee the opportunity to comment on their performance, suggest improvements and bring any problems to your attention.
3. It can therefore assist in motivating employees, resolution of problems and the prevention of legal disputes.
Our employment solicitors can provide you with an invitation to attend an appraisal meeting letter tailored to your specific requirements. This letter sets the date for the meeting, who will conduct the meeting and whether the member of staff needs to bring any particular documents or information to the meeting.
Contact our employment law solicitors on 01234 938089.
Poor performance outcome letter - warning or no action
What is it?
This is a letter that can be used to inform the employee of the outcome of the poor performance meeting when the outcome is a warning or no further action is to be taken.
Disciplinary procedure
What is it?
A disciplinary procedure is a formal way for an employer to deal with an employee’s unacceptable or improper behaviour (‘misconduct’) or performance (‘capability’).
Why is it important?
You should put your disciplinary procedure in writing and make it easily available to all staff. IIt should say what performance and behaviour might lead to disciplinary action and what action your employer might take.
It should also include the name of someone you can speak to if you do not agree with your employer’s disciplinary decision.
Disciplinary steps : Your disciplinary procedure should include the following steps:
-
A letter setting out the issue.
-
A meeting to discuss the issue.
-
A disciplinary decision.
-
A chance to appeal this decision.
Risks
Before starting a disciplinary procedure against a member of staff , you should first see whether the problem can be resolved in an informal way. This can often be the quickest and easiest solution.
If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.
Suspension Letter
What is it?
Dismissal letter for misconduct
What is it?
Dismissal letter for poor performance
What is it?
Gross misconduct dismissal letter
What is it?
Dismissal letter for employees without unfair dismissal rights
What is it?
Appeal letter
What is it?
This is a letter from an employee against whom a disciplinary sanction has been imposed appealing against the dismissal.
If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.
Buying & Selling a business
Terms and conditions for supply of services to business customers
Terms and conditions for sale of goods to business customers
Terms and conditions for supply of services to consumers/businesses
What is it?
There are different terms and conditions for the supply of services to businesses (B2B contracts) and the supply of services to consumers(B2C contracts). When a business deals with a consumer (ie someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business) the consumer is given more legal protection than a business.
Why is it important?
Any business that is entering into a contract with a consumer must abide by a wide range of consumer law requirements such as the Consumer Rights Act 2015, the Sale of Goods Act and Supply of Goods and Services Act , the Consumer Contracts Regulations , the Misrepresentation Act and the Data Protection Act.
Risks
The T&Cs for supply of services to consumers should be used when
- You are supplying services with or without goods to customers not acting in the course of a business (i.e. consumers).
The T&Cs for supply of services to businesses should be used when
- You are supplying services with or without goods to customers acting in the course of a business (i.e. Businesses).
Consent Notices
Terms and conditions for sale of goods to consumers/businesses
What is it?
There are different terms and conditions for the sale of goods to businesses (B2B) and the sale of goods to consumers(B2C).
Why is it important?
The T&Cs for sale of goods to consumers should be used when
- You are supplying goods with or without services to customers not acting in the course of a business (i.e. consumers)
The T&Cs for sale of goods to businesses should be used when
- You are supplying goods with or without services to customers acting in the course of a business (i.e. businesses)
Terms and conditions for sale of goods to consumers via a website
Terms and conditions for supply of services to consumers via a website
Heads of terms
Letter of intent (LOI)
Invoice
Sales of goods agreements
What is it?
A Sale of Goods Agreement (sometimes called a Sales Agreement or Sales Contract) is a contract entered into between a buyer and a seller of goods for the sale and purchase of specific goods by the buyer. When you sell goods, you create a sale of goods contract.
Why is it important?
The terms in a sale of goods contract may vary depending on whether it is a sale to a consumer (i.e. a B2C contract ) or a sale to a business (i.e. a “commercial” sale or B2B contract.) A consumer is someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business. Consumers who act as the buyer in a contract for a sale of goods are given more legal protection than businesses. The legal protection is given to help the party considered to be the more vulnerable party to the contract ie the consumer as opposed to the business.
The sale of goods agreement will set out the seller and buyer’s obligations, the terms on which the seller is willing to sell and transfer the goods to the buyer, the nature of the goods to be sold, the price, payment terms, shipping and collection details, delivery time and what happens at the end of the contract.
Risks
A Sale of Goods Agreement can be made orally or in writing. However, having a well-written Sale of Goods Agreement can help protect one or both of the parties if there is a problem with the sale eg goods are late in arriving or the goods have been damaged or destroyed.
Purchase order
Services agreement
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Operating as a Sole Trader
Consultancy agreement
What is it?
A consultancy agreement is a contract between a self-employed person (Consultant) and a customer requiring the consultant’s services.
It is similar to the standard contract used to hire a freelancer. This agreement clarifies the basic terms of your relationship with the freelancer eg the work to be done, fees payable and other terms of the agreement eg a non-solicitation clause, confidentiality clause, data protection, ownership of any intellectual property created by the freelancer, indemnification clause for any losses you incur due to the freelancer’s breaches of third party intellectual property. Etc.
Why is it important?
More specialist freelancers may want you to sign up to their own bespoke terms and conditions when you instruct them. If that is the case you must ensure that you check all the clauses carefully to ensure that they do not conflict with your requirements and that you are happy with the terms eg consultant to be liable for breaches of your Intellectual property and third party intellectual property, confidentiality, fee payable, data protection, indemnification clause etc.
Risks
You should also ensure that you are aware of the IR35 tax rules. If a freelancer is providing services to you through a company your arrangement may be subject to the IR35 tax rules. This means that the freelancer may have to pay tax and national insurance as if they were employed by you. HMRC has a useful tool at www.gov.uk to enable businesses check employment status for tax purposes.
From April 2020 if you are a medium or large business the responsibility for determining whether the IR35 tax rules applies to the consultancy and for payment of the income tax and national insurance on behalf of the freelancer lies with the company to whom the freelancer provides the services. If you are a “small business” (i.e. a business which satisfies two or more of the following requirements – i) a turnover of £10.2 million or less, ii) no more than 50 staff and iii) a balance sheet f no more than £5.1million the responsibility for determining whether the IR35 tax rules apply and for payment of the tax and national insurance lies with the freelancer.
Home/Office rental agreement
What is it?
A home office rental agreement is an agreement between an owner or lessee of property to share their home office space with another person. These agreements are usually used by start-ups and home-based businesses and will be in the form of a licence agreement. The licensor will be the owner or tenant of the property and the licensee will be the sharer who may be an individual or a company. If more than one individual sharer it is essential that they be all named on the agreement so that they remain jointly and severally liable under the rental agreement. The licence fee should be inclusive of the service costs eg internet, utilities, etc.
Risks
If your business is a lessee, you must check your lease and check with your landlord to ensure that the grant of a licence to the sharers will not be a breach of your obligations as a tenant.
Purchase order
What is it?
A purchase order is prepared by a buyer when the buyer orders goods or A purchase order is prepared by a buyer when the buyer orders goods or services from a seller. The purchase order will indicate the type of goods, quantity of goods and the price the buyer is willing to pay for the products and or services.
Once the seller accepts the purchase order it becomes a legally binding contract as the seller has agreed to sell the goods and or services at the prices put forward by the buyer. The seller will then issue an invoice to the buyer based on the purchase order.
Why is it important?
Purchase orders are important for businesses as it is instrumental in tracking expenditure, makes orders easier to track, helps avoid audit problems and provides contractual legal protection for the buyer and the supplier.
Risks
Alongside a purchase order system, it is vital that a company has strong credit management practices to safeguard cash flow from bad debts and late payment.A strong debt collections process is vital to ensure payment is made when the goods or services have been delivered.
Invoice promptly and accurately and chase up with reminders. If a customer will not pay or ignores payment requests take action – Appoint a debt collection agency, take debt recovery action through the courts or pass the debt to a solicitor.
Pure Business Law has experienced debt collection lawyers who can assist you with debt recovery.
Ending or Assigning an Existing Agreement
Letter ending a contract
- The letter contains a clear description of the reasons for the termination of the contract.
- The date of termination is mentioned.
- The letter thanks the other party for their services.
Our contract solicitors can provide you with a bespoke letter for a reasonable fixed fee that you can use to cancel a contract or agreement.
Letter assigning a contract
What is it?
Transferring a contract from one party to another is known as ‘assigning’ a contract or ‘an assignment’ of the contract. An assignment ends one party’s involvement in the contract and transfers their contractual rights, benefits and interests to a new party.
Risks
Some contracts may contain a clause prohibiting assignment; other contracts may require the other party to consent to the assignment. Unless assignment is prohibited in a contract, a party may assign their rights to third party without the consent of the other party to the agreement. A letter of assignment is used to effect the assignment and will be signed by the outgoing party and the incoming party.
Health & Safety
Terms and conditions for supply of services to business customers
Terms and conditions for sale of goods to business customers
Terms and conditions for supply of services to consumers/businesses
What is it?
There are different terms and conditions for the supply of services to businesses (B2B contracts) and the supply of services to consumers(B2C contracts). When a business deals with a consumer (ie someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business) the consumer is given more legal protection than a business.
Why is it important?
Any business that is entering into a contract with a consumer must abide by a wide range of consumer law requirements such as the Consumer Rights Act 2015, the Sale of Goods Act and Supply of Goods and Services Act , the Consumer Contracts Regulations , the Misrepresentation Act and the Data Protection Act.
Risks
The T&Cs for supply of services to consumers should be used when
- You are supplying services with or without goods to customers not acting in the course of a business (i.e. consumers).
The T&Cs for supply of services to businesses should be used when
- You are supplying services with or without goods to customers acting in the course of a business (i.e. Businesses).
Consent Notices
Terms and conditions for sale of goods to consumers/businesses
What is it?
There are different terms and conditions for the sale of goods to businesses (B2B) and the sale of goods to consumers(B2C).
Why is it important?
The T&Cs for sale of goods to consumers should be used when
- You are supplying goods with or without services to customers not acting in the course of a business (i.e. consumers)
The T&Cs for sale of goods to businesses should be used when
- You are supplying goods with or without services to customers acting in the course of a business (i.e. businesses)
Terms and conditions for sale of goods to consumers via a website
Terms and conditions for supply of services to consumers via a website
Heads of terms
Letter of intent (LOI)
Invoice
Sales of goods agreements
What is it?
A Sale of Goods Agreement (sometimes called a Sales Agreement or Sales Contract) is a contract entered into between a buyer and a seller of goods for the sale and purchase of specific goods by the buyer. When you sell goods, you create a sale of goods contract.
Why is it important?
The terms in a sale of goods contract may vary depending on whether it is a sale to a consumer (i.e. a B2C contract ) or a sale to a business (i.e. a “commercial” sale or B2B contract.) A consumer is someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business. Consumers who act as the buyer in a contract for a sale of goods are given more legal protection than businesses. The legal protection is given to help the party considered to be the more vulnerable party to the contract ie the consumer as opposed to the business.
The sale of goods agreement will set out the seller and buyer’s obligations, the terms on which the seller is willing to sell and transfer the goods to the buyer, the nature of the goods to be sold, the price, payment terms, shipping and collection details, delivery time and what happens at the end of the contract.
Risks
A Sale of Goods Agreement can be made orally or in writing. However, having a well-written Sale of Goods Agreement can help protect one or both of the parties if there is a problem with the sale eg goods are late in arriving or the goods have been damaged or destroyed.
Purchase order
Services agreement
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Planning & Highways
Trademark (UK, EU, US, China)
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words (eg the trademark “Nandos”) -
pictures and words (eg the Pure Business Law trademark). -
slogans (eg the Lidl strap line “Big on quality, Lidl on price”) -
colours (eg the Cadbury Dairy Milk purple as owned by Kraft ). -
sounds (eg the Match of the Day theme song played when their logo appears at the beginning of football matches) and -
Logos (eg the Mac OS logo); -
3D shapes (eg the Pepsi cola bottle shape)
Patent (Worldwide)
Should I register my invention as a patent?
-
You can prevent others using your product or process if they intend to use it for commercial purposes. -
You can profit from your patent by only permitting certain people to use it for commercial purposes and only on condition that they pay you or give you a percentage of the profits they make from using your patent.
-
The PATLIB (patent library) centre -
A Patent attorney through the Chartered Institute of Patent Attorneys at www.cipa.org.uk
IP Assignment Agreement
Registering Designs
Non-Disclosure Agreement (NDA)/Letter of confidentiality
one-way confidentiality agreement
Assignment of intellectual property
Copyright
Managing employee performance
Invitation letter to a disciplinary appeal hearing for misconduct
What is it?
Make sure you do things right when you discipline an employee. Our employment solicitors can provide you with a disciplinary hearing letter/notice to be sent to the employee which sets out in clear and simple terms the disciplinary allegations, process to be followed, the employee's rights and potential sanctions.
Why is it important?
If you are formally disciplining an employee for misconduct, this letter ensures that you are complying with the unfair dismissal laws. It also meets the requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures. It is always best practice to give the employee a right to appeal any misconduct decision. The letter should tell the employee they must appeal in writing with their grounds of appeal. If you accept an appeal by the employee, you should respond with a letter inviting the employee to an appeal hearing for misconduct.
Risks
Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded your employee if the case went to court.
Invitation letter to an appeal hearing for misconduct
What is it?
The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process. Where an employee appeals against a disciplinary sanction, the employer should invite them to a disciplinary appeal hearing.
Why is it important?
The ACAS Code of Practice on Disciplinary and Grievance Procedures states that the employee should be given the right to appeal against any disciplinary sanction or decision.Our employment solicitors can provide you with an invitation letter to an appeal hearing that helps ensure that your processes are watertight. The invitation should include information about the employee's right to be accompanied at the appeal hearing.
Risks
Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded if the case went to court.
Disciplinary outcome letter for misconduct - warning or no action
What is it?
This is a letter that can be used to inform the employee of the outcome of the disciplinary meeting when the outcome is a warning or that no further action is to be taken by the employer.
Invitation letter to a performance appeal hearing
What is it?
This is a letter that should be used to invite an employee to a performance appeal hearing.
Invitation letter to a performance appraisal
What is it?
An appraisal is a formal process that allows you and a member of staff to assess the staff member’s performance over a period of time eg on a 6 month or 12 month basis. A detailed appraisal has a number of benefits for you and your employees.
Why is it important?
For example, it gives you the opportunity to:
1. review and provide feedback on their performance and set objectives to maximise performance.
2. It also gives the employee the opportunity to comment on their performance, suggest improvements and bring any problems to your attention.
3. It can therefore assist in motivating employees, resolution of problems and the prevention of legal disputes.
Our employment solicitors can provide you with an invitation to attend an appraisal meeting letter tailored to your specific requirements. This letter sets the date for the meeting, who will conduct the meeting and whether the member of staff needs to bring any particular documents or information to the meeting.
Contact our employment law solicitors on 01234 938089.
Poor performance outcome letter - warning or no action
What is it?
This is a letter that can be used to inform the employee of the outcome of the poor performance meeting when the outcome is a warning or no further action is to be taken.
Disciplinary procedure
What is it?
A disciplinary procedure is a formal way for an employer to deal with an employee’s unacceptable or improper behaviour (‘misconduct’) or performance (‘capability’).
Why is it important?
You should put your disciplinary procedure in writing and make it easily available to all staff. IIt should say what performance and behaviour might lead to disciplinary action and what action your employer might take.
It should also include the name of someone you can speak to if you do not agree with your employer’s disciplinary decision.
Disciplinary steps : Your disciplinary procedure should include the following steps:
-
A letter setting out the issue.
-
A meeting to discuss the issue.
-
A disciplinary decision.
-
A chance to appeal this decision.
Risks
Before starting a disciplinary procedure against a member of staff , you should first see whether the problem can be resolved in an informal way. This can often be the quickest and easiest solution.
If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.
Suspension Letter
What is it?
Dismissal letter for misconduct
What is it?
Dismissal letter for poor performance
What is it?
Gross misconduct dismissal letter
What is it?
Dismissal letter for employees without unfair dismissal rights
What is it?
Appeal letter
What is it?
This is a letter from an employee against whom a disciplinary sanction has been imposed appealing against the dismissal.
If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.
Reorganisation & Redundancies
Invitation letter to a disciplinary appeal hearing for misconduct
What is it?
Make sure you do things right when you discipline an employee. Our employment solicitors can provide you with a disciplinary hearing letter/notice to be sent to the employee which sets out in clear and simple terms the disciplinary allegations, process to be followed, the employee's rights and potential sanctions.
Why is it important?
If you are formally disciplining an employee for misconduct, this letter ensures that you are complying with the unfair dismissal laws. It also meets the requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures. It is always best practice to give the employee a right to appeal any misconduct decision. The letter should tell the employee they must appeal in writing with their grounds of appeal. If you accept an appeal by the employee, you should respond with a letter inviting the employee to an appeal hearing for misconduct.
Risks
Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded your employee if the case went to court.
Invitation letter to an appeal hearing for misconduct
What is it?
The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process. Where an employee appeals against a disciplinary sanction, the employer should invite them to a disciplinary appeal hearing.
Why is it important?
The ACAS Code of Practice on Disciplinary and Grievance Procedures states that the employee should be given the right to appeal against any disciplinary sanction or decision.Our employment solicitors can provide you with an invitation letter to an appeal hearing that helps ensure that your processes are watertight. The invitation should include information about the employee's right to be accompanied at the appeal hearing.
Risks
Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded if the case went to court.
Disciplinary outcome letter for misconduct - warning or no action
What is it?
This is a letter that can be used to inform the employee of the outcome of the disciplinary meeting when the outcome is a warning or that no further action is to be taken by the employer.
Invitation letter to a performance appeal hearing
What is it?
This is a letter that should be used to invite an employee to a performance appeal hearing.
Invitation letter to a performance appraisal
What is it?
An appraisal is a formal process that allows you and a member of staff to assess the staff member’s performance over a period of time eg on a 6 month or 12 month basis. A detailed appraisal has a number of benefits for you and your employees.
Why is it important?
For example, it gives you the opportunity to:
1. review and provide feedback on their performance and set objectives to maximise performance.
2. It also gives the employee the opportunity to comment on their performance, suggest improvements and bring any problems to your attention.
3. It can therefore assist in motivating employees, resolution of problems and the prevention of legal disputes.
Our employment solicitors can provide you with an invitation to attend an appraisal meeting letter tailored to your specific requirements. This letter sets the date for the meeting, who will conduct the meeting and whether the member of staff needs to bring any particular documents or information to the meeting.
Contact our employment law solicitors on 01234 938089.
Poor performance outcome letter - warning or no action
What is it?
This is a letter that can be used to inform the employee of the outcome of the poor performance meeting when the outcome is a warning or no further action is to be taken.
Disciplinary procedure
What is it?
A disciplinary procedure is a formal way for an employer to deal with an employee’s unacceptable or improper behaviour (‘misconduct’) or performance (‘capability’).
Why is it important?
You should put your disciplinary procedure in writing and make it easily available to all staff. IIt should say what performance and behaviour might lead to disciplinary action and what action your employer might take.
It should also include the name of someone you can speak to if you do not agree with your employer’s disciplinary decision.
Disciplinary steps : Your disciplinary procedure should include the following steps:
-
A letter setting out the issue.
-
A meeting to discuss the issue.
-
A disciplinary decision.
-
A chance to appeal this decision.
Risks
Before starting a disciplinary procedure against a member of staff , you should first see whether the problem can be resolved in an informal way. This can often be the quickest and easiest solution.
If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.
Suspension Letter
What is it?
Dismissal letter for misconduct
What is it?
Dismissal letter for poor performance
What is it?
Gross misconduct dismissal letter
What is it?
Dismissal letter for employees without unfair dismissal rights
What is it?
Appeal letter
What is it?
This is a letter from an employee against whom a disciplinary sanction has been imposed appealing against the dismissal.
If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.