2006 - June
Don’t come unstuck whilst recruiting
Over the past year, there’s been a big increase in the number of conditions which are protected by the Disability Discrimination Act. In light of this, how should you now deal with a potential disability at the recruitment stage?
You’re considering your staff remuneration package. One option is to offer contractual sick pay (i.e. more than the statutory minimum). What are the key factors to take into account?
A new recruit should have started work, but has failed to turn up. He’s now informed you that he’s staying where he is. You want to sue him, but is this always the best course of action? If not, why not?
Since December 2003, gay workers have been protected from unfair dismissal as a result of their sexual orientation. What lessons can you learn from one of the first cases to be heard under this new legislation?
Part-timers’ entitlement to leave
The Spring bank holidays created a few issues for your part-timers who don’t work Mondays. Following a new case, are they entitled to pro-rata holiday leave?
There are many situations in which you might need to make a deduction from an employee’s pay, e.g. to recover training costs. However, the law lays down strict rules here. So what do you need to know to play it safe?
If the police are investigating an employee because of alleged misconduct at work, can you rely on them to do your investigative work for you? What’s the position in light of a recent case?
If you take out a loan to fund the purchase of business premises you’d hope that any interest you pay would be tax-deductible in full. However, any non-business use of the property will affect this. How can you maximise your claim?
A colleague has told you that his accountant has recently added £4,000 tax-free to his director’s loan account for the use of his car by the company. Is this something you should be considering?
It’s official, a recent press report has confirmed that the VATman employs robots to carry out investigations. What’s the full story here?
If, for some reason, you fail to send in your VAT return, the VATman will issue a central assessment for a specified amount. If this looks to be less than your actual liability what should you do?
Your annual returns of expenses and benefits (P11Ds etc.) for 2005/6 are due to be with the Taxman by July 6, 2006. Does it really matter if you accidentally leave something off the form?
The Taxman’s PAYE literature suggests you can’t pay casual workers in cash, you have to put them through your payroll instead. Is this true? If so, what can you do about workers you’ve already paid in cash?
Lots of us, in our heart of hearts, are frustrated jet setters. We would love, but can’t afford, to own and run our own yacht or private plane. Is there a way that the company could pay for it instead?
You want to grow your business by acquiring another company but you’re worried that it could be a complicated and costly exercise. What are the key things to consider to ensure a trouble-free purchase?
Just over a year ago you issued an employee with a final written warning. Now he’s repeated the same bad behaviour. Can you take account of this warning, even though it’s now out-of-date?
As a director, owing the company money at the end of the year can be a bit of a problem. If it’s too late to correct it next year, what can you do to prevent things getting even worse?
Like many successful directors, you realise that there’s money to be made from property. But if you invest in a buy-to-let, won’t there be a nasty tax bill when you come to sell? And if so, how can it be avoided?
New pension simplification rules that came into force in April have unintentionally created opportunities for conmen. What should you look out for?
Like many companies you probably run several vehicles. Insuring them is expensive (especially following a claim) so should you cover them all under a fleet policy or is there a cost-effective alternative?
Your company has had an exceptionally good year but the next six months are looking a bit slower. Is it possible to reduce the amount of tax you pay by changing the company’s year-end?
Green fingers lead to bloody hands
You’ve employed a gardener to look after a small patch of land with a lawn and a few flowers. Whilst reviewing your contractors you didn’t find any paperwork for the gardener. Do you need any, and if so, what?
The HSE and local authorities have launched their latest working at height campaign. Who’s the focus of attention and what will they be looking for?
Follow the guidance on the screen
We recently attended a major health and safety exhibition, at which we ran into numerous companies offering online workstation assessment software. We decided to find if they’re as good as they claim to be. What did we find out?
“I live on the 32nd floor; didn’t I tell you?”
You’ve identified that your delivery driver carries out the most manual handling operations of all your staff. What can you learn from a major high street retailer who, when faced with the same problem, spent a lot of time and effort on it?
Those employees who handle cash as part of their job face increased risks of violence as a result. So why not use our cash handling checklist to help you manage the numerous safety issues connected with this activity?
During the warmer weather staff have asked if they can eat outside. What possible health and safety implications could this have and do you really need to think about controlling them?
Whatever you do, don’t say that!
An Irish waste management company was fined following the death of one of their employees. What made the court take a harsher line than they might have and how can you avoid following suit?
You’ll know that the Disability Discrimination Act (DDA) prevents you from discriminating against disabled job applicants. But what about existing staff? How far are you expected to go in accommodating them?
You only pay Statutory Sick Pay when staff are off sick. You suspect that an employee’s recent absence wasn’t genuine. If so, must you still pay him, and if not, what procedure should you follow?
In any working environment a certain amount of staff banter is expected, perhaps even desirable. You assume that everyone understands each other and that no offence is ever taken. Why might this assumption cost you?
Refusing part-time work requests
You could be forgiven for thinking that your female staff enjoy almost unlimited rights to solve childcare problems by requesting part-time working. However, a recent finding shows that this isn’t always the case. What’s the latest?
A subscriber has recently offered jobs to two candidates who failed to start due to “travel difficulties”. As this wasted effort in terms of recruitment, they want to know if they can reject applicants who live a long way away. Is this possible?
From October 1, 2006, the over-65s may claim unfair dismissal if you force them to retire. But does a new case allow you to get rid of them before this deadline?
When staff won’t accept restrictions
If you need to introduce restrictive covenants for business reasons, you’re likely to encounter resistance from those who will be affected. In light of new case law, can you dismiss staff who refuse to play ball?
The Taxman’s website has a special section on the home page urging tax credit claimants to return their renewal forms early. What’s new? Is there any need to panic?
What should you do if you discover that a fellow director’s been dealing on the side? What does the latest case say?
Your thoughts are turning to a well-earned summer holiday. This means you’ll have to leave the company in someone else’s hands. What can you do to cover your backside while you’re away?
Naturally, you have insurance. But what if one of your employees is on a customer’s premises and accidentally causes some damage? Should you settle it directly or go through your insurer? What are the risks involved?
The Taxman offers a free valuation checking service to help you complete details of capital gains on your tax return. Recently, he’s even extended this to negligible value claims. How can you take advantage of this change?
Occupiers’ liability - what’s the latest?
Recently, the press has been full of stories about big payouts to individuals who’ve had an accident whilst on someone else’s property. What’s the current legal position and what can you do to protect yourself?
There’s a rumour doing the rounds that taxpayers will have to file their tax returns by November 30 this year. What’s the full story?
A minority shareholder is planning on selling his interest in the company. You want to ensure his shares don’t fall into the wrong hands (potentially those of a competitor?). How much control do you have?
Summer’s here and you want to learn a new language for use on your holiday. One-to-one language lessons are not cheap, but we have found a way for your company to foot the bill, tax-free. How’s it done?
The Taxman’s case against a husband and wife’s business contended that the stock figures in the accounts were little better than guesses. How can you protect yourself from a similar line of attack?
£43 per hour? That’ll do nicely
Your spouse (or another family member) has just joined your company as a freelance consultant. However, they’re not sure how much their services are worth to your clients. Is there a simple way to calculate charge-out rates?
Generally speaking, the recovery of input tax on company cars is specifically blocked. However, if the vehicle is a pool car can you claim the VAT back on its purchase price?
What do you keep in your garage?
If you have to store, say, product samples for your customers in your own garage can your business pay for this? Does it make any difference if you are self-employed or employed?
With the scope of anti-discrimination legislation continuing to expand, it’s easy to break the law without realising it - especially in your recruitment ads. How can you avoid that risk in a simple way?
The Law Lords have made a groundbreaking ruling, which will affect all asbestos claims. What’s changed and how might if affect your business?
The great British desire to remove items of clothing as soon as the sun comes out is in evidence again. But someone has warned that you could be liable if you staff suffer skin cancer as a result of doing so. Is this really the case?
Industry has been warned to review stacking and storage procedures following a near fatal accident and a prosecution by the HSE. What did this case identify as potential hazards and how can you avoid a similar incident?
You’ve had to go through a contractor selection process to work for a new client. As part of the process they wanted to know who your safety advisor is. You don’t have one. Is this going to cause a problem?
“You won’t even know we’re here”
You’ve employed a building contractor to do some renovation works in your offices. The contractor says that you won’t even know he’s there and to carry on with your business. You’re sceptical; should you be?
“What does that button do?” Or “That looks simple why do you need the instructions?” These are questions which often result in something painful. How can you avoid this happening in your business?
You’ve heard a rumour that you can get deep vein thrombosis from sitting at your desk for too long. Is this really the case and if so, what steps can you take to minimise any risks?
A while ago you agreed to allow an employee to work flexibly. However, she’s developed a pattern of taking more and more child-related time off. You don’t have unlimited resources, so how should you respond?
A subscriber’s employee turned up to work with a hangover. They sent him home, but are concerned as to potential liability if there had been a road traffic accident. What’s the legal situation?
A key member of staff tells you he’s been offered a job elsewhere that pays a lot more than you do. Whilst you don’t want to see him go, you’re worried that you could set a precedent if you increase his pay. What are the options?
Don’t forget the correct procedures
Much has been written about the statutory dismissal and disciplinary procedures in the context of poorly performing employees. But what about redundancy? As this is also regarded as a “dismissal”, what procedures need to be followed?
Tuhaanuu angrezi aandii hai? (do you speak English?)
A group of workers has started to speak Punjabi at work. Other staff feel they’re being excluded from conversations and are being talked about in their presence. Is it acceptable to ask your workers to communicate in English whilst at work?
Costs of unreasonable behaviour
As you know, tribunal claims can be very costly. However, they can get even costlier if the tribunal is of the opinion that your behaviour (or the claimant’s) has been unreasonable. What should you be aware of?
The new age discrimination legislation is now in its final form. So what’s changed since the draft regulations were first published last year?
Watch out, the agency is about
A colleague was recently inspected by the Environment Agency. Could you be next in line? Do they select at random and how should you deal with them during an inspection?
You don’t pay the Climate Change Levy on your home bills, but you do on your business’ consumption of energy. Is it avoidable and if not, how can it be reduced?
The avian ‘flu virus has finally reached British shores. What are the environmental implications and how might your business be affected?
More and more businesses are asking to see an environmental policy statement to comply with the requirements of, e.g. ISO 14001. What if you don’t have one - is it easy to put together?
Directors always seem to be personally in the line of fire when there are problems. What’s the story when it comes to environmental issues? Should you be worried in light of recent case law?
You have an external, above-ground, tank for fuel oil for your heating system. When it was filled recently the tanker driver mentioned the new oil storage rules. What are they and how do they affect you?
Some out-of-date refrigeration units are in need of replacement. What steps do you need to follow to ensure they are disposed of safely and legally and without adding to the UK’s existing fridge mountain?