Questions and Answers
Q. We are having issues with a difficult employee, can you please advise as to the correct way in which to discipline him?
A. Taking disciplinary action in the work place is a potential minefield. In general, employers must follow one of the statutory dismissal and disciplinary procedures (SDDPs). Standard SDDP has three stages:
1. Inform the employee in writing why you are contemplating dismissing or taking some other disciplinary action against them and invite them to a meeting. Make sure you give them enough time to prepare. Provide the employee with copies of any evidence that you may use at that meeting.
2. Hold the meeting with the employee. After the meeting, inform them of your decision and, if you have decided to dismiss them or apply a disciplinary penalty, notify them of their right to appeal. If new information arises during the meeting that may affect your decision, end the meeting and investigate the matter further. Rearrange the meeting if necessary.
3. If the employee wishes to appeal, invite them to a further meeting.
The employee has the right to be accompanied at both meetings by a colleague or union representative. These are standard procedures, professional guidance should always be sought before proceeding with any action.
Q. One of our clients has failed to pay a debt for some time; we need the money but don’t want to ruin the relationship. Can you help?
A. Attempting to maintain civil relations while endeavouring to recover money owed is a fine balancing act. We will work with you to recover the monies without the need for formal legal action, and certainly only seek recovery in the County Court when completely necessary. We Often find that if after following a set procedure you do not receive a positive response, a polite but firm letter from your legal advisers can often do the trick. Then any annoyance can be attributed to your debt recovery procedures and your overzealous solicitors.
See our commercial services section for more information.
Q. I want to start my own business, what is the best legal structure?
A. When deciding on what legal entity your business will take, there are essentially four options;
• Sole practitioner
• Partnership
• Limited Liability partnership
• Limited company.
Each option comes with various implications on how the business will be run and your responsibilities to it. At their basic level these can be viewed as:
Credibility - The selected entity may well influence the way in which people perceive your organisation. Limited companies or Limited Liability Partnerships are often perceived as being more credible and robust than sole traders or simple partnerships. Remember this is only a perception.
Control - To a large degree the selected entity may be dictated by the way you wish your operations to be organised and whether you intend to work on your own or in conjunction with others. For instance as a sole trader you will call the shots but may lack the back up and flexibility that a partnership has.
Liability - The selected entity will have a significant impact on the way you are protected under law for debt incurred by the business (this includes your partners in the case of a normal partnership). As a sole trader or regular partnership you, and if applicable your partners, can be held responsible for 100% of the debts. However as a sole trader or other non-limited business, personal assets can be at risk in the event of a failure of the business, but this is generally not the case for a limited company or limited partnership.
Responsibility - Whilst you are always responsible for your actions within the business (even with limited liability), certain entities are less affected by taxation rules and legal regulations.
Your business objectives and personal goals should be discussed with your professional advisers before finalising your business structure.
See our commercial services section for more information.
Q. I have recently bought something and I am very unhappy with the quality, what are my options?
A. If the goods are not of satisfactory quality or fit for their purpose, the customer has a right to reject the goods and get his money back (together with any damages suffered). Rejection must be unequivocal and the customer cannot continue to use the goods after rejecting them. However, the right to reject the goods will be lost if they have been "accepted". There are complicated rules on acceptance. In addition a consumer may have the right to a repair or replacement. Whilst it is often simple to resolve goods returned, professional advice can often assist in bringing a swifter solution.