Employment and business law bulletin - December 2017

New employer? 5 things you need to know

Employment laws can be daunting. Knowing just where to begin as a new employer, with every business having a unique way of operating, equally so. Here is our 5-step guide on things to consider when employing new people.

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How SMEs can avoid 4 of the most common employment law issues

Hiring employees for your business should be an exciting time, but having employees means dealing with the tricky issue of employment law. We look at the four most common employment law issues that we deal with and provide practical advice on how to avoid them.

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Clarifying the definition of worker - Smith v Pimlico Plumbers at the Court of Appeal

This Court of Appeal judgment is helpful as it provides greater clarity to the issue of who is a worker. It's important to recognise these distinctions as they each have different rights.

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Surcharge rules for consumer and business transactions

The Department for Business, Energy & Industrial Strategy (BEIS) has updated its guidance on the Consumer Rights (Payment Surcharges) Regulations 2012 due to changes made to them by the Payment Services Regulations 2017. We look at how these affect SMEs.

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Company and contractor fined after worker injury

Working at height usually comes with risks and employers have a duty to take steps to protect their employees from falls from height. A recent ruling shows how wide liability can reach.

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Fraudulent misrepresentation before a business sale

What is the position if you buy a business only to find out that the seller mispresented the true facts? A recent case offers food for thought.

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Are you compliant with the Criminal Finances Act 2017?

Over the last five years, the cost of economic crime is estimated by HMRC to have run into billions of lost revenue. To ensure corporate compliance with the Government’s objective to combat tax evasion two new offences were introduced into criminal law by virtue of the Criminal Finances Act 2017. What are the new offences?

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Is an employer vicariously liable for data breaches made by a rogue employee?

As we draw closer to 25 May 2018 and the introduction of the GDPR, with its tougher policing and higher sanctions for data protection breaches, business should take a closer look at who has access to payroll details and other sensitive personal data. We look at a recent case.

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Backdated holiday pay available for workers wrongly categorised as self-employed

Businesses operating in the gig economy are most at risk of challenges regarding the status of those who are presently engaged with their businesses on a self-employed basis. We look at a recent case and suggest actions businesses can take.

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