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New law means furloughed employees get full redundancy payments

There is a little-known quirk of employment law which says that any employee who has ‘normal working hours’ and who: is given notice to terminate; and is entitled to statutory notice only (or less than one week more than statutory notice); will be entitled to full pay for that notice period, even where they might […]

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Employment Law Update | July 2020

Our regular employment law update has the latest news and developments in employment law. Contact James Austin on 01423 851138

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Non-disclosure agreements: Not worth the paper they are written on?

It is a common refrain that non-disclosure agreements (commonly known as NDAs or confidentiality agreements) are not worth the paper they are written on. However, when used properly, nothing could be further from the truth.

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A summer of café culture could be on the horizon

New temporary licensing and planning law reforms are expected to come in to force that will relax the current rules on pavement licensing enabling businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway

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LCF wins landmark legal case

The judgement in the Pillmoor v Miah case reviews all previous case law in this complex area, and confirms that without exceptional circumstances, or an ‘express agreement’ or evidence of financial contribution towards a solely owned property, a spouse is unable to claim an interest in a matrimonial home when they are not registered on the legal title as a co-owner.

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Planning law – the Community Infrastructure Levy

The Community Infrastructure Levy (CIL) was introduced as part of the Planning Act 2008 as a planning charge to help local authorities in England and Wales deliver improved infrastructure in their areas. It came into force two years later on 6 April 2010 through the Community Infrastructure Levy regulations.

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Business Owners – Do You Need Special Executors?

In another recent blog my Partner, Susan Clark explained the importance of business owners signing Powers of Attorney to choose somebody who could continue to run the business on their behalf should they lose capacity. Another important question for our business owning clients is what would happen to the business if they died?

One point to consider is whether they should appoint Special Executors in their Wills.

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Business owners must have the capacity to answer ‘what if’

A Power of Attorney is the only way to choose who will deal with your business affairs if you are unable to do so. We have found that business owners may well have a Powers of Attorney to deal with their personal property and finance, but not considered if this person that they have appointed as Attorney, is the right person to run their business affairs.

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How to sell my business – share sale vs business sale

Selling a business will typically adopt one of two structures – being either a ‘share sale’ or a ‘business and asset sale’. The two are very different both legally and from a tax perspective.
You can only sell shares, of course, if your business operates as a limited liability company constituted through the issue of shares. If you operate as a traditional ‘partnership business’ or sole trader, then any sale will inevitably be a ‘business and asset’ sale. A company can itself sell its business and assets.

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When it comes to tax, don’t hide the details

An interesting case in the Tax Tribunal demonstrated that when it comes to dealings with HMRC, failing to reveal relevant information can be just as expensive as providing false information.

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