| Quick Links | Kent SolicitorsLatest legal news from Kent Solicitors, Kaslers Solicitors LLP.Monday, 30 June 2008Workplace monitoring of communications
Inform employees and users that the company systems and networks are subject to monitoring. State that in the employment contract or employees handbook
Labels: Workplace monitoring communications Friday, 27 June 2008Workplace monitoring of communications
Monitoring, and then with notice, can only take place on privately operated networks.
You therefore need to know the boundary between the public telephone network and the company's own internal network Labels: Workplace monitoring communications Thursday, 26 June 2008Computer crime: employee monitoring
Reference to the terms of the Computer Misuse Act 1990 should be inserted into each employee's contract of employment
All employees should be taught the basic aims of that legislation, ie that it is a criminal offence to knowingly gain unauthorised access, or to make an unauthorised alternation, to any programme or data On the civil side, how else can you discipline them if they have 'not been told'. You might think that the days are gone, when it was assumed that employees might have some idea of 'right' and 'wrong' without being 'told' Labels: Computer crime employee monitoring Computer crime: employee monitoring
Reference to the terms of the Computer Misuse Act 1990 should be inserted into each employee's contract of employment
All employees should be taught the basic aims of that legislation, ie that it is a criminal offence to knowingly gain unauthorised access, or to make an unauthorised alternation, to any programme or data On the civil side, how else can you discipline them if they have 'not been told' – you might think that the days are gone, when it was assumed that employees might have some idea of 'right' and 'wrong' without being 'told' Labels: Computer crime employee monitoring Wednesday, 25 June 2008Notice: strict compliance
If a contract contains a detailed mechanism for notifying a claim, you must strictly comply with that mechanism, which is likely to be regarded as a precondition
You must be precise in operating such things Labels: Notice Compliance Tuesday, 24 June 2008Companies: deeds
Companies can now execute deeds by two authorised signatories ie two directors or a director and the company secretary.
A company seal is no longer necessary If you wish to retain the use of a company seal, it can be affixed by one director in the presence of a witness. This is new. Labels: Companies Deeds Monday, 23 June 2008Company Secretary
It is no longer necessary for private companies to have a company secretary as such, although someone still needs to do many of the things a secretary was used to doing, such as make sure all proper documents and returns are filed at Companies House
Is this change for change's sake? Labels: company secretary Friday, 20 June 2008Limited Liability Partnerships
Under traditional partnerships, each partner owed a duty of good faith to each other. Members of an LLP owe a duty of good faith to the LLP, but not to their partners, unless the LLP agreement specifically says so.
Labels: Limited Liability Partnerships Thursday, 19 June 2008Holding over commercial leases and Stamp Duty Land Tax
SDLT is an 'ongoing tax'. Every year you must review how much you owe. If you stay in premises at the end of the lease, this may trigger another SDLT payment.
Labels: Commercial Leases Stamp Duty Land Tax Wednesday, 18 June 2008Copyright in Architects plans
When instructing an Architect, be absolutely clear with him who owns the copyright otherwise you may find that he does
Labels: Copyright Architects plans Tuesday, 17 June 2008Varying contract of employment
If an Employer unilaterally changes the terms of the contract the Employee has the following choices: agree, resign and claim constructive dismissal, refuse to work under the new terms thereby forcing the Employer to withdraw the new terms or dismiss, agree to the terms under protest but seek damages.
The Employee should be clear in his response as to which stance he is adopting. Labels: contract employment Monday, 16 June 2008New penthouse: right of first refusal
The lessees in a block of flats can require the Landlord to operate the 'right of first refusal' provisions if the Landlord wants to build new flats or penthouses on top of an existing building. The Tenants must be willing to buy the airspace, else all they will achieve is delay
Labels: penthouse right first refusal Friday, 13 June 2008Energy performance certificates
From 1 October 2008 all commercial buildings will require an Energy Performance Certificate on sale or letting
Labels: Energy performance certificates Thursday, 12 June 2008Rates: administration
Companies in administration are no longer liable for rates on empty properties.
Labels: Rates administration Wednesday, 11 June 2008Restrictive covenant: transferor
If a restrictive covenants imposed on neighbouring land is important to you, get advice on whether you as buyer will obtain the right to enforce it. This depends very much on the specific wording
Labels: Restrictive covenant transferor Restrictive covenant: transferor
If a restrictive covenants imposed on neighbouring land is important to you, get advice on whether you as buyer will obtain the right to enforce it. This depends very much on the specific wording
Labels: Restrictive covenant transferor Restrictive covenant: transferor
If a restrictive covenants imposed on neighbouring land is important to you, get advice on whether you as buyer will obtain the right to enforce it. This depends very much on the specific wording
Labels: Restrictive covenant transferor Restrictive covenant: transferor
If a restrictive covenants imposed on neighbouring land is important to you, get advice on whether you as buyer will obtain the right to enforce it. This depends very much on the specific wording
Labels: Restrictive covenant transferor Restrictive covenant: transferor
If a restrictive covenants imposed on neighbouring land is important to you, get advice on whether you as buyer will obtain the right to enforce it. This depends very much on the specific wording
Labels: Restrictive covenant transferor Tuesday, 10 June 2008Immigration: illegal working
Check that your employees have the right to work in the UK. In particular, there is now a civil offence of negligently employing a person without legal entitlement to work in the UK (maximum fine #10,000 per employee)
Labels: Immigration illegal working Monday, 9 June 2008Grievances
Failure to respond to a written grievance is a breach of the statutory procedures.
All grievances must be properly investigated and dealt with under the procedure, even if a settlement is being negotiated and subsequently finalised. Labels: Grievances Friday, 6 June 2008Copyright
An employer owns all copyright in works created by an employee in the course of his employment
Labels: Copyright Thursday, 5 June 2008Senior Employees leaving
When a director or senior employee leaves to set up in competition or join a competitor, much legal activity results.
It is clear that a leaving director cannot disclose confidential information to his new employer. A recent case makes it clear that internal emails, containing fairly derogatory comments about the leaver, between the various directors was just the company thinking aloud and do not give rise to any claim by the employee that the employer was in breach of the implied term of trust and confidence. However, should the employer go to press commenting adversely on the leaver's behaviour then this might well be such a breach. Remember that using the press is a double edged sword and can cut you as well as harm someone else. Labels: Senior Employees leaving Wednesday, 4 June 2008Collection of debts
A common warranty by the seller in a share sale agreement is: 'all debts owed to the Company which are reflected in the Management Accounts or which have arisen since the Management Accounts Date either have been realised in full or will be realised in full in the normal course of collection not later than 120 days from the date of Completion'.
The words 'normal course of collection' means chasing, but not the issue of court proceedings Labels: Collection debts Tuesday, 3 June 2008Employers face liability for harassment by clients
Employers must take action where they know that a client or customer is sexually harassing an employee. If harassment is proven on 3 occasions, the Employer may be liable
Labels: Employers liability harassment clients Monday, 2 June 2008Compulsory pensions
The Government is worried that we are not providing for our old age. From 2012, contribution rates will be a compulsory 3% cent from the employer, 4% from the employee and a nominal 1% in tax relief from the government. Staff will be automatically enrolled into it, although they can 'opt out'. The Government hopes that the inertia of the employee will cause him to build a pension fund over time.
Labels: Compulsory pensions
Subscribe to Posts [Atom] Archives
Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to
if you need legal advise about any of these issues
|
We are regulated by the Solicitors Regulation Authority (Reg No 408936).
The LLP Members are Michael D Breeze LL.B (Hons) (SRA Reg No 110184) and Simon McCree Scott LL.B (Hons) (SRA Reg No 298202)
Registered office and main trading address: Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU
Tel: +44 (0)845 270 2511 Fax: +44 (0)845 270 2513 Mobile: 07 900 195 195 DX 92863 West Malling