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T G Baynes Solicitors
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For You, Your Family, Your Business
For You, Your Family, Your Business

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Workplace Whistleblowing Protection

The Public Interest Disclosure Act 1998 – often referred to as the 'Whistleblowing' Act – gives workers legal protection when disclosing information relating to crimes, breaches of legal obligations, miscarriages of justice, dangers to health and safety or the environment and to the concealing of evidence relating to any of these.
Where a worker is victimised or suffers detrimental treatment at the hands of their employer for blowing the whistle in the public interest, they are entitled to receive full protection under the law. ... http://ow.ly/xIWw30kgALx
#whistleblowing
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Faulty Electrics Necessitate Lease Interpretation

Many commercial leases provide that the formal document represents the entirety of the agreement, superseding any prior agreements that may have been reached. An important Court of Appeal ruling has, however, made clear that such clauses do not preclude the implication of such additional provisions as are needed to make the lease 'make sense' in business terms.
The case concerned a lease of café premises. Amongst other flaws, it made no provision in respect of where responsibility lay for ensuring the safety of the property's electrical wiring. It did, .... http://ow.ly/yKUz30kgARm

#CommercialLeases
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HMRC Reliance on Guidance Not Justified

The various VAT 'flat-rate' schemes were originally set up with the ostensible purpose of simplifying the VAT process for those using them, while being essentially revenue neutral for HM Revenue and Customs (HMRC).
A recent case dealt with a situation in which HMRC sought to remove the right of a farming partnership to use the flat-rate scheme on the ground that it had saved nearly £50,000 a year by doing so. The partnership farms livestock, which is then sold to local abattoirs.
http://ow.ly/13st30kgCf7 #VAT #FlatRateScheme
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Do You Understand Your Duties as a Director?

Directors have a wide range of legal duties that do not always coincide with their own interests, and seeking expert legal advice is the best way of ensuring that these are performed. In one case in which that did not happen, two directors of a phoenix company who showed little grasp of their obligations were hit hard in the pocket... After their furniture production company became insolvent, http://ow.ly/8HPj30kgAWz #Unlawfully Dividends
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Small Family Company Overturns Pregnancy Discrimination Finding

Quite apart from any breach of sex discrimination law which might occur, it is automatically unfair dismissal if an employer dismisses a female employee for reasons connected with her pregnancy or the birth of her child.
In determining whether or not a dismissal is pregnancy related, an Employment Tribunal (ET), as with all judicial bodies, has to act with an open mind and give equal consideration to both sides of the dispute..... http://ow.ly/lNSD30kgBh3

#UnfairDismissal #EmploymentAppealTribunal
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Bullied Transgender Shop Assistant Wins Compensation

There can really be no excuse for a modern employer not to have in place comprehensive anti-discrimination policies that are fully understood by all workers. In one case that illustrates the consequences of failing to comply with the law in this respect, http://ow.ly/LUqO30kgBZd
#ConstructivelyDismissed
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Guesswork Not Enough to Create Tax Liability

When HM Revenue and Customs (HMRC) suspect serious tax evasion, they will normally launch a full-scale tax investigation into the person they suspect.
They use many tools in such investigations and one of the more common ones is to compare the cost of a person's apparent lifestyle with their available income over a period. If the former exceeds the latter and the difference cannot be explained (i.e. by inheritance or spending savings), HMRC is likely to conclude that the gap arises from taxable undisclosed income and to raise tax assessments to recover the tax on the 'undeclared income'.... http://ow.ly/pkt530kgBmy

#HMRC #IncomeTax #VATIrregularities
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One Reasonable Condition is Sufficient for Landlord

When a tenant wishes to assign a lease, it is usual for the landlord's consent to be required, and that consent can be withheld if there are sufficiently good grounds for so doing.
In a recent case, a landlord was asked by a tenant to agree to the assignment of leases on flats in London's Docklands. The landlord imposed several conditions on the assignments... http://ow.ly/3WJR30kgBQ9

#lease #Consent
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Failure to Address Expert Report Proves Costly

When a tenant of industrial land failed to adhere to a notice to quit the premises, the landlord brought a legal action under the law of trespass for its lost rental income – £12,000 per annum. http://ow.ly/HRg930kgC6K #trespass #Landlord #Tenant
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Agency Law Gives No Recourse to Dumped Software Reseller

Under law which originated in the EU, agents of firms have considerable protection if their agency is terminated, and can normally be compensated. This reflects the commercial reality that agents frequently make a considerable investment in time and money in promoting the products for which they act as agents.
http://ow.ly/sGtq30kgBJK #licences #NotGoods
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