Huntley Legal's Blog
25 March 2021
It’s important for you to know the employment status of the people who work in and around your business. One key reason is that you might be responsible for PAYE and NI. If you fail to make the right deductions from payroll and the correct payments to HMRC, you are liable to back tax, interest and penalties. So there is a lot of risk if you are not absolutely clear about the status of your team members.
Rules around this have been updated a number of times. This article covers the latest guidance from HMRC.read more »
11 March 2021
As far as I can recall in the run up to Brexit, data flows did not capture many of the media headlines. Perhaps understandably, topics that got more airtime included fishing, food, travel documents and queues of export lorries.
However, in our modern data-driven world, it’s just as critical to know how and where data flows between UK and Europe, and the levels of privacy and other rules that apply to that flow.
This article looks at the post-Brexit changes which cover personal data, specifically, about how and where that data can be transferred.
This matters hugely, both to businesses, and to anyone who wants to understand the level of privacy protections that apply to any given flow.
25 February 2021
Some people build their own legal agreements with the help of that famous author Mr Copy N Paste, using scraps they find on the websites of their competitors. Or they buy a £10 template off the internet, created by that well known provider, Mrs Graspa Cheapskate.
You never want to use an agreement like this.
The problems sparked by these two characters are often pretty serious and unpleasant – and they are wholly avoidable.
I recommend that, if you are considering their individual or collected works, you remind yourself that your business and your team deserve something better than that. What you really need is a standard agreement that has been developed around your business, to fit you like a tailored suit.
(This article is part 2 of 2.)read more »
11 February 2021
Even some experienced businesspeople assume that only large companies arrive at a business negotiation with their own standard agreement in place. Or they think they can only offer their own prepared agreement to a customer or supplier that is smaller than their own business.
No matter how young or small your business may be, there are good reasons for preparing and using your own agreement as the basis of negotiations or to record your deals.
(This article is part 1 of 2.)read more »
28 January 2021
- Do you own or manage a company?
- Did you know there’s consultation underway around laws that affect you?
- Are you aware that changes are in the pipeline over the coming year?
The Department for Business, Energy and Industrial Strategy (BEIS) along with the Financial Reporting Committee (FRC) are commencing or coming to the end of consultation around a host of potential changes.
Some of these will be of interest to anyone who owns or manages a company, so you need to be aware of what’s going on. Note that you may need the assistance of your solicitor and accountant too.read more »
14 January 2021
We’ve been experiencing extraordinarily altered times since March 2020. Apart from wishing you and yours a safe passage to the other side, I can’t say anything new or useful about that period. So, the focus of this article is about contractual dynamics that you should manage and plan as we go forward.
Some of these suggestions may be part of your normal routines. But, if you have scheduled contract reviews, terminations or renewals over the coming months, it will be worth taking a look sooner than you usually would. This will give you extra planning time and better information.read more »
19 November 2020
As a business, you might extend credit to your customers and get it covered by a guarantee, either from your customer’s company or from one or more of the owners.
Although these personal or company guarantees are seen as “security” for the original credit, they are themselves not secured in any way (unless the guarantor is also willing to give you a mortgage over a property or other assets).read more »
05 November 2020
Some people give their whole life to a company. They invest a fortune into it. Yet companies can easily get into trouble, especially now because of Covid.
Company directors often make assumptions about what the role involves. In fact, there are a shedload of misconceptions. I’ll address some of them in this article and more another time, because they are really important.read more »
15 October 2020
Electronic signatures are being used a lot more. It has recently been confirmed that they are valid in English law, according to the 2019 Law Commission report and a UK government announcement in March 2020.
There are benchmarks relevant to when an electronic signature is valid and legally binding. In short:
- Electronic signatures are valid when the person who is signing intends for the electronic signature to validate the agreement, and by using an electronic signature, they agree to be bound by that agreement
- All other documentary formalities are to be observed as well as using an electronic signature
Of course, the situation is not quite that simple. This article explains more.read more »
08 October 2020
Boilerplate text is usually considered to be as dull as ditch-water. But it has taken on a new life since lockdown. What was once a boring part of any commercial contract has become an interesting and vital area.
A year or two ago, if you had suggested to most businesses that they should take an interest in the boilerplate section, they would have rolled their eyes, thinking it was too dreary to motivate them, or too standard and benign to be worth any time or effort.
We would have said that pigs might fly – but they did and they are still flying! Things have changed a bit.
Because of the whole range of national, local and even international rules and restrictions that have impacted all our lives since March 2020, for whole sectors of the business community, some parts of the boilerplate text have become quite familiar. In particular:read more »