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

Software Development Agreement


What is it? Software is intellectual property. A software development agreement is an agreement between a business or an individual and a developer by which the individual or business hires the developer to create and deliver a specific piece of software. Why is it important? This agreement is important as it clarifies the relationship between the developer and the hirer or employer. Risks When you engage a software developer if you want the software created to belong to your company or to you, you must ensure that you agree and insert an ownership clause in the agreement. If there is no ownership clause the software created by the developer will automatically belong to the developer even if your company has spent millions of pounds developing the software.




Freelancer Agreement


What is it? You may use a self-employed freelancer to do a specific task eg work on a project, design your website or do your marketing for a specific period.The standard contract used to hire a freelancer is a consultancy agreement. 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. A company consultancy agreement is used to hire a freelancer who operates through their own limited company. An individual consultancy agreement is used to hire a freelancer directly. 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.




Internship Agreement


What is it? An intern may be a volunteer, a worker or an employee. An internship agreement is an agreement between an intern and an employer where the intern agrees to provide their services in exchange for training provided by the employer or business with no expectation that the internship will result in employment with the business. Why is it important? If your intern will just be shadowing staff and will be unpaid you won’t need a contract but it is good practice to send your intern a letter confirming the agreement terms. If you want your intern to work for your business rather than just shadow staff your intern will either be an employee or a casual worker. Risks You must have a proper contract for their status and treat them accordingly. If your intern is an employee or a casual work you must pay them the national minimum wage(NMW). If you do not pay them the NMW you are at risk of HMRC prosecuting you or the intern suing you in court.




Staff Handbook


What is it? A Staff handbook is an important living document for your employees that sets out your company’s operational policies, values and culture for current and future employees. There is no legal obligation to have a staff handbook, however as there are certain policies that you must give your employees by law (eg disciplinary and grievance policies and health and safety policies) it is best practice to start a handbook when you hire your first employee as it sets expectations for what behaviour is acceptable and desirable across your business and can protect you legally. Why is it important? A staff handbook can be contractual or non-contractual(i.e. binding or non-binding). It is best practice to make it non-contractual so that you can change it at your discretion without having to consult staff. Make sure you keep your handbook updated to reflect the law and ensure that the issue date is clearly shown on the handbook. Risks If you do not have a staff handbook and you are in dispute or engaged in legal proceedings with an employee it will be more difficult to verify your policies and procedures.




Job description


What is it? A job description sets out the scope of the role (i.e. duties and responsibilities), any skills, experience and qualifications required, the ethos and culture of your business, salary and other staff benefits. It is important as it helps you clarify what you are looking for and will also help candidates determine whether they have the skills and experience for the role. Why is it important? Always review your job description before every recruitment exercise to ensure it accurately describes the job in question. Failing to do so may dissuade suitable candidates from applying or encourage unsuitable candidates to apply. Risks It is essential that you avoid using discriminatory words in your job description eg “bright, energetic, young man” or “ an Italian” person when you actually require someone who speaks Italian as these would indicate a preference based on gender, disability, age and ethnicity.




Job offer letter


What is it? You should always confirm a job offer in writing and ask the candidate to confirm their acceptance of the offer. Why is it important? A job offer letter is a letter offering employment after an interview and summarising the basic terms of employment (if you are providing the employment contract with the offer letter) or summarising the main employment terms (if you will not be providing the employment contract until a later date) Risks Always ensure that the offer letter specifies the conditions to which the offer is subject eg “subject to satisfactory references” and that you retain a signed copy of the offer letter and contract in the staff member’s personnel records.




Non-executive director letter of appointment


What is it? This is a formal letter appointing a person as a non-executive director of a company. It sets out the key terms of the appointment and the director’s duties and responsibilities. Why is it important? As a director is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants.




Senior employment contract


What is it? This is a more complex contract of employment between a senior employee or director/executive and an employer . It sets out the employment terms and conditions of employment and the standard areas of the employment. Why is it important? As a senior executive is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants and ensure any intellectual property created by the employee belongs to the business.




Zero hours contract


What is it? This is a casual agreement between an individual and a business where the worker works “as and when” the employer needs the labour. There is no guarantee of any set hours and the worker is not obliged to work the hours offered. Why is it important? A zero-hours contract should be used where the business simply wishes to hire a worker on a casual basis and would benefit from not having to give the worker a guaranteed number of hours and days of work. This contract is useful for seasonal work or special events eg in the agriculture business, hospitality and catering business; when a business is entering a new market and is unsure of how many staff members it will need; in cases of unexpected absence from work eg to provide cover where there is sudden sickness or absence from work etc. They are often used in the healthcare, agriculture, hotels, restaurants and education sectors. In the UK workers operating under zero-hours contracts are entitled to rest breaks, annual leave, sick pay and protection from discrimination and must be paid the national minimum wage for hours worked. Risks Zero-hours contracts are controversial due to the uncertainty of the work and the fact there is no guaranteed employment. They do however serve a purpose by providing a flexible labour market and a route into more permanent employment. You should ensure that your zero-hours contract clearly sets out your employee’s employee status, rights and obligations.




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. Why is it important? 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. 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.




Employment contract


What is it? An employment contract is an agreement between the employer and employee setting out the rights and duties of the employer and employee. An employment agreement is vital as it forms the legal relationship between the employer and the employee. Why is it important? If you have employees, you are legally obliged to provide them with a written statement of their basic terms of employment in writing no later than two months after they start work. From 6 April 2020 this obligation will extend to casual workers and all new employees must be provided with this written statement and additional information on or before the staff member’s first day of work. Risks If things go wrong an employment agreement will clarify the legal relationship between the employer and employee and will help the court or tribunal in providing a solution in the event of a dispute between the employer and employee. Think of an employment contract as your passport to nurturing good employment relations with your staff and running a good, progressive business. If your employee will be part-time do note that part-time staff and fixed term staff (temporary employees) must be treated equally with full-time staff. This means that a part-time or temporary employee on the same role must get the same pay or benefits as a comparable full-time member of staff pro-rated for the length of time they will be with you. Comparable employees are those doing the same or broadly similar work at the same place of work or at a different location.




Change to employment terms letter


What is it?

As an employer sometimes you may have business reasons that means you need to change your employees terms and conditions of employment (eg basic rate, overtime, bonus, working location, duties and responsibilities, hours/days of work, holiday or sick pay entitlement). This is called a “variation” of the contracts of employment.

Why is it important?

You can only do this if (a) you have a provision in the contract that allows the change. This clause is usually called a “flexibility clause” and may be in your contract or Company Handbook. (b) the employees agree the change or (c) the employees representative eg a Trade Union agrees the change.

Risks

You must have sound business reasons for making any change and follow a fair consultation procedure with your employees before you introduce the changes. If the employees do not agree the change and you believe that it is a reasonable change you can force a new contract on your employees. However, this should be used only as a last resort as it could lead to an employee raising a grievance and ultimately a claim to an Employment Tribunal. Once the change has been agreed you should ensure that each employee signs the new contract to confirm the employee has accepted the change and that you keep a copy.

Please contact our employment solicitors if you are thinking of making a change to your employment contracts.




Working time directive opt out letter


What is it? The Working Time Directive prevents employees from being forced to work more than 48 hours per week unless they freely agree to opt out of the directive. To opt out of the 48 hours limit your employees can sign an “Opt-out of the Working Time Directive Agreement”. Why is it important? This is an agreement between an employer and a worker or employee for the purposes of the Working Time Regulations 1998 whereby the employee or worker agrees to opt-out of the maximum weekly working time limit of 48 hours for a period or indefinitely. Such agreements are usually signed by doctors, police officers a, long-haulage truck drivers and others whose jobs necessitate long working hours. Risks You cannot sack or treat your employee unfairly if they refused to opt out.




Probation letter


What is it? A probation letter is a letter by which an employer informs an employee that their probation period has finished and tells them the outcome of the probation. The outcome may be threefold: (a) that the employee has successfully completed their probationary period and their employment will continue OR (b) the employee’s probation will be extended as the employee’s performance needs to improve OR (c) the employee’s employment is being terminated as the employee has not met the company’s performance requirements. Our employment solicitors can provided you with a suite of sample employment probation letters to use as a guide. Employers should adapt the content to suit their requirements and or contact us for further advice if required.




Flexible working request


What is it? An employee can make a “flexible working request” to their employer if they want to work part-time instead of full-time, change their start and finishing times, work compressed hours(i.e. do their standard hours over fewer days), job-share or do “flexi-time”. Flexitime is where an employee is granted permission to be flexible with their start and finish times. Why is it important? The law provides that an employee has the right to make a flexible working request if (a) the employee has worked for their employer for at least 26 weeks (b) the member of staff is legally classed as an employee and (c) the employee has not made any other flexible working request in the last 12 months. By law, if the employee has the right to make the request the employer is obliged to look at the request fairly in accordance with the Acas Code of Practice on flexible working requests and, make a decision within 3 months.




Grievance letter


What is it?

A grievance is a concern, problem or complaint raised by an employee in the workplace about their work, their manager, other staff member or the workplace. It could be about the employee’s pay and benefits, work conditions, workload, bullying or harassment. There is no legally binding process that an employer must follow when handling a grievance at work. However, it is best practice as an employer to have a grievance procedure.

Why is it important?

A grievance procedure is one of the ways to resolve a problem at work. This procedure can be set out in the employment contract, company handbook, HR intranet site or in your Human Resources manual.

Risks

If you do not have a grievance procedure you should ensure that you follow the Acas Code of Practice on Disciplinary and Grievance procedures if an employee comes to you with a grievance.

When an employee raises a workplace grievance you must take them seriously. Whether or not the grievance is valid you must investigate the grievance as it could be having a negative effect on the staff concerned and may lead to disgruntled staff and loss of valuable staff. Having an informal chat when an employee comes to you with an issue may be all that is needed. If the chat does not resolve the problem, you must investigate the problem .An employee should not be dismissed or treated unfairly for raising a genuine grievance.

An employee who is disadvantaged or dismissed for raising a grievance can raise a claim in the Employment Tribunal for unfair dismissal or automatic unfair dismissal. An employee would usually be expected to lodge a grievance before claiming constructive dismissal otherwise any damages awarded the employee at the Employment Tribunal could be reduced.

Avoid grievances in your workplace by contacting Pure Business law, your expert employment lawyers.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


HR Policies

Licence to assign


What is it? If you are a landlord of commercial property, and your lease to your tenant includes a provision that says that your tenant cannot assign the lease to another (the “assignee”) without your consent and your tenant wants to assign or transfer their lease obligations to another commercial tenant you need a licence to assign to give them your consent. Why is it important? If the lease absolutely prevents assignment, then you can refuse consent without stating a reason. However, if the lease prohibits assignment without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. A tenant’s request to assign the lease may be made orally, by letter or by email as there is no prescribed form for a tenant’s application for consent to assign. A landlord can charge a tenant a fee to register an assignment. Landlords generally insist that the tenant or lessee gives a guarantee (Authorised Guarantee Agreement “AGA”) in the lease to be responsible for any breaches of covenants by the assignee so that the landlord can claim against the original tenant if the assignee breaches any of its obligations under the lease.




Licence to sublet


What is it? A licence to sublet is an agreement between a landlord and a tenant that gives the tenant the right to sublet part or the whole of the property to another tenant (the “sub-tenant”). If the lease absolutely prevents sub-letting, then you can refuse consent without stating a reason. However, if the lease prohibits sub-letting without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. Why is it important? Where there is a sub-lease the sub-lessee’s landlord is the tenant or lessee so if the sub-lessee breaches its obligations under the sub-lease the lessee or tenant is the only person entitled to take action against the sub-lessee. Landlords generally insist that the sub-tenant joins in the licence to sublet so that the landlord can claim against the sub-tenant if there is any breach of its obligations under the sub-lease.




Sale Agreement


What is it? If you are selling a commercial property, we will prepare the sale contract and related documents, deal with all enquiries raised by the buyer’s solicitors, report to you and advise you and once the contract has been agreed, complete the transaction as quickly and effectively as possible.




Purchase Agreement


What is it? If you are buying a commercial property we will review, amend and advise you on the contract, raise all relevant enquiries, conduct searches, report to you, advise you and then once the parties have agreed the contract complete and register the conveyance as quickly and effectively as possible





Protecting your IP

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:

  1. A letter setting out the issue.

  2. A meeting to discuss the issue.

  3. A disciplinary decision.

  4. 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? This is a letter that can be used to inform the employee that the employee will be suspended pending investigation of the disciplinary allegations.




Dismissal letter for misconduct


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the grounds of misconduct falling short of Gross Misconduct. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for poor performance


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal for poor performance. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Gross misconduct dismissal letter


What is it? This Gross Misconduct Notice of Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the ground of gross misconduct. An employee can be dismissed “on the spot” for gross misconduct eg fighting at work. Why is it important? However it is best practice to follow up a gross misconduct “on the spot dismissal” with a letter fully explaining the dismissal and the reasons for the dismissal. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for employees without unfair dismissal rights


What is it? This Dismissal Letter should be used to inform the employee of their dismissal when they have under two years’ service with the employer. Why is it important? It is best practice to put an employee on a performance improvement plan(PIP) first before dismissing them irrespective of their length of service. This letter can be used where an employee is dismissed either with or without having been put on a performance improvement plan. In all cases, the employer should adopt a professional and respectful tone when communicating with the soon-to-be dismissed employee. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




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.





Business Relationships

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.





Running an online business

Software Development Agreement


What is it? Software is intellectual property. A software development agreement is an agreement between a business or an individual and a developer by which the individual or business hires the developer to create and deliver a specific piece of software. Why is it important? This agreement is important as it clarifies the relationship between the developer and the hirer or employer. Risks When you engage a software developer if you want the software created to belong to your company or to you, you must ensure that you agree and insert an ownership clause in the agreement. If there is no ownership clause the software created by the developer will automatically belong to the developer even if your company has spent millions of pounds developing the software.




Freelancer Agreement


What is it? You may use a self-employed freelancer to do a specific task eg work on a project, design your website or do your marketing for a specific period.The standard contract used to hire a freelancer is a consultancy agreement. 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. A company consultancy agreement is used to hire a freelancer who operates through their own limited company. An individual consultancy agreement is used to hire a freelancer directly. 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.




Internship Agreement


What is it? An intern may be a volunteer, a worker or an employee. An internship agreement is an agreement between an intern and an employer where the intern agrees to provide their services in exchange for training provided by the employer or business with no expectation that the internship will result in employment with the business. Why is it important? If your intern will just be shadowing staff and will be unpaid you won’t need a contract but it is good practice to send your intern a letter confirming the agreement terms. If you want your intern to work for your business rather than just shadow staff your intern will either be an employee or a casual worker. Risks You must have a proper contract for their status and treat them accordingly. If your intern is an employee or a casual work you must pay them the national minimum wage(NMW). If you do not pay them the NMW you are at risk of HMRC prosecuting you or the intern suing you in court.




Staff Handbook


What is it? A Staff handbook is an important living document for your employees that sets out your company’s operational policies, values and culture for current and future employees. There is no legal obligation to have a staff handbook, however as there are certain policies that you must give your employees by law (eg disciplinary and grievance policies and health and safety policies) it is best practice to start a handbook when you hire your first employee as it sets expectations for what behaviour is acceptable and desirable across your business and can protect you legally. Why is it important? A staff handbook can be contractual or non-contractual(i.e. binding or non-binding). It is best practice to make it non-contractual so that you can change it at your discretion without having to consult staff. Make sure you keep your handbook updated to reflect the law and ensure that the issue date is clearly shown on the handbook. Risks If you do not have a staff handbook and you are in dispute or engaged in legal proceedings with an employee it will be more difficult to verify your policies and procedures.




Job description


What is it? A job description sets out the scope of the role (i.e. duties and responsibilities), any skills, experience and qualifications required, the ethos and culture of your business, salary and other staff benefits. It is important as it helps you clarify what you are looking for and will also help candidates determine whether they have the skills and experience for the role. Why is it important? Always review your job description before every recruitment exercise to ensure it accurately describes the job in question. Failing to do so may dissuade suitable candidates from applying or encourage unsuitable candidates to apply. Risks It is essential that you avoid using discriminatory words in your job description eg “bright, energetic, young man” or “ an Italian” person when you actually require someone who speaks Italian as these would indicate a preference based on gender, disability, age and ethnicity.




Job offer letter


What is it? You should always confirm a job offer in writing and ask the candidate to confirm their acceptance of the offer. Why is it important? A job offer letter is a letter offering employment after an interview and summarising the basic terms of employment (if you are providing the employment contract with the offer letter) or summarising the main employment terms (if you will not be providing the employment contract until a later date) Risks Always ensure that the offer letter specifies the conditions to which the offer is subject eg “subject to satisfactory references” and that you retain a signed copy of the offer letter and contract in the staff member’s personnel records.




Non-executive director letter of appointment


What is it? This is a formal letter appointing a person as a non-executive director of a company. It sets out the key terms of the appointment and the director’s duties and responsibilities. Why is it important? As a director is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants.




Senior employment contract


What is it? This is a more complex contract of employment between a senior employee or director/executive and an employer . It sets out the employment terms and conditions of employment and the standard areas of the employment. Why is it important? As a senior executive is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants and ensure any intellectual property created by the employee belongs to the business.




Zero hours contract


What is it? This is a casual agreement between an individual and a business where the worker works “as and when” the employer needs the labour. There is no guarantee of any set hours and the worker is not obliged to work the hours offered. Why is it important? A zero-hours contract should be used where the business simply wishes to hire a worker on a casual basis and would benefit from not having to give the worker a guaranteed number of hours and days of work. This contract is useful for seasonal work or special events eg in the agriculture business, hospitality and catering business; when a business is entering a new market and is unsure of how many staff members it will need; in cases of unexpected absence from work eg to provide cover where there is sudden sickness or absence from work etc. They are often used in the healthcare, agriculture, hotels, restaurants and education sectors. In the UK workers operating under zero-hours contracts are entitled to rest breaks, annual leave, sick pay and protection from discrimination and must be paid the national minimum wage for hours worked. Risks Zero-hours contracts are controversial due to the uncertainty of the work and the fact there is no guaranteed employment. They do however serve a purpose by providing a flexible labour market and a route into more permanent employment. You should ensure that your zero-hours contract clearly sets out your employee’s employee status, rights and obligations.




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. Why is it important? 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. 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.




Employment contract


What is it? An employment contract is an agreement between the employer and employee setting out the rights and duties of the employer and employee. An employment agreement is vital as it forms the legal relationship between the employer and the employee. Why is it important? If you have employees, you are legally obliged to provide them with a written statement of their basic terms of employment in writing no later than two months after they start work. From 6 April 2020 this obligation will extend to casual workers and all new employees must be provided with this written statement and additional information on or before the staff member’s first day of work. Risks If things go wrong an employment agreement will clarify the legal relationship between the employer and employee and will help the court or tribunal in providing a solution in the event of a dispute between the employer and employee. Think of an employment contract as your passport to nurturing good employment relations with your staff and running a good, progressive business. If your employee will be part-time do note that part-time staff and fixed term staff (temporary employees) must be treated equally with full-time staff. This means that a part-time or temporary employee on the same role must get the same pay or benefits as a comparable full-time member of staff pro-rated for the length of time they will be with you. Comparable employees are those doing the same or broadly similar work at the same place of work or at a different location.




Change to employment terms letter


What is it?

As an employer sometimes you may have business reasons that means you need to change your employees terms and conditions of employment (eg basic rate, overtime, bonus, working location, duties and responsibilities, hours/days of work, holiday or sick pay entitlement). This is called a “variation” of the contracts of employment.

Why is it important?

You can only do this if (a) you have a provision in the contract that allows the change. This clause is usually called a “flexibility clause” and may be in your contract or Company Handbook. (b) the employees agree the change or (c) the employees representative eg a Trade Union agrees the change.

Risks

You must have sound business reasons for making any change and follow a fair consultation procedure with your employees before you introduce the changes. If the employees do not agree the change and you believe that it is a reasonable change you can force a new contract on your employees. However, this should be used only as a last resort as it could lead to an employee raising a grievance and ultimately a claim to an Employment Tribunal. Once the change has been agreed you should ensure that each employee signs the new contract to confirm the employee has accepted the change and that you keep a copy.

Please contact our employment solicitors if you are thinking of making a change to your employment contracts.




Working time directive opt out letter


What is it? The Working Time Directive prevents employees from being forced to work more than 48 hours per week unless they freely agree to opt out of the directive. To opt out of the 48 hours limit your employees can sign an “Opt-out of the Working Time Directive Agreement”. Why is it important? This is an agreement between an employer and a worker or employee for the purposes of the Working Time Regulations 1998 whereby the employee or worker agrees to opt-out of the maximum weekly working time limit of 48 hours for a period or indefinitely. Such agreements are usually signed by doctors, police officers a, long-haulage truck drivers and others whose jobs necessitate long working hours. Risks You cannot sack or treat your employee unfairly if they refused to opt out.




Probation letter


What is it? A probation letter is a letter by which an employer informs an employee that their probation period has finished and tells them the outcome of the probation. The outcome may be threefold: (a) that the employee has successfully completed their probationary period and their employment will continue OR (b) the employee’s probation will be extended as the employee’s performance needs to improve OR (c) the employee’s employment is being terminated as the employee has not met the company’s performance requirements. Our employment solicitors can provided you with a suite of sample employment probation letters to use as a guide. Employers should adapt the content to suit their requirements and or contact us for further advice if required.




Flexible working request


What is it? An employee can make a “flexible working request” to their employer if they want to work part-time instead of full-time, change their start and finishing times, work compressed hours(i.e. do their standard hours over fewer days), job-share or do “flexi-time”. Flexitime is where an employee is granted permission to be flexible with their start and finish times. Why is it important? The law provides that an employee has the right to make a flexible working request if (a) the employee has worked for their employer for at least 26 weeks (b) the member of staff is legally classed as an employee and (c) the employee has not made any other flexible working request in the last 12 months. By law, if the employee has the right to make the request the employer is obliged to look at the request fairly in accordance with the Acas Code of Practice on flexible working requests and, make a decision within 3 months.




Grievance letter


What is it?

A grievance is a concern, problem or complaint raised by an employee in the workplace about their work, their manager, other staff member or the workplace. It could be about the employee’s pay and benefits, work conditions, workload, bullying or harassment. There is no legally binding process that an employer must follow when handling a grievance at work. However, it is best practice as an employer to have a grievance procedure.

Why is it important?

A grievance procedure is one of the ways to resolve a problem at work. This procedure can be set out in the employment contract, company handbook, HR intranet site or in your Human Resources manual.

Risks

If you do not have a grievance procedure you should ensure that you follow the Acas Code of Practice on Disciplinary and Grievance procedures if an employee comes to you with a grievance.

When an employee raises a workplace grievance you must take them seriously. Whether or not the grievance is valid you must investigate the grievance as it could be having a negative effect on the staff concerned and may lead to disgruntled staff and loss of valuable staff. Having an informal chat when an employee comes to you with an issue may be all that is needed. If the chat does not resolve the problem, you must investigate the problem .An employee should not be dismissed or treated unfairly for raising a genuine grievance.

An employee who is disadvantaged or dismissed for raising a grievance can raise a claim in the Employment Tribunal for unfair dismissal or automatic unfair dismissal. An employee would usually be expected to lodge a grievance before claiming constructive dismissal otherwise any damages awarded the employee at the Employment Tribunal could be reduced.

Avoid grievances in your workplace by contacting Pure Business law, your expert employment lawyers.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Buying & Selling Goods & Services

Trademark (UK, EU, US, China)


What is it? One of the best ways of protecting your business name, brand and logo from being copied is to register a trademark. A trademark is a distinctive sign eg name, brand, logo or tagline (or a combination of these) used by a business to distinguish its goods and or services from those sold by another business and to identify its business as the source of those goods and services. In the UK, trademarks are granted by the UK Intellectual Property Office (UK IPO) Registering a trademark increases the protection it receives and stops others from using it. You may be able to register a trademark over:

  • 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)
Why is it important? Registering a name or a logo gives you the following three benefits: Allows you to object if someone else applies to register ay name or logo that is similar to your trademark for the same of similar goods or services. This protection does not cover an application to use the same name or branding for a different type of business. For instance if you register “Fast-Sports” for a trade mark for selling sports cars, no one could register “Fast-Spots” for anything to do with selling cars but they may be able to register it as a trade mark for a dry-cleaning business because that has nothing to do with cars. If another business tries to use the same or similar branding on similar goods or services thereby infringing your trademark you can take legal proceedings to stop them. Your business’s goodwill and reputation have commercial value so registering a trademark is an easy way to protect your hard work and creativity. Registering a trademark gives you the exclusive right to use it for 10 years, after which you must make an application to renew it to the Intellectual Property Office (IPO). Their website is at www.ipo.gov.uk. You can register your trademarks in the UK, the EU and or internationally. All registrations last for 10years and are renewable indefinitely in further 10-year periods. The most suitable registration for your brand will depend on where you do business eg UK, EU or internationally. Risks If you do not register your name, brand or logo as a trademark you will not be able to easily stop other people using your trademark and you may end up allowing other businesses to profit from your hard work.




Patent (Worldwide)


What is it? Protect your invention through a patent. A patent gives you an exclusive right over a novel invention that you have created. It gives you the exclusive right to use and reproduce your invention and stop people copying your invention without your permission. For instance, only Apple can make and sell Apple phones. In the UK, patents are granted by the UK Intellectual Property Office (UK IPO) To have a patent over something you have created, you must register it at the IPO. Patents generally last for up to twenty years. You can only patent a novel invention and cannot patent something that is already in the public domain. This means that your invention must be new (i.e. you cannot patent something which already exists eg a literary work, method of medical treatment, a diagnosis, scientific theory or a discovery) . You also cannot patent something which is already the subject of a patent application pre-dating your application. This means that you must carry out extensive market research examining trade journals and academic papers relevant to your industry market and searching for patents and patent applications on the patent registers worldwide. Obtaining a patent is expensive and time consuming. You should enlist the help of a professional eg lawyer or patent agent before starting an application for a patent. Why is it important?
Should I register my invention as a patent? Yes, you should if you believe that you have created a novel product or process which is so important to your business that you wish to pay a patent application fee to prevent others from using it. Risks Registering your invention as a patent ensures that:

  1. You can prevent others using your product or process if they intend to use it for commercial purposes.
  2. 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.
Risks If you do not register your invention as a patent, you will not be able to easily stop other people copying your ideas and you may end up allowing other businesses to profit from your hard work. You can use free online databases to search for patents eg Ipsum the UK IPO’s search facility, the Patents Journal (for UK applications that have been filed but not yet published), Espacenet – the European Patents Office’s (EPO’s) free database for worldwide patents including UK patents and Patentscope – the World Intellectual Property Organisation’s (WIPO’s ) free database for worldwide patents including UK patents. Note that these databases may not be up to date. As an alternative you may prefer to use professional search services such as:
  1. The PATLIB (patent library) centre
  2. A Patent attorney through the Chartered Institute of Patent Attorneys at www.cipa.org.uk




IP Assignment Agreement


What is it? An IP assignment agreement transfers rights and ownership in an IP created by one person to someone else or to a business. It can be used to transfer rights in a trademark, patent, logo, designs or any other IP. Why is it important? An IP assignment agreement is important when a business is sold, and the founder created intellectual property before becoming a part of the company or a company employs a someone whether consultant or employee to do some work.




Registering Designs


What is it? Register your design to stop someone else from using it. A design right is a right that you have which can protect your original design from being copied by someone else.There are two different types of design rights – registered and unregistered design rights which can protect the look or appearance of a product from being copied. Why is it important? Design rights can exist in computer icons, logos, graphic designs, packaging and clothing. The rights do not arise by reference to the particular product but rather in the shape or look of either the whole of the product or part of that product. For instance, a registered design right in a motif used on a book will be infringed if someone else uses the same design motif on a duvet cover. In the UK, design registrations are granted by the UK Intellectual Property Office (UK IPO). Risks Even if you do not register your design, it will still be automatically protected as an unregistered design right. However this right is more limited right because it only protects you against unauthorised copying and does not prevent other people creating similar designs independently. For businesses in the UK these unregistered design rights arise automatically in the UK and the EU for some designs under both UK and EU law if the relevant criteria are met. In the UK, unregistered design rights arise as soon as the relevant designs are recorded in some way eg in a drawing and in the UK as soon as they are made available to the public. However, the protection granted differs slightly in each jurisdiction. For instance in the UK unregistered design rights will automatically protect either the shape or configuration of the whole or part of an article for up to 15 years, whereas in the EU unregistered design rights will automatically protect not only the appearance of the whole or part of any industrial or handicraft product resulting from its features but also its lines, shape, texture, contours and materials but only for up to 3 years. You should therefor keep a watching brief and consider whether such a right has arisen as soon as you believe that either you or your employees (in the course of their employment) have created an original design. Brexit The UK and the EU have agreed that there will be an implementation period (ie transition period) from the date the UK left the EU i.e. 31 January 2020 until 31 December 2020 or a later date if the transition period is extended. During this period there will be no changes to unregistered design rights. UK unregistered design rights UK unregistered design rights will continue after the transition period and provide up to 15 years of protection. However, after the transition period the UK Government has advised that only UK residents or businesses incorporated in the UK will be eligible for UK registered designs. EU unregistered design rights From the end of the transition period unregistered design rights in the EU (ie unregistered Community designs) will no longer be valid in the IK. The government has advised that it will immediately replace the unregistered Community design rights with UK unregistered design rights ( to be known as UK continuing unregistered design rights) and which will offer protection in the EU and UK for the rest of the three year terms previously attached to the unregistered Community design right. This means you will continue to be protected in the EU and UK for unregistered Community designs that existed before the end of the transition period. If you are concerned about how to protect your unregistered design rights in the UK and EU after the transition period please contact our IP lawyers for further advice on 01234 938089.




Non-Disclosure Agreement (NDA)/Letter of confidentiality


What is it? This agreement protects confidential information belonging to your business including IP and other information which you do not want to be made public. Why is it important? It is important to have an NDA in place before sharing any confidential or sensitive information in business meetings with people with whom you intend to do business eg investors, prospective co-founders, suppliers, consultants and the like. A letter of confidentiality is similar to a non-disclosure agreement. The party disclosing confidential information imposes restrictions as to the use of this confidential information to the party receiving it. Risks If you do not have the required safeguards in place to protect your intellectual property during business meetings or negotiations you may have your designs, inventions or work stolen or copied by the person with whom you are negotiating. This could be disastrous for your business.




one-way confidentiality agreement


What is it? A one-way Confidentiality agreement is similar to a non-disclosure agreement but imposes restrictions as to the use of this confidential information only on one party.




Assignment of intellectual property


What is it? An IP assignment agreement transfers rights and ownership in an IP created by one-person eg trademark, patent, logo, designs or any other IP to someone else or to a business. Why is it important? An IP assignment agreement is important when a business is sold, and the founder created intellectual property before becoming a part of the company or a company employs a someone whether consultant or employee to do some work. If you assign IP rights to another business, you are transferring ownership of the IP. It is more common to licence intellectual property rights than to assign them in business. Licensing allows a third party to have rights over the IP and do certain acts with the IP that they would not otherwise have been able to do but you keep ownership of the IP. You can limit the licence to a certain area eg the UK, Middle East, Africa etc or to a certain period of time eg 1 year, 2 years etc. Risks If for example you assign your IP to a business and it fails, you would have lost your IP. If on the other hand you licence your IP to another business, you are in ultimate control and can stipulate how the IP should be used and when it has to be returned. You can also stipulate that the IP be returned to you if the business goes into liquidation or on the happening of certain events.




Copyright


What is it? Copyright is the exclusive right to use and reproduce in public any material you have created if it falls into one of the following categories: i) Written work such as books, plays film scripts, web content, articles, essays, professional opinions, tables, compilations and databases; ii)Artistic works such as paintings, drawings, photos, maps, charts, plan, diagrams etc; iii)sound recordings; iv)Films, music and broadcasts; or v) computer programs. Why is it important? Copyright arises automatically when you create the work so there is no need to register copyright to own a work that you have created. You should be wary of any person that asks you to pay them to register your copyright in a work that you have created as it will be a scam. Businesses as well as individuals can own copyright. Copyright usually lasts for 70 years. You can buy someone’s copyright via a document called a Deed of assignment or give them a licence to use your copyright. As a general rule if an employee creates a work in the course of their employment their employer (ie the business ) will own the work. However, if the work in question is not part of the agreed duties of the employee the employee will own the work. To ensure that copyright work created by employees is owned by the business you should include appropriate intellectual property clauses in your employment contracts. Risks If you commission a piece of work from a freelancer the copyright in the work will belong to the freelancer unless the parties have agreed otherwise. It is important to ensure that the position on ownership of the copyright in writing before work starts to ensure that the business owns the copyright in the work produced by the freelancer.





Managing a company

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:

  1. A letter setting out the issue.

  2. A meeting to discuss the issue.

  3. A disciplinary decision.

  4. 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? This is a letter that can be used to inform the employee that the employee will be suspended pending investigation of the disciplinary allegations.




Dismissal letter for misconduct


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the grounds of misconduct falling short of Gross Misconduct. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for poor performance


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal for poor performance. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Gross misconduct dismissal letter


What is it? This Gross Misconduct Notice of Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the ground of gross misconduct. An employee can be dismissed “on the spot” for gross misconduct eg fighting at work. Why is it important? However it is best practice to follow up a gross misconduct “on the spot dismissal” with a letter fully explaining the dismissal and the reasons for the dismissal. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for employees without unfair dismissal rights


What is it? This Dismissal Letter should be used to inform the employee of their dismissal when they have under two years’ service with the employer. Why is it important? It is best practice to put an employee on a performance improvement plan(PIP) first before dismissing them irrespective of their length of service. This letter can be used where an employee is dismissed either with or without having been put on a performance improvement plan. In all cases, the employer should adopt a professional and respectful tone when communicating with the soon-to-be dismissed employee. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




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.





Settlement agreements & Ref

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:

  1. A letter setting out the issue.

  2. A meeting to discuss the issue.

  3. A disciplinary decision.

  4. 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? This is a letter that can be used to inform the employee that the employee will be suspended pending investigation of the disciplinary allegations.




Dismissal letter for misconduct


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the grounds of misconduct falling short of Gross Misconduct. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for poor performance


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal for poor performance. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Gross misconduct dismissal letter


What is it? This Gross Misconduct Notice of Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the ground of gross misconduct. An employee can be dismissed “on the spot” for gross misconduct eg fighting at work. Why is it important? However it is best practice to follow up a gross misconduct “on the spot dismissal” with a letter fully explaining the dismissal and the reasons for the dismissal. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for employees without unfair dismissal rights


What is it? This Dismissal Letter should be used to inform the employee of their dismissal when they have under two years’ service with the employer. Why is it important? It is best practice to put an employee on a performance improvement plan(PIP) first before dismissing them irrespective of their length of service. This letter can be used where an employee is dismissed either with or without having been put on a performance improvement plan. In all cases, the employer should adopt a professional and respectful tone when communicating with the soon-to-be dismissed employee. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




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.





Commercial notices

Share Purchase Agreement


What is it?

A Share purchase agreement (SPA) is an agreement setting out the terms and conditions relating to the sale and purchase of shares in a company. Share purchase agreements are often complex documents which can become lengthy and create significant delay, friction and cost if not dealt with by experienced, business minded lawyers.

Why is it important?

There is often a choice and negotiation over whether it’s best for either or both parties to buy/sell assets rather than shares. This would depend on whether the current owner (seller) is a limited company. If not, there can be no share sale! Further, where a buyer wants to preserve as many customer relations as possible, they may elect to buy the shares as opposed to assets.

The seller’s solicitor usually draws up the draft share purchase agreement.

Risks

While the buyer’s solicitor will try to protect the buyer the interest of the seller’s solicitor is to minimise this protection, in particular by limiting the seller’s liability for misrepresentation. However, in practice, where there is fraudulent misrepresentation the seller will still be liable so the buyer may accept such clauses since they are not valid if the seller can prove fraudulent misrepresentation.

Please contact us if you require specialist commercial lawyers to review, draft, negotiate, amend or generally advise on a share purchase agreement.




Asset Purchase Agreement


What is it?

An asset purchase agreement is an agreement setting out the terms and conditions relating to the sale and purchase of assets of a business. In an asset purchase, the company itself will be selling the assets, whilst in a share sale, the individual shareholders will be the sellers.

Occasionally a buyer will prefer to acquire certain assets of a business rather than acquire all of the shares in a company and therefore, both its assets and liabilities.

A buyer will normally prefer to buy the assets of a business, while the seller will prefer to sell the shares. The main benefit of an asset purchase is that a buyer may selectively pick the assets and liabilities they want to acquire and there is generally less risk of hidden liabilities than with a share purchase.

Risks

The main disadvantage of an asset sale, as opposed to a share purchase agreement is that each item must be transferred in accordance with its proper rules and made enforceable against third parties (eg through consents and approvals). This is especially the case for customer contracts, as a third party may view the transaction as an opportunity to renegotiate their contract thereby adding delay and additional costs to the transaction.

In addition, there may be other important contracts that are non-transferrable, or licences and consents unique to the seller which may not be transferrable.

In an asset sale it is vital to identify what exactly is being purchased. Assets transferred as part of an Asset purchase agreement may include:

  • Plant and machinery.
  • Premises;
  • Stock;
  • Contracts;
  • Know-how; and
  • Goodwill.

Please contact us if you require specialist commercial lawyers to review, draft, negotiate, amend or generally advise on a share purchase agreement.




Disclosure Letter


What is it?

A Non-Disclosure letter or Non-Disclosure Agreement, also called a Confidentiality Agreement, is a legal contract between two or more parties by which the parties agree not to disclose information (which is intended to be kept secret) that they have shared with each other during a business relationship to third parties.

Why is it important?

This Agreement may either be one-way (unilateral) or two-way (mutual), depending on whether both parties will be providing the secret information. If one party will be providing the secret information to the other, it is called a Unilateral Non-Disclosure Agreement.

For example, where an inventor of an idea is sharing the idea with another person, the inventor is the disclosing party and the other party is the receiving party. If the two parties will share the secret information between themselves, it is called a Mutual Non-Disclosure Agreement.

This Agreement can be used to share intellectual property, share commercial trading information or formalize a business relationship, for example, between an employer and an employee





Letting a commercial property

Software Development Agreement


What is it? Software is intellectual property. A software development agreement is an agreement between a business or an individual and a developer by which the individual or business hires the developer to create and deliver a specific piece of software. Why is it important? This agreement is important as it clarifies the relationship between the developer and the hirer or employer. Risks When you engage a software developer if you want the software created to belong to your company or to you, you must ensure that you agree and insert an ownership clause in the agreement. If there is no ownership clause the software created by the developer will automatically belong to the developer even if your company has spent millions of pounds developing the software.




Freelancer Agreement


What is it? You may use a self-employed freelancer to do a specific task eg work on a project, design your website or do your marketing for a specific period.The standard contract used to hire a freelancer is a consultancy agreement. 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. A company consultancy agreement is used to hire a freelancer who operates through their own limited company. An individual consultancy agreement is used to hire a freelancer directly. 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.




Internship Agreement


What is it? An intern may be a volunteer, a worker or an employee. An internship agreement is an agreement between an intern and an employer where the intern agrees to provide their services in exchange for training provided by the employer or business with no expectation that the internship will result in employment with the business. Why is it important? If your intern will just be shadowing staff and will be unpaid you won’t need a contract but it is good practice to send your intern a letter confirming the agreement terms. If you want your intern to work for your business rather than just shadow staff your intern will either be an employee or a casual worker. Risks You must have a proper contract for their status and treat them accordingly. If your intern is an employee or a casual work you must pay them the national minimum wage(NMW). If you do not pay them the NMW you are at risk of HMRC prosecuting you or the intern suing you in court.




Staff Handbook


What is it? A Staff handbook is an important living document for your employees that sets out your company’s operational policies, values and culture for current and future employees. There is no legal obligation to have a staff handbook, however as there are certain policies that you must give your employees by law (eg disciplinary and grievance policies and health and safety policies) it is best practice to start a handbook when you hire your first employee as it sets expectations for what behaviour is acceptable and desirable across your business and can protect you legally. Why is it important? A staff handbook can be contractual or non-contractual(i.e. binding or non-binding). It is best practice to make it non-contractual so that you can change it at your discretion without having to consult staff. Make sure you keep your handbook updated to reflect the law and ensure that the issue date is clearly shown on the handbook. Risks If you do not have a staff handbook and you are in dispute or engaged in legal proceedings with an employee it will be more difficult to verify your policies and procedures.




Job description


What is it? A job description sets out the scope of the role (i.e. duties and responsibilities), any skills, experience and qualifications required, the ethos and culture of your business, salary and other staff benefits. It is important as it helps you clarify what you are looking for and will also help candidates determine whether they have the skills and experience for the role. Why is it important? Always review your job description before every recruitment exercise to ensure it accurately describes the job in question. Failing to do so may dissuade suitable candidates from applying or encourage unsuitable candidates to apply. Risks It is essential that you avoid using discriminatory words in your job description eg “bright, energetic, young man” or “ an Italian” person when you actually require someone who speaks Italian as these would indicate a preference based on gender, disability, age and ethnicity.




Job offer letter


What is it? You should always confirm a job offer in writing and ask the candidate to confirm their acceptance of the offer. Why is it important? A job offer letter is a letter offering employment after an interview and summarising the basic terms of employment (if you are providing the employment contract with the offer letter) or summarising the main employment terms (if you will not be providing the employment contract until a later date) Risks Always ensure that the offer letter specifies the conditions to which the offer is subject eg “subject to satisfactory references” and that you retain a signed copy of the offer letter and contract in the staff member’s personnel records.




Non-executive director letter of appointment


What is it? This is a formal letter appointing a person as a non-executive director of a company. It sets out the key terms of the appointment and the director’s duties and responsibilities. Why is it important? As a director is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants.




Senior employment contract


What is it? This is a more complex contract of employment between a senior employee or director/executive and an employer . It sets out the employment terms and conditions of employment and the standard areas of the employment. Why is it important? As a senior executive is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants and ensure any intellectual property created by the employee belongs to the business.




Zero hours contract


What is it? This is a casual agreement between an individual and a business where the worker works “as and when” the employer needs the labour. There is no guarantee of any set hours and the worker is not obliged to work the hours offered. Why is it important? A zero-hours contract should be used where the business simply wishes to hire a worker on a casual basis and would benefit from not having to give the worker a guaranteed number of hours and days of work. This contract is useful for seasonal work or special events eg in the agriculture business, hospitality and catering business; when a business is entering a new market and is unsure of how many staff members it will need; in cases of unexpected absence from work eg to provide cover where there is sudden sickness or absence from work etc. They are often used in the healthcare, agriculture, hotels, restaurants and education sectors. In the UK workers operating under zero-hours contracts are entitled to rest breaks, annual leave, sick pay and protection from discrimination and must be paid the national minimum wage for hours worked. Risks Zero-hours contracts are controversial due to the uncertainty of the work and the fact there is no guaranteed employment. They do however serve a purpose by providing a flexible labour market and a route into more permanent employment. You should ensure that your zero-hours contract clearly sets out your employee’s employee status, rights and obligations.




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. Why is it important? 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. 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.




Employment contract


What is it? An employment contract is an agreement between the employer and employee setting out the rights and duties of the employer and employee. An employment agreement is vital as it forms the legal relationship between the employer and the employee. Why is it important? If you have employees, you are legally obliged to provide them with a written statement of their basic terms of employment in writing no later than two months after they start work. From 6 April 2020 this obligation will extend to casual workers and all new employees must be provided with this written statement and additional information on or before the staff member’s first day of work. Risks If things go wrong an employment agreement will clarify the legal relationship between the employer and employee and will help the court or tribunal in providing a solution in the event of a dispute between the employer and employee. Think of an employment contract as your passport to nurturing good employment relations with your staff and running a good, progressive business. If your employee will be part-time do note that part-time staff and fixed term staff (temporary employees) must be treated equally with full-time staff. This means that a part-time or temporary employee on the same role must get the same pay or benefits as a comparable full-time member of staff pro-rated for the length of time they will be with you. Comparable employees are those doing the same or broadly similar work at the same place of work or at a different location.




Change to employment terms letter


What is it?

As an employer sometimes you may have business reasons that means you need to change your employees terms and conditions of employment (eg basic rate, overtime, bonus, working location, duties and responsibilities, hours/days of work, holiday or sick pay entitlement). This is called a “variation” of the contracts of employment.

Why is it important?

You can only do this if (a) you have a provision in the contract that allows the change. This clause is usually called a “flexibility clause” and may be in your contract or Company Handbook. (b) the employees agree the change or (c) the employees representative eg a Trade Union agrees the change.

Risks

You must have sound business reasons for making any change and follow a fair consultation procedure with your employees before you introduce the changes. If the employees do not agree the change and you believe that it is a reasonable change you can force a new contract on your employees. However, this should be used only as a last resort as it could lead to an employee raising a grievance and ultimately a claim to an Employment Tribunal. Once the change has been agreed you should ensure that each employee signs the new contract to confirm the employee has accepted the change and that you keep a copy.

Please contact our employment solicitors if you are thinking of making a change to your employment contracts.




Working time directive opt out letter


What is it? The Working Time Directive prevents employees from being forced to work more than 48 hours per week unless they freely agree to opt out of the directive. To opt out of the 48 hours limit your employees can sign an “Opt-out of the Working Time Directive Agreement”. Why is it important? This is an agreement between an employer and a worker or employee for the purposes of the Working Time Regulations 1998 whereby the employee or worker agrees to opt-out of the maximum weekly working time limit of 48 hours for a period or indefinitely. Such agreements are usually signed by doctors, police officers a, long-haulage truck drivers and others whose jobs necessitate long working hours. Risks You cannot sack or treat your employee unfairly if they refused to opt out.




Probation letter


What is it? A probation letter is a letter by which an employer informs an employee that their probation period has finished and tells them the outcome of the probation. The outcome may be threefold: (a) that the employee has successfully completed their probationary period and their employment will continue OR (b) the employee’s probation will be extended as the employee’s performance needs to improve OR (c) the employee’s employment is being terminated as the employee has not met the company’s performance requirements. Our employment solicitors can provided you with a suite of sample employment probation letters to use as a guide. Employers should adapt the content to suit their requirements and or contact us for further advice if required.




Flexible working request


What is it? An employee can make a “flexible working request” to their employer if they want to work part-time instead of full-time, change their start and finishing times, work compressed hours(i.e. do their standard hours over fewer days), job-share or do “flexi-time”. Flexitime is where an employee is granted permission to be flexible with their start and finish times. Why is it important? The law provides that an employee has the right to make a flexible working request if (a) the employee has worked for their employer for at least 26 weeks (b) the member of staff is legally classed as an employee and (c) the employee has not made any other flexible working request in the last 12 months. By law, if the employee has the right to make the request the employer is obliged to look at the request fairly in accordance with the Acas Code of Practice on flexible working requests and, make a decision within 3 months.




Grievance letter


What is it?

A grievance is a concern, problem or complaint raised by an employee in the workplace about their work, their manager, other staff member or the workplace. It could be about the employee’s pay and benefits, work conditions, workload, bullying or harassment. There is no legally binding process that an employer must follow when handling a grievance at work. However, it is best practice as an employer to have a grievance procedure.

Why is it important?

A grievance procedure is one of the ways to resolve a problem at work. This procedure can be set out in the employment contract, company handbook, HR intranet site or in your Human Resources manual.

Risks

If you do not have a grievance procedure you should ensure that you follow the Acas Code of Practice on Disciplinary and Grievance procedures if an employee comes to you with a grievance.

When an employee raises a workplace grievance you must take them seriously. Whether or not the grievance is valid you must investigate the grievance as it could be having a negative effect on the staff concerned and may lead to disgruntled staff and loss of valuable staff. Having an informal chat when an employee comes to you with an issue may be all that is needed. If the chat does not resolve the problem, you must investigate the problem .An employee should not be dismissed or treated unfairly for raising a genuine grievance.

An employee who is disadvantaged or dismissed for raising a grievance can raise a claim in the Employment Tribunal for unfair dismissal or automatic unfair dismissal. An employee would usually be expected to lodge a grievance before claiming constructive dismissal otherwise any damages awarded the employee at the Employment Tribunal could be reduced.

Avoid grievances in your workplace by contacting Pure Business law, your expert employment lawyers.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Sale and Purchase of Commerial Property

Licence to assign


What is it? If you are a landlord of commercial property, and your lease to your tenant includes a provision that says that your tenant cannot assign the lease to another (the “assignee”) without your consent and your tenant wants to assign or transfer their lease obligations to another commercial tenant you need a licence to assign to give them your consent. Why is it important? If the lease absolutely prevents assignment, then you can refuse consent without stating a reason. However, if the lease prohibits assignment without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. A tenant’s request to assign the lease may be made orally, by letter or by email as there is no prescribed form for a tenant’s application for consent to assign. A landlord can charge a tenant a fee to register an assignment. Landlords generally insist that the tenant or lessee gives a guarantee (Authorised Guarantee Agreement “AGA”) in the lease to be responsible for any breaches of covenants by the assignee so that the landlord can claim against the original tenant if the assignee breaches any of its obligations under the lease.




Licence to sublet


What is it? A licence to sublet is an agreement between a landlord and a tenant that gives the tenant the right to sublet part or the whole of the property to another tenant (the “sub-tenant”). If the lease absolutely prevents sub-letting, then you can refuse consent without stating a reason. However, if the lease prohibits sub-letting without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. Why is it important? Where there is a sub-lease the sub-lessee’s landlord is the tenant or lessee so if the sub-lessee breaches its obligations under the sub-lease the lessee or tenant is the only person entitled to take action against the sub-lessee. Landlords generally insist that the sub-tenant joins in the licence to sublet so that the landlord can claim against the sub-tenant if there is any breach of its obligations under the sub-lease.




Sale Agreement


What is it? If you are selling a commercial property, we will prepare the sale contract and related documents, deal with all enquiries raised by the buyer’s solicitors, report to you and advise you and once the contract has been agreed, complete the transaction as quickly and effectively as possible.




Purchase Agreement


What is it? If you are buying a commercial property we will review, amend and advise you on the contract, raise all relevant enquiries, conduct searches, report to you, advise you and then once the parties have agreed the contract complete and register the conveyance as quickly and effectively as possible





Buying & Selling a business

Licence to assign


What is it? If you are a landlord of commercial property, and your lease to your tenant includes a provision that says that your tenant cannot assign the lease to another (the “assignee”) without your consent and your tenant wants to assign or transfer their lease obligations to another commercial tenant you need a licence to assign to give them your consent. Why is it important? If the lease absolutely prevents assignment, then you can refuse consent without stating a reason. However, if the lease prohibits assignment without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. A tenant’s request to assign the lease may be made orally, by letter or by email as there is no prescribed form for a tenant’s application for consent to assign. A landlord can charge a tenant a fee to register an assignment. Landlords generally insist that the tenant or lessee gives a guarantee (Authorised Guarantee Agreement “AGA”) in the lease to be responsible for any breaches of covenants by the assignee so that the landlord can claim against the original tenant if the assignee breaches any of its obligations under the lease.




Licence to sublet


What is it? A licence to sublet is an agreement between a landlord and a tenant that gives the tenant the right to sublet part or the whole of the property to another tenant (the “sub-tenant”). If the lease absolutely prevents sub-letting, then you can refuse consent without stating a reason. However, if the lease prohibits sub-letting without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. Why is it important? Where there is a sub-lease the sub-lessee’s landlord is the tenant or lessee so if the sub-lessee breaches its obligations under the sub-lease the lessee or tenant is the only person entitled to take action against the sub-lessee. Landlords generally insist that the sub-tenant joins in the licence to sublet so that the landlord can claim against the sub-tenant if there is any breach of its obligations under the sub-lease.




Sale Agreement


What is it? If you are selling a commercial property, we will prepare the sale contract and related documents, deal with all enquiries raised by the buyer’s solicitors, report to you and advise you and once the contract has been agreed, complete the transaction as quickly and effectively as possible.




Purchase Agreement


What is it? If you are buying a commercial property we will review, amend and advise you on the contract, raise all relevant enquiries, conduct searches, report to you, advise you and then once the parties have agreed the contract complete and register the conveyance as quickly and effectively as possible





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

Software Development Agreement


What is it? Software is intellectual property. A software development agreement is an agreement between a business or an individual and a developer by which the individual or business hires the developer to create and deliver a specific piece of software. Why is it important? This agreement is important as it clarifies the relationship between the developer and the hirer or employer. Risks When you engage a software developer if you want the software created to belong to your company or to you, you must ensure that you agree and insert an ownership clause in the agreement. If there is no ownership clause the software created by the developer will automatically belong to the developer even if your company has spent millions of pounds developing the software.




Freelancer Agreement


What is it? You may use a self-employed freelancer to do a specific task eg work on a project, design your website or do your marketing for a specific period.The standard contract used to hire a freelancer is a consultancy agreement. 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. A company consultancy agreement is used to hire a freelancer who operates through their own limited company. An individual consultancy agreement is used to hire a freelancer directly. 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.




Internship Agreement


What is it? An intern may be a volunteer, a worker or an employee. An internship agreement is an agreement between an intern and an employer where the intern agrees to provide their services in exchange for training provided by the employer or business with no expectation that the internship will result in employment with the business. Why is it important? If your intern will just be shadowing staff and will be unpaid you won’t need a contract but it is good practice to send your intern a letter confirming the agreement terms. If you want your intern to work for your business rather than just shadow staff your intern will either be an employee or a casual worker. Risks You must have a proper contract for their status and treat them accordingly. If your intern is an employee or a casual work you must pay them the national minimum wage(NMW). If you do not pay them the NMW you are at risk of HMRC prosecuting you or the intern suing you in court.




Staff Handbook


What is it? A Staff handbook is an important living document for your employees that sets out your company’s operational policies, values and culture for current and future employees. There is no legal obligation to have a staff handbook, however as there are certain policies that you must give your employees by law (eg disciplinary and grievance policies and health and safety policies) it is best practice to start a handbook when you hire your first employee as it sets expectations for what behaviour is acceptable and desirable across your business and can protect you legally. Why is it important? A staff handbook can be contractual or non-contractual(i.e. binding or non-binding). It is best practice to make it non-contractual so that you can change it at your discretion without having to consult staff. Make sure you keep your handbook updated to reflect the law and ensure that the issue date is clearly shown on the handbook. Risks If you do not have a staff handbook and you are in dispute or engaged in legal proceedings with an employee it will be more difficult to verify your policies and procedures.




Job description


What is it? A job description sets out the scope of the role (i.e. duties and responsibilities), any skills, experience and qualifications required, the ethos and culture of your business, salary and other staff benefits. It is important as it helps you clarify what you are looking for and will also help candidates determine whether they have the skills and experience for the role. Why is it important? Always review your job description before every recruitment exercise to ensure it accurately describes the job in question. Failing to do so may dissuade suitable candidates from applying or encourage unsuitable candidates to apply. Risks It is essential that you avoid using discriminatory words in your job description eg “bright, energetic, young man” or “ an Italian” person when you actually require someone who speaks Italian as these would indicate a preference based on gender, disability, age and ethnicity.




Job offer letter


What is it? You should always confirm a job offer in writing and ask the candidate to confirm their acceptance of the offer. Why is it important? A job offer letter is a letter offering employment after an interview and summarising the basic terms of employment (if you are providing the employment contract with the offer letter) or summarising the main employment terms (if you will not be providing the employment contract until a later date) Risks Always ensure that the offer letter specifies the conditions to which the offer is subject eg “subject to satisfactory references” and that you retain a signed copy of the offer letter and contract in the staff member’s personnel records.




Non-executive director letter of appointment


What is it? This is a formal letter appointing a person as a non-executive director of a company. It sets out the key terms of the appointment and the director’s duties and responsibilities. Why is it important? As a director is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants.




Senior employment contract


What is it? This is a more complex contract of employment between a senior employee or director/executive and an employer . It sets out the employment terms and conditions of employment and the standard areas of the employment. Why is it important? As a senior executive is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants and ensure any intellectual property created by the employee belongs to the business.




Zero hours contract


What is it? This is a casual agreement between an individual and a business where the worker works “as and when” the employer needs the labour. There is no guarantee of any set hours and the worker is not obliged to work the hours offered. Why is it important? A zero-hours contract should be used where the business simply wishes to hire a worker on a casual basis and would benefit from not having to give the worker a guaranteed number of hours and days of work. This contract is useful for seasonal work or special events eg in the agriculture business, hospitality and catering business; when a business is entering a new market and is unsure of how many staff members it will need; in cases of unexpected absence from work eg to provide cover where there is sudden sickness or absence from work etc. They are often used in the healthcare, agriculture, hotels, restaurants and education sectors. In the UK workers operating under zero-hours contracts are entitled to rest breaks, annual leave, sick pay and protection from discrimination and must be paid the national minimum wage for hours worked. Risks Zero-hours contracts are controversial due to the uncertainty of the work and the fact there is no guaranteed employment. They do however serve a purpose by providing a flexible labour market and a route into more permanent employment. You should ensure that your zero-hours contract clearly sets out your employee’s employee status, rights and obligations.




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. Why is it important? 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. 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.




Employment contract


What is it? An employment contract is an agreement between the employer and employee setting out the rights and duties of the employer and employee. An employment agreement is vital as it forms the legal relationship between the employer and the employee. Why is it important? If you have employees, you are legally obliged to provide them with a written statement of their basic terms of employment in writing no later than two months after they start work. From 6 April 2020 this obligation will extend to casual workers and all new employees must be provided with this written statement and additional information on or before the staff member’s first day of work. Risks If things go wrong an employment agreement will clarify the legal relationship between the employer and employee and will help the court or tribunal in providing a solution in the event of a dispute between the employer and employee. Think of an employment contract as your passport to nurturing good employment relations with your staff and running a good, progressive business. If your employee will be part-time do note that part-time staff and fixed term staff (temporary employees) must be treated equally with full-time staff. This means that a part-time or temporary employee on the same role must get the same pay or benefits as a comparable full-time member of staff pro-rated for the length of time they will be with you. Comparable employees are those doing the same or broadly similar work at the same place of work or at a different location.




Change to employment terms letter


What is it?

As an employer sometimes you may have business reasons that means you need to change your employees terms and conditions of employment (eg basic rate, overtime, bonus, working location, duties and responsibilities, hours/days of work, holiday or sick pay entitlement). This is called a “variation” of the contracts of employment.

Why is it important?

You can only do this if (a) you have a provision in the contract that allows the change. This clause is usually called a “flexibility clause” and may be in your contract or Company Handbook. (b) the employees agree the change or (c) the employees representative eg a Trade Union agrees the change.

Risks

You must have sound business reasons for making any change and follow a fair consultation procedure with your employees before you introduce the changes. If the employees do not agree the change and you believe that it is a reasonable change you can force a new contract on your employees. However, this should be used only as a last resort as it could lead to an employee raising a grievance and ultimately a claim to an Employment Tribunal. Once the change has been agreed you should ensure that each employee signs the new contract to confirm the employee has accepted the change and that you keep a copy.

Please contact our employment solicitors if you are thinking of making a change to your employment contracts.




Working time directive opt out letter


What is it? The Working Time Directive prevents employees from being forced to work more than 48 hours per week unless they freely agree to opt out of the directive. To opt out of the 48 hours limit your employees can sign an “Opt-out of the Working Time Directive Agreement”. Why is it important? This is an agreement between an employer and a worker or employee for the purposes of the Working Time Regulations 1998 whereby the employee or worker agrees to opt-out of the maximum weekly working time limit of 48 hours for a period or indefinitely. Such agreements are usually signed by doctors, police officers a, long-haulage truck drivers and others whose jobs necessitate long working hours. Risks You cannot sack or treat your employee unfairly if they refused to opt out.




Probation letter


What is it? A probation letter is a letter by which an employer informs an employee that their probation period has finished and tells them the outcome of the probation. The outcome may be threefold: (a) that the employee has successfully completed their probationary period and their employment will continue OR (b) the employee’s probation will be extended as the employee’s performance needs to improve OR (c) the employee’s employment is being terminated as the employee has not met the company’s performance requirements. Our employment solicitors can provided you with a suite of sample employment probation letters to use as a guide. Employers should adapt the content to suit their requirements and or contact us for further advice if required.




Flexible working request


What is it? An employee can make a “flexible working request” to their employer if they want to work part-time instead of full-time, change their start and finishing times, work compressed hours(i.e. do their standard hours over fewer days), job-share or do “flexi-time”. Flexitime is where an employee is granted permission to be flexible with their start and finish times. Why is it important? The law provides that an employee has the right to make a flexible working request if (a) the employee has worked for their employer for at least 26 weeks (b) the member of staff is legally classed as an employee and (c) the employee has not made any other flexible working request in the last 12 months. By law, if the employee has the right to make the request the employer is obliged to look at the request fairly in accordance with the Acas Code of Practice on flexible working requests and, make a decision within 3 months.




Grievance letter


What is it?

A grievance is a concern, problem or complaint raised by an employee in the workplace about their work, their manager, other staff member or the workplace. It could be about the employee’s pay and benefits, work conditions, workload, bullying or harassment. There is no legally binding process that an employer must follow when handling a grievance at work. However, it is best practice as an employer to have a grievance procedure.

Why is it important?

A grievance procedure is one of the ways to resolve a problem at work. This procedure can be set out in the employment contract, company handbook, HR intranet site or in your Human Resources manual.

Risks

If you do not have a grievance procedure you should ensure that you follow the Acas Code of Practice on Disciplinary and Grievance procedures if an employee comes to you with a grievance.

When an employee raises a workplace grievance you must take them seriously. Whether or not the grievance is valid you must investigate the grievance as it could be having a negative effect on the staff concerned and may lead to disgruntled staff and loss of valuable staff. Having an informal chat when an employee comes to you with an issue may be all that is needed. If the chat does not resolve the problem, you must investigate the problem .An employee should not be dismissed or treated unfairly for raising a genuine grievance.

An employee who is disadvantaged or dismissed for raising a grievance can raise a claim in the Employment Tribunal for unfair dismissal or automatic unfair dismissal. An employee would usually be expected to lodge a grievance before claiming constructive dismissal otherwise any damages awarded the employee at the Employment Tribunal could be reduced.

Avoid grievances in your workplace by contacting Pure Business law, your expert employment lawyers.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Health & Safety

Licence to assign


What is it? If you are a landlord of commercial property, and your lease to your tenant includes a provision that says that your tenant cannot assign the lease to another (the “assignee”) without your consent and your tenant wants to assign or transfer their lease obligations to another commercial tenant you need a licence to assign to give them your consent. Why is it important? If the lease absolutely prevents assignment, then you can refuse consent without stating a reason. However, if the lease prohibits assignment without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. A tenant’s request to assign the lease may be made orally, by letter or by email as there is no prescribed form for a tenant’s application for consent to assign. A landlord can charge a tenant a fee to register an assignment. Landlords generally insist that the tenant or lessee gives a guarantee (Authorised Guarantee Agreement “AGA”) in the lease to be responsible for any breaches of covenants by the assignee so that the landlord can claim against the original tenant if the assignee breaches any of its obligations under the lease.




Licence to sublet


What is it? A licence to sublet is an agreement between a landlord and a tenant that gives the tenant the right to sublet part or the whole of the property to another tenant (the “sub-tenant”). If the lease absolutely prevents sub-letting, then you can refuse consent without stating a reason. However, if the lease prohibits sub-letting without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. Why is it important? Where there is a sub-lease the sub-lessee’s landlord is the tenant or lessee so if the sub-lessee breaches its obligations under the sub-lease the lessee or tenant is the only person entitled to take action against the sub-lessee. Landlords generally insist that the sub-tenant joins in the licence to sublet so that the landlord can claim against the sub-tenant if there is any breach of its obligations under the sub-lease.




Sale Agreement


What is it? If you are selling a commercial property, we will prepare the sale contract and related documents, deal with all enquiries raised by the buyer’s solicitors, report to you and advise you and once the contract has been agreed, complete the transaction as quickly and effectively as possible.




Purchase Agreement


What is it? If you are buying a commercial property we will review, amend and advise you on the contract, raise all relevant enquiries, conduct searches, report to you, advise you and then once the parties have agreed the contract complete and register the conveyance as quickly and effectively as possible





 
 
 
 

Planning & Highways

Software Development Agreement


What is it? Software is intellectual property. A software development agreement is an agreement between a business or an individual and a developer by which the individual or business hires the developer to create and deliver a specific piece of software. Why is it important? This agreement is important as it clarifies the relationship between the developer and the hirer or employer. Risks When you engage a software developer if you want the software created to belong to your company or to you, you must ensure that you agree and insert an ownership clause in the agreement. If there is no ownership clause the software created by the developer will automatically belong to the developer even if your company has spent millions of pounds developing the software.




Freelancer Agreement


What is it? You may use a self-employed freelancer to do a specific task eg work on a project, design your website or do your marketing for a specific period.The standard contract used to hire a freelancer is a consultancy agreement. 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. A company consultancy agreement is used to hire a freelancer who operates through their own limited company. An individual consultancy agreement is used to hire a freelancer directly. 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.




Internship Agreement


What is it? An intern may be a volunteer, a worker or an employee. An internship agreement is an agreement between an intern and an employer where the intern agrees to provide their services in exchange for training provided by the employer or business with no expectation that the internship will result in employment with the business. Why is it important? If your intern will just be shadowing staff and will be unpaid you won’t need a contract but it is good practice to send your intern a letter confirming the agreement terms. If you want your intern to work for your business rather than just shadow staff your intern will either be an employee or a casual worker. Risks You must have a proper contract for their status and treat them accordingly. If your intern is an employee or a casual work you must pay them the national minimum wage(NMW). If you do not pay them the NMW you are at risk of HMRC prosecuting you or the intern suing you in court.




Staff Handbook


What is it? A Staff handbook is an important living document for your employees that sets out your company’s operational policies, values and culture for current and future employees. There is no legal obligation to have a staff handbook, however as there are certain policies that you must give your employees by law (eg disciplinary and grievance policies and health and safety policies) it is best practice to start a handbook when you hire your first employee as it sets expectations for what behaviour is acceptable and desirable across your business and can protect you legally. Why is it important? A staff handbook can be contractual or non-contractual(i.e. binding or non-binding). It is best practice to make it non-contractual so that you can change it at your discretion without having to consult staff. Make sure you keep your handbook updated to reflect the law and ensure that the issue date is clearly shown on the handbook. Risks If you do not have a staff handbook and you are in dispute or engaged in legal proceedings with an employee it will be more difficult to verify your policies and procedures.




Job description


What is it? A job description sets out the scope of the role (i.e. duties and responsibilities), any skills, experience and qualifications required, the ethos and culture of your business, salary and other staff benefits. It is important as it helps you clarify what you are looking for and will also help candidates determine whether they have the skills and experience for the role. Why is it important? Always review your job description before every recruitment exercise to ensure it accurately describes the job in question. Failing to do so may dissuade suitable candidates from applying or encourage unsuitable candidates to apply. Risks It is essential that you avoid using discriminatory words in your job description eg “bright, energetic, young man” or “ an Italian” person when you actually require someone who speaks Italian as these would indicate a preference based on gender, disability, age and ethnicity.




Job offer letter


What is it? You should always confirm a job offer in writing and ask the candidate to confirm their acceptance of the offer. Why is it important? A job offer letter is a letter offering employment after an interview and summarising the basic terms of employment (if you are providing the employment contract with the offer letter) or summarising the main employment terms (if you will not be providing the employment contract until a later date) Risks Always ensure that the offer letter specifies the conditions to which the offer is subject eg “subject to satisfactory references” and that you retain a signed copy of the offer letter and contract in the staff member’s personnel records.




Non-executive director letter of appointment


What is it? This is a formal letter appointing a person as a non-executive director of a company. It sets out the key terms of the appointment and the director’s duties and responsibilities. Why is it important? As a director is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants.




Senior employment contract


What is it? This is a more complex contract of employment between a senior employee or director/executive and an employer . It sets out the employment terms and conditions of employment and the standard areas of the employment. Why is it important? As a senior executive is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants and ensure any intellectual property created by the employee belongs to the business.




Zero hours contract


What is it? This is a casual agreement between an individual and a business where the worker works “as and when” the employer needs the labour. There is no guarantee of any set hours and the worker is not obliged to work the hours offered. Why is it important? A zero-hours contract should be used where the business simply wishes to hire a worker on a casual basis and would benefit from not having to give the worker a guaranteed number of hours and days of work. This contract is useful for seasonal work or special events eg in the agriculture business, hospitality and catering business; when a business is entering a new market and is unsure of how many staff members it will need; in cases of unexpected absence from work eg to provide cover where there is sudden sickness or absence from work etc. They are often used in the healthcare, agriculture, hotels, restaurants and education sectors. In the UK workers operating under zero-hours contracts are entitled to rest breaks, annual leave, sick pay and protection from discrimination and must be paid the national minimum wage for hours worked. Risks Zero-hours contracts are controversial due to the uncertainty of the work and the fact there is no guaranteed employment. They do however serve a purpose by providing a flexible labour market and a route into more permanent employment. You should ensure that your zero-hours contract clearly sets out your employee’s employee status, rights and obligations.




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. Why is it important? 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. 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.




Employment contract


What is it? An employment contract is an agreement between the employer and employee setting out the rights and duties of the employer and employee. An employment agreement is vital as it forms the legal relationship between the employer and the employee. Why is it important? If you have employees, you are legally obliged to provide them with a written statement of their basic terms of employment in writing no later than two months after they start work. From 6 April 2020 this obligation will extend to casual workers and all new employees must be provided with this written statement and additional information on or before the staff member’s first day of work. Risks If things go wrong an employment agreement will clarify the legal relationship between the employer and employee and will help the court or tribunal in providing a solution in the event of a dispute between the employer and employee. Think of an employment contract as your passport to nurturing good employment relations with your staff and running a good, progressive business. If your employee will be part-time do note that part-time staff and fixed term staff (temporary employees) must be treated equally with full-time staff. This means that a part-time or temporary employee on the same role must get the same pay or benefits as a comparable full-time member of staff pro-rated for the length of time they will be with you. Comparable employees are those doing the same or broadly similar work at the same place of work or at a different location.




Change to employment terms letter


What is it?

As an employer sometimes you may have business reasons that means you need to change your employees terms and conditions of employment (eg basic rate, overtime, bonus, working location, duties and responsibilities, hours/days of work, holiday or sick pay entitlement). This is called a “variation” of the contracts of employment.

Why is it important?

You can only do this if (a) you have a provision in the contract that allows the change. This clause is usually called a “flexibility clause” and may be in your contract or Company Handbook. (b) the employees agree the change or (c) the employees representative eg a Trade Union agrees the change.

Risks

You must have sound business reasons for making any change and follow a fair consultation procedure with your employees before you introduce the changes. If the employees do not agree the change and you believe that it is a reasonable change you can force a new contract on your employees. However, this should be used only as a last resort as it could lead to an employee raising a grievance and ultimately a claim to an Employment Tribunal. Once the change has been agreed you should ensure that each employee signs the new contract to confirm the employee has accepted the change and that you keep a copy.

Please contact our employment solicitors if you are thinking of making a change to your employment contracts.




Working time directive opt out letter


What is it? The Working Time Directive prevents employees from being forced to work more than 48 hours per week unless they freely agree to opt out of the directive. To opt out of the 48 hours limit your employees can sign an “Opt-out of the Working Time Directive Agreement”. Why is it important? This is an agreement between an employer and a worker or employee for the purposes of the Working Time Regulations 1998 whereby the employee or worker agrees to opt-out of the maximum weekly working time limit of 48 hours for a period or indefinitely. Such agreements are usually signed by doctors, police officers a, long-haulage truck drivers and others whose jobs necessitate long working hours. Risks You cannot sack or treat your employee unfairly if they refused to opt out.




Probation letter


What is it? A probation letter is a letter by which an employer informs an employee that their probation period has finished and tells them the outcome of the probation. The outcome may be threefold: (a) that the employee has successfully completed their probationary period and their employment will continue OR (b) the employee’s probation will be extended as the employee’s performance needs to improve OR (c) the employee’s employment is being terminated as the employee has not met the company’s performance requirements. Our employment solicitors can provided you with a suite of sample employment probation letters to use as a guide. Employers should adapt the content to suit their requirements and or contact us for further advice if required.




Flexible working request


What is it? An employee can make a “flexible working request” to their employer if they want to work part-time instead of full-time, change their start and finishing times, work compressed hours(i.e. do their standard hours over fewer days), job-share or do “flexi-time”. Flexitime is where an employee is granted permission to be flexible with their start and finish times. Why is it important? The law provides that an employee has the right to make a flexible working request if (a) the employee has worked for their employer for at least 26 weeks (b) the member of staff is legally classed as an employee and (c) the employee has not made any other flexible working request in the last 12 months. By law, if the employee has the right to make the request the employer is obliged to look at the request fairly in accordance with the Acas Code of Practice on flexible working requests and, make a decision within 3 months.




Grievance letter


What is it?

A grievance is a concern, problem or complaint raised by an employee in the workplace about their work, their manager, other staff member or the workplace. It could be about the employee’s pay and benefits, work conditions, workload, bullying or harassment. There is no legally binding process that an employer must follow when handling a grievance at work. However, it is best practice as an employer to have a grievance procedure.

Why is it important?

A grievance procedure is one of the ways to resolve a problem at work. This procedure can be set out in the employment contract, company handbook, HR intranet site or in your Human Resources manual.

Risks

If you do not have a grievance procedure you should ensure that you follow the Acas Code of Practice on Disciplinary and Grievance procedures if an employee comes to you with a grievance.

When an employee raises a workplace grievance you must take them seriously. Whether or not the grievance is valid you must investigate the grievance as it could be having a negative effect on the staff concerned and may lead to disgruntled staff and loss of valuable staff. Having an informal chat when an employee comes to you with an issue may be all that is needed. If the chat does not resolve the problem, you must investigate the problem .An employee should not be dismissed or treated unfairly for raising a genuine grievance.

An employee who is disadvantaged or dismissed for raising a grievance can raise a claim in the Employment Tribunal for unfair dismissal or automatic unfair dismissal. An employee would usually be expected to lodge a grievance before claiming constructive dismissal otherwise any damages awarded the employee at the Employment Tribunal could be reduced.

Avoid grievances in your workplace by contacting Pure Business law, your expert employment lawyers.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


 

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:

  1. A letter setting out the issue.

  2. A meeting to discuss the issue.

  3. A disciplinary decision.

  4. 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? This is a letter that can be used to inform the employee that the employee will be suspended pending investigation of the disciplinary allegations.




Dismissal letter for misconduct


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the grounds of misconduct falling short of Gross Misconduct. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for poor performance


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal for poor performance. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Gross misconduct dismissal letter


What is it? This Gross Misconduct Notice of Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the ground of gross misconduct. An employee can be dismissed “on the spot” for gross misconduct eg fighting at work. Why is it important? However it is best practice to follow up a gross misconduct “on the spot dismissal” with a letter fully explaining the dismissal and the reasons for the dismissal. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for employees without unfair dismissal rights


What is it? This Dismissal Letter should be used to inform the employee of their dismissal when they have under two years’ service with the employer. Why is it important? It is best practice to put an employee on a performance improvement plan(PIP) first before dismissing them irrespective of their length of service. This letter can be used where an employee is dismissed either with or without having been put on a performance improvement plan. In all cases, the employer should adopt a professional and respectful tone when communicating with the soon-to-be dismissed employee. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




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

Licence to assign


What is it? If you are a landlord of commercial property, and your lease to your tenant includes a provision that says that your tenant cannot assign the lease to another (the “assignee”) without your consent and your tenant wants to assign or transfer their lease obligations to another commercial tenant you need a licence to assign to give them your consent. Why is it important? If the lease absolutely prevents assignment, then you can refuse consent without stating a reason. However, if the lease prohibits assignment without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. A tenant’s request to assign the lease may be made orally, by letter or by email as there is no prescribed form for a tenant’s application for consent to assign. A landlord can charge a tenant a fee to register an assignment. Landlords generally insist that the tenant or lessee gives a guarantee (Authorised Guarantee Agreement “AGA”) in the lease to be responsible for any breaches of covenants by the assignee so that the landlord can claim against the original tenant if the assignee breaches any of its obligations under the lease.




Licence to sublet


What is it? A licence to sublet is an agreement between a landlord and a tenant that gives the tenant the right to sublet part or the whole of the property to another tenant (the “sub-tenant”). If the lease absolutely prevents sub-letting, then you can refuse consent without stating a reason. However, if the lease prohibits sub-letting without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. Why is it important? Where there is a sub-lease the sub-lessee’s landlord is the tenant or lessee so if the sub-lessee breaches its obligations under the sub-lease the lessee or tenant is the only person entitled to take action against the sub-lessee. Landlords generally insist that the sub-tenant joins in the licence to sublet so that the landlord can claim against the sub-tenant if there is any breach of its obligations under the sub-lease.




Sale Agreement


What is it? If you are selling a commercial property, we will prepare the sale contract and related documents, deal with all enquiries raised by the buyer’s solicitors, report to you and advise you and once the contract has been agreed, complete the transaction as quickly and effectively as possible.




Purchase Agreement


What is it? If you are buying a commercial property we will review, amend and advise you on the contract, raise all relevant enquiries, conduct searches, report to you, advise you and then once the parties have agreed the contract complete and register the conveyance as quickly and effectively as possible





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Pure Business Law is the trading name for Pure Business Law Ltd-a private limited company registered in England & Wales with company registration number 10405413. Registered office and Principal place of business : Excel House, 3 Duke Street, Bedford. MK40 3HR. VAT number 265 5386 75.

 

 

Pure Business Law is authorised and regulated by the Solicitors Regulation Authority (SRA number 635679)- we are governed by the SRA's  professional rules which may be found at www.rules.sra.org.uk. A list of our directors is available on request.  The term "director" denotes a shareholder or director of the company or an employee or consultant who is a lawyer with equivalent standing and qualifications. Calls may be recorded for security and training purposes.

 

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