Allegations of wrongdoing in the workplace

Our professional regulatory team provides advice and representation to practitioners in all areas of regulatory practice.

If your trade or profession is regulated by a professional body and you are the subject of a complaint then we can help you.

We can assist you with the initial investigation process to include negotiation with your regulator and independent investigation where appropriate.

We can represent your interests before fitness to practice panels and professional conduct committees.

We are also experienced in representing professional practitioners facing criminal prosecutions including allegations of fraudulent activities, assault and religious/racial intolerance within the work place.

We are aware that any allegations involving your profession can be extremely distressing and we will work very hard to minimise anxiety and to bring the matter to a conclusion as smoothly and quickly as possible.

If you wish to speak to one of our experts without obligation contact us immediately. We provide advice around the clock and pride ourselves as being the leading providers of legal services in the region.

Small suppliers set to get intel on big company payment performance

Small suppliers set to get intel on big company payment performance  

 

New regulations designed to help small businesses get paid on time came into force this month, with a requirement for larger companies to publish information about how long they take to pay suppliers. 

The requirement affects companies and LLPs who exceed two or more of the qualifying thresholds at the date of their last two balance sheets.  The thresholds are based on the definition of ‘medium-sized’ under the Companies Act 2006 and are an annual turnover of £36 million, a balance sheet total of £18 million and an average of 250 employees during the year. 

From 6 April 2017, those qualifying will be required to publish information on a Government website about their payment practices and policies and how they have performed against them, including the average time taken to pay suppliers, and to update the information every six months. 

Late payment is recognised as causing serious financial and administrative problems for businesses and the aim of the new regulations is to tackle concerns about adverse treatment of smaller suppliers by larger, more powerful customers, through increased transparency and scrutiny.  The Reporting on Payment Practices and Performance Regulations 2017 came about as part of the Small Business Enterprise and Employment Act 2015, and applies to public, private and listed companies and to limited liability partnerships through a separate set of regulations. 

Businesses will not be required to report in their first financial year and those in their second year will be expected to check the requirements against their single, first financial year. For parent companies and LLPs, reporting will be required if the aggregate group figures exceed the thresholds.  Any company or LLP within a group that satisfies the test individually, will need to report separately on its own payment practices and performance. 

Explained Sion Williams of Gamlins Law:   "It’s important that larger businesses check  whether they are required to report under the regulations, and must then keep an eye on the thresholds as these will be updated over time.   Smaller businesses can ask new customers whether they are required to report and, if they are, check out payment performance as part of their pre-contract checks”.

He added: “It’s worth remembering that there are other existing measures already available to tackle late payment, including the option of claiming interest and recovery charges, and it’s worth checking that existing contract terms don’t undermine those rights with something less advantageous.”

Under the Late Payment of Commercial Debts (Interest) Act 1998 commercial businesses are expected to pay their supplier invoices within 30 days, unless they have both agreed a longer time limit of no more than 60 days.   Alongside, all public bodies are required to pay suppliers within 30 days, except for some specific or devolved activities.

Statutory interest can be applied, together with a fixed sum of between £40 and £100, depending on the sum owed, for the cost of recovering the late commercial payment.  The interest is currently set at 8% plus the Bank of England base rate, and starts to run automatically at 30 days from the latest date of either receiving the supplier's invoice, or of receiving or accepting the goods or services.  You can agree a longer period for payment, but if it’s more than 60 days it must be fair to both businesses.  And unless a ‘reasonable’ longer period has been agreed, any purchaser must confirm that goods or services conform with the contract within 30 days. 

Late payment legislation does not have to be referenced in trading terms, as it will apply automatically in any commercial relationship, unless an alternative process has been set out in the contract. 

This information is not intended as legal advice

Data Protection in the UK: out with the old, in with the new.

Data Protection in the UK: out with the old, in with the new. 

Big changes are afoot on the law relating to data regulation in the EU.  Is your business ready to ensure compliance and avoid the hefty penalties?

Employers across the EU are being urged to take steps now to prepare for the 25^th May 2018 when the new General Data Protection Regulation (GDPR) will be coming into force, replacing the current Data Protection Directive.  Although Brexit is looming, the government has confirmed that the new legislation will apply in the UK as it will still be a member of the EU at the time of implementation.

Right now, the current Data Protection Directive is incorporated in the UK by the Data Protection Act 1998 and many of the principles will remain the same.  However, there are a number of new and complex obligations on employers that should be understood and implemented in businesses now in order to ensure compliance in time for May 2018:

1              Restricting the use of consent as a justification for processing data

Consent is no longer enough justification for processing data and, in particular, employee data.  The GDPR states that consent must be ‘freely given, specific, informed and unambiguous’.  It must also be given by consent or affirmative action.  If consent is given through a written declaration, the request for consent must be clearly distinguishable from other matters and easy to understand. 

What this requirements means for employers is that, particularly in relation to contracts of employment, generic consents will no longer be a valid justification for processing employee’s legal data. 

Employers should start reviewing their existing documents to see whether consent is given in line with the new requirements, or whether they can show that they have a legitimate interest in processing the data that is not overridden by the interests of the data subject.

2              Demonstrating compliance through the documentation of data processing activities

With the GDPR’s new focus on accountability, businesses will have to ‘demonstrate’ compliance with the principles of personal data.  Employers should consider adopting a GDPR compliance programme to implement and monitor their data processing activities.

3              Adopting organisational measures for data protection such as policies and practices

Employers should adopt easily accessible and clear policies and procedures in relation to data protection.  This will ensure compliance with the GDPR requirement that information provided must be in clear and plain language.

4              Providing more information to employees and job applicants on the purpose and legal grounds for collecting their data, and their rights in relation to their personal data

Transparency is key.  Employers should provide employees and job applications with full information in respect of their personal data.  They should also be well versed in relation to their rights.  If employers have clear policies and procedures in place to tackle the same, then there will not be an issue.

It is especially important for employers to prepare for the new requirements as the GDPR has created a new enforcement system, with significantly higher maximum penalties than at present.  In some circumstances, a breach can result in a maximum fine of €20 million or 4% of an undertaking’s worldwide annual turnover, whichever is higher. 

 

 

 

Hannah Jones