Originally written by Molly Dilling on Small Business
Across the country tens of thousands of employees are being asked to return to work. But many employers are faced with a furloughed employee who refuses. The most obvious parallel is in schools, where unions, local councils, parents and teachers fundamentally disagree on how and when to reopen.
Similar stories are emerging about employers and staff, in sectors large and small, across the country. What rights do employers have in such cases, and how do you protect yourself against a detriment/dismissal claim?
Can a furloughed employee refuse to return to work?
The issue many employers are grappling with is whether a furloughed employee who refuses to return to work because of a stated fear of catching coronavirus can be dismissed.
Under the standard employment contract, the furloughed employee is obliged to follow reasonable instructions. One of those instructions contained in the employment contract will be that employees are to attend work within the hours set out.
The key issue in employment law is what is reasonable, and this depends on the precise facts of the case. As a result of the possible ambiguity an employer should carefully consider potential consequences before taking any disciplinary action for failure to
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Tenants back to facing eviction for non-payment of rent as shops reopen
by Timothy Adler • • 0 Comments
Originally written by Timothy Adler on Small Business
UPDATED: The Government appears unlikely to extend tenant protection from commercial landlords who want to evict them for non-payment of rent because of Covid-19.
The business department had given shops, pubs and restaurants three months of protection from eviction for non-payment of rent during the coronavirus lockdown.
But a draft code of practice seen by the Financial Times on how landlords should treat commercial tenants as small businesses emerge from lockdown makes no mention of extending the eviction grace period.
>See also: 4 ways small shops can reinvent themselves post coronavirus
Many businesses had assumed the current eviction suspension would be extended past June 24, the next rent quarter day.
If so, many businesses could find themselves forced out of commercial premises for non-payment of rent due to Covid-19.
Instead, the code, which is voluntary, states:
Tenants should pay rent if they can, even if only partially
Landlords who are in a position to show clemency should do so
Tenants should prioritise paying service charges before rents
James Daunt, chief executive of bookshop chain Waterstones, told the FT that what is needed is statutory protection for tenants from aggressive landlords.
Daunt said: “As soon as current protections expire, I think there will be some
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Ethical veganism is a philosophical belief – the steps you should take next
by Nick Hobden • • 0 Comments
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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What Should Franchises Look for in a Law Firm?
by Hayden Field • • 0 Comments
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GDPR one year on: make sure your small business is compliant
by Chris Cook • • 0 Comments
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
by Timothy Adler • • 0 Comments
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
by Amanda Hamilton • • 0 Comments
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?
by Anna Jordan • • 0 Comments
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?
by Anna Jordan • • 0 Comments
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
by Anna Jordan • • 0 Comments
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
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