2006 - November
Your employee’s been off work for months and you’ve just received a medical report stating that he won’t be able to return to work in any capacity in the foreseeable future. Is it now safe to sack him?
Give yourself room to manoeuvre
There will be times when you need to change an employee’s job function, working hours and/or practice. But given that employees seem to have cast-iron protection these days, how can it be done?
As you know, written warnings can be taken into consideration when deciding whether to dismiss an employee. But is it safe to rely on expired warnings? What does a recent case have to say?
Get your pen out to avoid the hidden trap
Although the “new” disciplinary procedures have been with us for more than two years, it seems that many employers still haven’t got to grips with them. How can you avoid one of the most dangerous traps?
As you know, you must pay staff for the hours they work. But following a new case, does being “at work” necessarily require an employee to even be awake?
An employee has told you they’re considering adoption and wishes to discuss what benefits they’ll be entitled to during this period. You’ve really no idea, so what is the legal position and can you limit the benefits in any way?
Most of the high-profile cases involving bullying have involved male managers. However, a new case warns of the perils of overlooking situations where the aggressors are all females. What’s the latest you need to be aware of?
Your son/daughter is coming home from University for the Christmas break. Already they’re insisting that they simply must have a car to use when they go back. OK, but couldn’t you run it as a company car?
Tax-deductible Christmas gifts
Christmas is coming and your thoughts are turning to business gifts. What exactly are the tax rules surrounding these?
You know that there are rules regarding when you have to add Output VAT to your invoices. But you might not know that there are instances when you can delay having to pay this over to the VATman. How can this be?
The heating is on in the office but some of your staff are complaining that it’s still too cold to work effectively. Rather than turn the heating up could you buy them each a “company jumper” instead?
January sees the deadline for paying any personal tax you owe for 2005/6. But did you know you could backdate your next pension contribution to reduce this January 31 bill. What’s involved?
You’re in the process of negotiating a new lease. You anticipate incurring costs in making the building suitable and so have asked for an incentive to sign by way of a rent-free period. Will this affect your company’s tax bill?
Last year’s Christmas party was a great success. However, when the P11Ds were prepared in June this year, it turned into a tax disaster. What was the problem and how can you avoid this happening to you?
The Taxman’s given you the delightful news that he’s to open an investigation into your tax affairs. You’ve nothing to hide, but where did he get his information? What are his top ten sources?
Your company depends on insurance against a variety of perils. You pay a small fortune in premiums yet when you came to make a claim last year the insurer made you jump through hoops. How can you succeed with future claims?
Your business is comprised of several trading companies. However this may lead to a higher corporation tax bill than is necessary. Is there a way to pay less tax that won’t affect profitability?
How to avoid buying a pig in a poke
You’re expanding your company and considering making your first acquisition. How can you make sure the business is everything the seller says it is? What can you do to protect your position?
Has your spouse guaranteed your debts?
Although it’s generally a bad idea to give a personal guarantee, we know that sometimes it’s unavoidable. But what if your spouse is asked to sign too? What could be the liability implications?
Your company has an identity which is recorded at Companies House. How can you prevent yours from falling into the wrong hands?
Following a recent inspection by the Health & Safety Executive, you’ve been advised to set up a formal committee to discuss any health and safety issues which arise. Is it necessary and could it really help avoid personal liability?
We’ve got all safety issues covered!
A recent case seems to have blown the theory “a good safety record will prevent prosecution” out of the water. Is this really the case, or did the inspector act for another reason? How can you avoid a similar experience?
One of your employees is refusing to drive his company car as he says there’s a chip in the windscreen that makes it unsafe. How should you deal with this and where do you stand if you ask him to drive the car until it’s repaired?
A consultant has suggested you carry out a SWOT analysis on how you manage health and safety, and he’s offered his services to do it for you. Is this analysis a good idea and do you really need any help?
We all know that keeping floors clean can minimise slips and trips. But what did a recent in-depth study into the subject identify that isn’t so obvious?
Detecting the invisible, silent, tasteless poison
It’s reported that at least 50 deaths are caused by carbon monoxide poisoning each year. What are the potential sources and what basic steps can you take to minimise the risks?
Asbestos surveys - do you need a new one?
You had an asbestos survey completed a couple of years ago. You’ve heard that the legislation is changing and are concerned that you now need a new survey. Is this really the case?
You employ contractors for a variety of works, meaning you’re spending an increasing amount of time going through site rules etc. with them. Why not use our contractor’s terms and conditions document to make your expectations clear?
The statutory dispute resolution procedures provide for an uplift in the compensation awarded if you don’t follow them correctly. Until recently little has been known on how this uplift would be applied. What’s the latest?
The European Court of Justice has just held that the UK government has failed to adequately implement the Working Time Directive in relation to minimum daily and weekly rest periods. What does this mean for you?
It can be notoriously difficult trying to persuade ex-employees to return company property, particularly if they feel aggrieved about the reason for their termination. So what action can you take?
You may have heard about the new gender equality duty and thought that it only affects the public sector. What’s the reality?
The ‘flu risk - avoiding the big sneeze
If a ‘flu pandemic is formally declared in the UK this winter, how can you stay informed of developments, and more importantly, what steps can you take to protect the health of your staff and your own interests?
One of your employees injured his back at work and has argued that he’s not only entitled to full pay for his sickness absence but also reimbursement for his medical expenses. Is this correct, and if not, what’s your legal position?
The age discrimination regulations have introduced a sixth reason for fairly dismissing an employee - retirement. Conversely, employees can now claim unfair dismissal if they’ve been unfairly retired. How can you avoid a claim?
If the Taxman decides you can come out of the self-assessment system he’ll use a Tax Review Form instead to keep tabs on you. However, there are some problems with this procedure. What do you need to know?
You sell an item for £1,000 (including £150 of VAT). However, your customer brings it back for some reason and you issue a credit note. What do you need to do to make sure you can offset the two transactions?
We’ve heard that the Taxman is fishing for information again. This time it’s about old tax years which by now should have been closed for good. What should you do if he asks questions about your 2003/4 tax return?
A recent tax inspection picked out a director using his own car for business purposes, but regularly paying for fuel with the company fuel card. The Taxman said this was taxable. Was he right?
The rumour is that any company-provided “device” which can be connected to a computer is now taxable on you. Is this true?
The tax rules on companies providing staff with computers have changed for the worse. Is the solution to simply buy your existing computer from the company at a second-hand price? Or is there a better solution?
Media reports have raised concerns over interest-only mortgages and the ability to repay them. However, there could be a tax benefit from never repaying a mortgage. What is it?
You’ve been helping out a company on a consultancy basis. You’ve not been appointed to the board of directors so you can’t be classed as one - or can you? If so, what can you do to limit any personal liability?
You’ve heard about occupational health medicals aimed at directors and senior managers. What are they, how much do they cost, and are they actually worth the investment?
New research shows that more than 50% of company directors are at risk of personal bankruptcy. How can you avoid these traps?
Tax relief for fixtures in new premises
You’re in the process of acquiring new premises for your company. You’ve been advised to buy them personally and let them to the company. Can you offset the purchase cost against the rent you receive?
A director asked if he could reclassify the share capital so he can take more out of the company. But can he legally do this without the consent of an awkward minority shareholder?
The Taxman is increasingly seeking to charge companies penalties where he finds a technical mistake in their tax returns. But if it was your accountant that actually prepared the return for you, can you avoid paying up?
Do your customers expect more of you than you thought you were offering them? Do you find yourself advising on products or supplying services that aren’t part of the deal? As a director, how can you protect your company’s position?
Bäackpain - is it all rock and roll?
The publicity for the latest “Better Backs” campaign is certainly different and quite light-hearted, even fun. Does this mean the inspectors will be the same?
Wood dust is being targeted by the HSE as it’s been identified as a cause of occupational asthma. What will their inspectors want to see if they visit your site and how should you prepare?
One of your employees has demanded (not asked) for a new chair. He’s complaining that the one he has isn’t “ergonomic” and causes him backache. How should you deal with him, and do you have to respond to his demands?
You’ve seen and heard the term “As low as is reasonably practicable” or “ALARP” being used. What does it mean? Is it a legal requirement and what benefits can be derived from following the principles involved?
You’re thinking about refurbishing an office and improving the lighting for display screen use. You’ve employed a contractor to do it, but he keeps talking about various lighting standards. What are they and do you need to follow them?
In a recent case, an employer was found responsible for the death of one of their employees after he’d worked four 17-hour days back-to-back. What could this decision mean for you?
Preserving the self-employed relationship
Until recently, it was believed that a good way of avoiding an employment relationship was to engage individuals as consultants. However, following a new tribunal case, even this strategy is no longer risk-free. What’s the latest news?
You can turn down a job share request if you can show that you’ve balanced the discriminatory effect of your refusal against its justification. But in light of new case law, what evidence of this balancing process must you produce?
The ECJ has just ruled that it’s OK if pay scales based on length of service result in lower pay for women. What might be the implications for you?
The new age regulations are very similar to other discrimination legislation in the type of treatment that’s prohibited, such as harassment. What type of behaviour could lead to a claim and how can you defend against it?
It’s common for employees to fail to turn up to disciplinary hearings. You probably reschedule the meeting and if they still fail to show again, hold it in their absence. In light of new case law, is this still a safe strategy?
Any tax due on compromise payments?
An employee has agreed to the terms of a compromise agreement but is querying which payments under the agreement will be taxable and which he can have tax-free. What is the tax position?
As you know, an employee must usually have one year’s continuous service in order to claim unfair dismissal. There are, however, various exceptions to this rule which employers ignore at their peril. What can you learn?
You’re finding paint cans appearing in your general waste. A colleague has warned that they’re classed as hazardous waste and could lead to major logistical problems such as consignments being refused. Is this really the case?
You have a dishwasher in your staff kitchen area that’s used for dishes and cups etc. A member of staff is claiming it’s bad for the environment and you should go back to washing-up by hand. Is this really true?
Do you all need to take a car?
You’ve been looking at car-sharing options. Someone’s mentioned there are more than just environmental benefits. What are they and how do you get the most out of operating such a scheme?
You’ve heard someone mention the HazRed project. You know that it’s something to do with waste, but what exactly is the project about and is it something that could be of interest to your company?
You’ve heard about a scheme which helps fund carbon cutting improvements, using e.g. wind turbines, efficient boilers etc. What’s involved and is it worth doing?
Are you reading your electricity bills properly?
Do you know how many units of electricity you use? Do you know how you are using this energy? You should, as you could be wasting money as well as harming the environment in doing so. So what’s the first step to cutting the bills?
Are you keeping your discharge consent legal?
You were under the impression that once you obtained a discharge consent from the Environment Agency, that would be it. However, a colleague has said this might not be the case. What are the facts and what do you need to do?