Tag Archive for Legal Advice

Ethical veganism is a philosophical belief – the steps you should take next

Originally written by Nick Hobden on Small Business
Ethical veganism should be seen as a philosophical belief by employers, as stated by a ruling made in a landmark legal case last year.
Vegan employee Jordi Casamitjana brought the case against his former employer, League Against Cruel Sports. Mr Casamitjana claimed that he was sacked by the animal welfare charity after he disclosed that it invested pension funds in firms involved in animal testing.
The judge ruled that ethical vegans should now be entitled to similar legal protections in British workplaces as those who hold religious beliefs.
Veganism is more than just what people eat; it can encompass all aspects of an individual’s life, as can be seen in the definition of veganism on the vegan society website:
“Veganism is a way of living which seeks to exclude as far as possible and practicable, all forms of exploitation of, and cruelty to, animals for food, clothing or any other purpose.”
Ethical vegans eat a plant-based diet, but also go a step further and try to avoid contact with any products derived from any form of animal exploitation. This includes not wearing clothing made of wool or leather and not using products tested on animals.
This preliminary hearing ruling

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GDPR one year on: make sure your small business is compliant

Originally written by Chris Cook on Small Business
Despite the EU implementing strict rules around data protection last year, some SMEs haven’t made changes to be compliant, putting themselves at huge risk. GDPR one year on and some small businesses are still exposed. Overlooking it could have costly repercussions by way of hefty fines and reputational damage.
On May 25 2018, the EU introduced its biggest transformation of data protection legislation with the introduction of the General Data Protection Regulation (GDPR).
Although most businesses were making sure they were compliant in the months leading up to its enforcement, many businesses (including SMEs) weren’t GDPR-ready.
See also: What does GDPR mean to me and my business?
Small businesses may consider compliance with the Data Protection Act 2018 (“DPA”, which incorporates the GDPR in the UK) to be another administrative burden and, due to their business’s size, by keeping fingers crossed and ignoring it, it might disappear. This isn’t the case; all businesses that process personal data are subject to the DPA.
Organisations found in breach of the DPA face administrative fines of up to 4pc of their annual global turnover or €20 million (whichever is greater).
GDPR one year on
Since the GDPR came into force, fines have been

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How to set up a share options scheme for your small business

Originally written by Timothy Adler on Small Business
Small to medium-sized business owners know the importance of incentivising and retaining key employees using a share options scheme.
They’re both tax efficient for the company and the employees who benefit.
However, there are practical problems which mean that such schemes may not work. If this happens, the company and employees may find that the tax incentives which led them to implement the scheme are not available or that the scheme did not achieve its desired outcome.
Enterprise Management Incentive
The most common scheme is the Enterprise Management Incentive (EMI) scheme. Typically, once a young business becomes established, the company will offer key employees share options under the EMI scheme. Commonly, employees are only allowed to exercise the option when the company is sold and therefore receive the value without accruing any rights as shareholders. This allows the employees to participate in the sale at no direct cost to the company or its founders.
How the EMI works
Implemented properly, the scheme allows the employees to pay capital rather than income tax on the proceeds of sale of shares after exercising the option. Employees may also able to claim entrepreneur’s relief, which further reduces the capital tax payable. The

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T&Cs for your small business – how to make sure they’re done properly

Originally written by Amanda Hamilton on Small Business
In your small business, it’s absolutely vital that your customers know clearly what they are purchasing and what your terms of business are. This is especially important if you operate online.
What are terms and conditions (T&Cs) and how important are they?
These are the clauses in a contract that set out the rights and obligations that both parties need to be aware of when they enter into a contract.
In the past, a big mistake which businesses have made is believing that, if they hide their terms from the customer but the customer still signs the contract, that these terms can be relied upon – i.e. if the terms of the contract are part of the “small print”, the belief is that once the customer signs the contract, whether or not they have seen or read the terms, that they will be bound.
Can terms forming part of the ‘small print’ be relied upon?
Largely, the answer to that is no.
Bring T&Cs to the customer’s attention
Nearly 80 years ago, way back in 1940, there was a landmark case in the courts about whether a local authority could rely on a disclaimer (against personal injury) on the back

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What should I do if I get a subject access request?

Originally written by Anna Jordan on Small Business
It’s only one part of GDPR and data protection, but a subject access request (SAR) shouldn’t be ignored. As more people become aware of their personal rights, the number of requests continues to increase.
We show you how to deal with SARs, both as a small business owner and as an employer.
What is a subject access request?
An organisation will have a certain amount of personal data on users which they use and/or store. These people may ask for a copy of their data to check that what is being held on them is in keeping with the law.
Subject access requests existed as a right under the Data Protection Act 1998, but the rules have changed with the introduction of GDPR.
Requests can be made verbally, electronically (including social media) or in writing. If you have received it in writing, make sure you can verify the identity of the sender.
How long can I take with requests?
You have one month from when you receive the SAR. You can be given an extra two months if the request is complicated or there are numerous requests. You should let the person asking for the information know about this extension

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GDPR one year on: what fines have been issued so far?

Originally written by Anna Jordan on Small Business
Saturday 25th May sees the first anniversary of GDPR – and its associated fines.
It’s fair to say that the effects haven’t been astronomical (at least not yet). The first year has been more about teething than smacking down financial penalties. The watchdog is said to be spending more time focusing on legacy cases breaching the Data Protection Act, including high-profile companies such as Uber, Equifax and BT.
It also hasn’t penalised companies harshly where they can show that they have taken adequate action to fix wrongdoings and comply with new regulation.
Though there have been few penalties, reports have been on the up. Research from Hiscox shows that complaints of online data breaches were up 160% in the six weeks after GDPR came into force.
Across the continent, the European Data Protection Board found that 206,326 cases were reported under the GDPR from supervisory bodies in 31 authorities in the European Economic Area (EEA).
Fines throughout Europe totalled €55.96 million over the first year of GDPR. This sounds like a grand sum, but is mostly made up of a €50 million fine for Google.
France’s CNIL vs Google
In its first GDPR ruling, CNIL pursued Google, issuing a €50

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Freelancers and gig workers are now entitled to payslips by law

As of 6th April, freelancers and gig workers are required to receive payslips. Payslips must include the number of hours worked so that workers can make sure they are being paid in full and at the right rate. What happens if I don’t comply? If you don’t give a freelance or gig worker a payslip
The post Freelancers and gig workers are now entitled to payslips by law appeared first on Small Business.

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Writing a will: what business owners need to know about dividing assets

Most owner-managers have a pretty good idea of their net worth. As the years go by, they keep an eye on the increasing values of their assets and the annual accounts show them how much their business is worth. These days, it’s not unusual for this net figure to be quite substantial. With property price
The post Writing a will: what business owners need to know about dividing assets appeared first on Small Business.

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