Wednesday, 27 November 2019

Is your company website breaking the law?

Company bosses could be breaking the law when it comes to their corporate websites, according to a Shropshire solicitor.

Andrew Oranjuik, from Martin-Kaye Solicitors in Telford, Shrewsbury and Wolverhampton, said there were strict rules about the information that companies were obliged to disclose.

“The rules themselves are very clear and quite simple, but they can often be overlooked in the bigger picture of running a business, which can be bad news for company bosses,” said Mr Oranjuik.

“Trading disclosures as they are called, ensure a company’s identity and location are easy to find – this means it can be easily tracked down at Companies House, and it’s easier to take legal action against, and easier to inspect its statutory records.

“It also protects your management team by clearly stating your limited liability status so third parties will know the directors and shareholders cannot be sued personally.”

Mr Oranjuik said a company website needed to include the full registered name of the business, the company’s limited status, where it is registered in the UK, the company registration number, and the full registered office address.

“It’s important to ensure this information is easy to find, so include it on your website homepage – it doesn’t need to appear on every page.

“And it’s not just your website you need to think about as you will need to include the same information on all letters and other documents you produce, whether it’s sent out as a hard copy or by email. To make it easy to comply with this rule, include it in your standard pre-printed letterhead and email templates.”

Mr Oranjuik said sole traders who used a business name that was not their surname, or a partnership that used a name that didn’t include all the names of its partners, would also need to make similar trading disclosures.

“If you breach the rules, you could face a fine of up to £1,000, with a daily fine of up to an additional £100 if the breach continues, and both your company and your directors can be prosecuted. So it may seem trivial, but it’s a situation that’s easy to fix and you’ll be saving yourself and your business from time-consuming legal proceedings.”

Friday, 15 November 2019

Telford event will reveal Top Ten employment blunders

Businesses from across Shropshire will get the chance to hear about the most common employment law blunders from experts on their very doorstep.

The team from Martin-Kaye Solicitors, in Telford, are renowned for taking their interactive Top Ten employment blunders seminar on the road right across the UK.

And now, they’re hoping businesses closer to home will take advantage of the opportunity to hear their advice at a workshop at their head office in Euston Way on November 28.

“We’ve shared our advice with companies all over the country, and it’s great to be hosting a seminar right here in Telford,” said John Mehtam, who leads the employment law team.

“It’s a brisk 60-minute session where we reveal the top ten blunders made by businesses time and time again, and where our delegates hear about the mistakes, mishaps and common errors which have led to employment tribunal claims.

“Our aim is to help business owners develop techniques to address recurring problems in the workplace too such as long-term sickness absence and poor performance.

“We also equip our delegates with the best methods to avoid the most common blunders, and audience numbers at each of our seminars are purposely restricted to ensure that everyone gets the chance to ask questions and take part in lively discussions.”

Mr Mehtam said during the event he would be sharing advice to help businesses navigate through the increasingly-complicated minefield of employment law, and to help them avoid the most common pitfalls.

“With employers short on time, it’s almost impossible to keep up-to-date with ever-changing legislation, so our seminars offer clear, concise information in a time frame that suits our busy delegates.”

The event begins at 11.45am, and businesses who would like to attend should contact June Noto on 01952 525951 or email junenoto@martinkaye.co.uk 

Tuesday, 5 November 2019

Employment experts on the road

Employment law experts from Martin-Kaye Solicitors have been on the road with their latest Top 10 blunders seminar.

They visited the home of Leicester Tigers to share their knowledge with a wide range of businesses including care homes, manufacturers, insurance brokers and retailers.

The feedback from the event was excellent with extremely positive and interactive discussions on the top ten employment law mistakes that employers make - and the best way to avoid them.

To find out more about our seminars and how to get involved, contact June Noto on 01952 525951 or email junenoto@martinkaye.co.uk 

Friday, 1 November 2019

Simple mistakes have consequences

Company directors have been warned they could face disqualification for even the simplest of mistakes.

Andrew Oranjuik, of Martin-Kaye Solicitors in Telford, Shrewsbury and Wolverhampton, said it would be easy to assume that directors would only be disqualified for major failings like corporate fraud.

“But in fact, you could face disqualification in circumstances that are far less dramatic – even down to mishandling the paperwork you’re required to keep.”

Mr Oranjuik said there was a wide range of issues that could lead to a director being disqualified, from failing to keep proper accounting records to employing illegal workers and being involved in banking scams.

“Often the possibility of disqualification comes to light if a company is being investigated in an insolvency case, but it can also come from other investigations and court proceedings, including a breach of directors’ duties enquiry or competition law.”

Mr Oranjuik said surprisingly the most common reason for disqualification was failing to keep accounting records, with the situation often discovered when insolvency experts investigate why a company had gone bust.

“If a director’s actions are deemed to have been inappropriate leading up to their company’s insolvency, they can be disqualified – this covers a whole host of actions including allowing the company to trade while insolvent, using its money or assets for your own benefit, and failing to keep proper records.

“You can also be disqualified if you cause your company to break the law whether the company is insolvent or not, for occasions like data breaches and consumer scams.”

Mr Oranjuik said if disqualified, a director is banned from being a company director and from taking part in the promotion, formation or management of a company.

“This means you could be employed by a company, but you must be careful not to get involved in management – so no hiring of staff or making financial decisions.

“In some cases, the court can grant a director permission to act despite being disqualified, but this will be tightly controlled and usually only to allow a director to stay on just to wind their company up.

“It’s easy to think that small issues will not lead to serious consequences, but that’s just not the case – as a director you have responsibilities on all levels and it’s important to realise how seriously you need to take them.”