Mental Health Awareness Week

May 18, 2020 | Business Law Articles | 0 comments

You may be aware that this month is Mental Health Awareness Month, and this coming week (beginning 18 May) is the start of Mental Health Awareness Week.

We understand that navigating the law can be stressful and affect many areas of your life. That’s why one of our core values is about being clear and transparent. The last thing any business owner needs (especially now) is additional worry or anxiety over unexpected invoices, or cutting corners which could cause more trouble down the line.

The theme for this year’s Mental Heath Awareness Week is kindness. When asked about the theme chosen, Chief Exec for the Mental Health Foundation commented: “We have chosen kindness because of its singular ability to unlock our shared humanity. Kindness strengthens relationships, develops community and deepens solidarity. It is a cornerstone of our individual and collective mental health. “

With that in mind, our team have suggested their own advice on practising positive mental health which we share with you in this blog today.

1. Exercise where/when you can, but make sure it’s something you enjoy! It’s gets all those happy hormones boosting your mood and the exercise can be a great way to alleviate stress. Exercise doesn’t have to be running 5k or a HIIT class… simply going out for a 30 minute walk in the fresh air will do the job.

1. Prioritise your sleep! We don’t mean sleep all the hours you can – we mean for you to spend some time considering how much sleep you get and of what quality. There are simple changes you can make to ensure you get better sleep, like avoiding screen time for the hour before you go to sleep. If thoughts constantly roll around your head so you can’t fall asleep, have a pen and paper next to your bed, get all your thoughts down on paper and reflect on them in the morning.

1. Talk about how you are feeling with someone you trust. Everyone has worries and concerns, but as a business owner you often feel the responsibility not to burden others with your worries. This can leave you feeling isolated and worsen your mental state. Talking is good – you may find relief from talking issues through, and even find a solution to investigate.

1. If things are feeling really stressful, get one of your favourite songs on, watch a favourite movie or listen to a funny podcast – take some time away from your problems and enjoy something you really love! You’ll feel better we promise.

1. Remember what you see on social media is only a version of the truth. People will post the good days, the successes, the joys. Try not to get fixated on how well someone else is doing – they will be having off days too, but they just don’t shout about it!

Covid-19 for Smaller Businesses

May 5, 2020 | Business Law Articles | 0 comments

It’s never too late to keep going!

The Government is currently advising businesses to allow staff to work from home where possible. Although some businesses may already have experience in managing staff who work from home, for many others this is the first time it has become an issue.

Although many businesses have already taken action the aim of this blog is to reassure smaller businesses that haven’t that it isn’t too late to put robust plans in place and still trade in these difficult times.

Business contingency plan

As a first step you should consider putting in place a contingency plan to protect your business and staff. The plan does not need to be lengthy or in a particular format but should outline what steps you are going to take in response to Covid-19 and ensure business continuity.

Once your plan is in place ensure you review and update it regularly to take account of any new developments and Government guidance.

Home working

If you have staff you will still have health and safety responsibilities whether they are in the workplace or at home and you need to conduct risk assessments on the suitability of the home working space. If you need help with this we recommend speaking with Field Training Services

You need to ensure that your employer’s liability covers your staff when they are working from home. If you do not have an insurance broker we can recommend speaking with Fluidity Insurance Consultants.

Your data protection obligations still apply when staff are working from home and you should remind them of their confidentiality and data protection obligations. For help with data protection issues during this difficult time we recommend JarvisFields Privacy and Risk Consulting.

For more advice on managing staff working from home we recommend speaking to vivoHR

Contract issues

Covid-19 is causing difficulties with some business’ supply chains and demand for goods and services meaning you (or your suppliers/customers) may find it difficult to carry out your contractual obligations.

The outbreak may not be a valid reason to delay or alter your obligations and you should check your contracts. Our previous blog Coronavirus : Top Tips for Business Owners dealt with force majeure clauses but you may also be able to argue that the contract has been frustrated. This is not without risk as you need to show that the contract has become impossible to perform (or has become completely different) – just because it becomes more onerous this will not be enough. If you are in doubt contact us and we can help.

Clients

Given the Government’s advice you should try to rearrange any face to face meetings with clients and instead use online meetings or telephone/video calls. A popular tool (and one which we have used since we started business in 2016) is Zoom but there are others available.

Communication with clients will be key in reassuring them that you are ‘keeping calm and carrying on’. If you don’t already then start using social media to communicate how your business is responding to the outbreak. This will help reassure existing clients and also attract new ones. If you need help with your social media strategy we can recommend speaking with Beautiful Client Comms.

Cashflow and funding

If you need help with cashflow and advice on how to access Government support you should maintain good communication with your accountants/bookkeepers. There is such a massive amount of information out there you can’t be expected to keep on top of it by yourself. If you don’t have an accountant or bookkeeper (or even if you do) we recommend speaking to Now Accounting Services whose social media content in these times has been invaluable to us and our clients.

So there it is – a massive blog today but hopefully plenty to think about and some good signposts for further information. As always please do not hesitate to contact us if you have any questions on info@clearlybusinesslaw.co.uk or 01980 676875.

Time to Review your Reviews?

May 4, 2020 | Business Law Articles | 0 comments

Reviews are an essential part of online business which can help to set you apart from competitors.

At a time of uncertainty due to Covid19 now more than ever it is important to keep on top of your online reputation.

If your reviews are positive, that’s great but negative ones can wreck your credibility and reputation. Fake reviews are even worse.

In 2017 the British Hospitality Association (BHA) found that 85% of hotels and restaurants in the UK had been hit with fake and malicious online reviews – up 20% on its survey from 2015.

In the current climate Google and Yelp both suspended reviews to stop poor ratings being left which may not reflect the business’ true reputation in normal circumstances but there is still the risk of people leaving reviews via Facebook or elsewhere.

To tackle negative reviews the best approach is to regularly inspect your reviews and identify any which are fake and those which are genuine but simply negative.

If the reviews are genuine then address rather than ignore the feedback – you may actually be able to turn a bad review into a positive situation if, for example, you can show great customer service in responding to the reviewer. If the reviews are fake then the situation is different.

The first step should be to ask for the review to be removed. If it was posted to Google visit here and mark it as inappropriate, or if it is with Facebook you will need to flag it up via your account. You will need to show that it is fake.

If someone has made comments online but not as a review then if the comments are factually incorrect and cause reputational harm then you may have a claim for defamation against the maker of the statement and sometimes the search engine or online platform. Claims for defamation are notoriously complicated and expensive and you should only take this route if you absolutely have to.

For more information contact info@clearlybusinesslaw.co.uk or 01980 676875

Coronavirus: Top Tips for Business Owners

Mar 15, 2020 | Resources | 0 comments

Although we are trying to avoid adding to the noise about Coronavirus (and we certainly haven’t been stockpiling loo rolls) we thought the following top tips may assist.

1. If you supply goods or services check your terms and conditions and contracts to see whether you may be protected by your force majeure clauses. If the clause includes wording such as ‘outbreak of disease’, ‘epidemic’, ‘civil emergency’, or equivalent you should be fine but if not you will will need to consider the wording of the clause carefully to establish whether any disruption as a result of the Coronavirus could be classed as a force majeure event. We are here to help if you have any queries.

2. If you are working remotely as a precaution then make use of technology so you can carry on business as usual. We recently blogged about electronic signatures and these will be very useful in the coming weeks. As a business we make use of Skype, Zoom and other resources so we can have meetings without needing to be face to face and these are going to be even more useful in the coming weeks.

3. Keep up to date with advice but make sure it is from a reliable source. We recommend looking at the Coronavirus Government Response for official government advice and vivoHR for sensible and practical HR advice.

4. Keep in touch with your accountant. With the recent budget there was provision for focused assistance and your accountant can help to navigate you through the red tape. For a great summary of the budget headlines we recommend reading On The Spot Tax’s article.

5. Check whether you have any business interruption cover as part of your insurance. This could make all the difference if you are going to face losses in cash flow. We are happy to help look at wording if you are unsure whether you are covered.

For more info just give us a call or email info@clearlybusinesslaw.co.uk

Love your Lawyer

Mar 23, 2020 | Business Law Articles | 0 comments

Last month we asked what you disliked about your lawyer….

The feedback was that you dislike uncertainty around costs, the level of costs themselves, and lack of personal touch/plain English.

As a business we value ourselves on being clearly different – clear pricing and clear advice. Building on this, and as a result of the feedback you gave us, we have introduced a new retainer option to help spread the cost of your legal requirements.

For £169 plus VAT per month you can take advantage of 1 hour of legal advice (whether it is a quick question by email/telephone or reviewing/negotiating a contract). If you don’t use an hour one month you can roll it over to next month. This is a saving on our usual fees and gives you peace of mind that if you need us, we are on hand.

For more info just give us a call or email info@clearlybusinesslaw.co.uk

Should you Recycle Contracts?

Mar 18, 2020 | Business Law Articles | 0 comments

On global recycling day we discuss why you shouldn’t recycle other business’ contracts

Where was the document originally from?

We have seen client contracts with references to laws which clearly don’t apply in England and Wales as well as other documents which have been cobbled together without any sensible legal review. If you use someone else’s DIY contract you may find it does not cover what you need it to.

Beware of copyright infringement

If you cut and paste from someone else’s document it is likely you will be infringing on their copyright and this may have consequences of its own.

Tailored

Even if a contract has been prepared for the third party by a lawyer, it is likely to be tailored to that third party’s business. Unless you have exactly the same internal processes and interactions with clients/suppliers it is unlikely that the contract will be the right fit for your business.

Do you understand the terms in the contract you are recycling?

If you are going to use someone else’s contract you may find that the terms don’t make much sense to your business or contradict how you actually work on the ground.

We understand that legal fees are the last thing you want to spend your business’ money on but in matters such as preparing contracts this is a valuable investment which will help to avoid disputes further down the line. At Clearly Business Law we only ever charge a fixed fee for contracts to help you budget more easily. Just give us a call or email info@clearlybusinesslaw.co.uk

Meet The Team : Louise Hall

Mar 11, 2020 | Business Law Articles | 0 comments

Spotlight on Louise

Name: Louise Hall

Job at Clearly Business Law: Owner and Founder

Louise worked as a solicitor for various firms until she set up Clearly Business Law in April 2016 with the vision of changing the face of legal services for SMEs.

As well as being passionate about helping businesses grow and succeed, she loves spending time with her partner in crime, daughter Eleanor aged 2 and a half.

Louise loves meeting new people and exploring new places (Summer 2020 sees a tour of Norway with the family).

With a particular soft spot (around the tummy area) for baked goods, Louise loves a good book and Marlborough Sauvignon Blanc.

Health Advice

Mar 1, 2020 | Resources | 0 comments

With Coronavirus in the news, our friends at vivoHR have some great advice for employers:

Infection figures are still low in the UK but we suggest that it would be worth spending some time planning what you will do if the coronavirus becomes more widespread in the UK or if any of your teams are required to self-isolate / self-quarantine. What is your business contingency plan? There is no need to panic but a bit of forward planning may be a good idea.

Employers are under a duty to ensure the health and safety of all their employees and to provide a safe place and system of work. Employees are also under a duty to take reasonable care to ensure that they do not endanger themselves or anyone who may be affected by their acts or omissions at work.

Based on the World Health Organization’s declaration that this is a public health emergency of international concern, the UK Chief Medical Officers have raised the risk to the UK from low to moderate. https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-for-public

The WHO have published a list of myth busters which is informative (and in places a little amusing!) https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-for-public/myth-busters

Latest Public Health Advice can be found here: https://ukhsa-dashboard.data.gov.uk/

NHS Advice can be found here: https://www.nhs.uk/conditions/covid-19/

Things to consider:

Under what circumstances will you decide employees should not come to work?

1. How will you communicate these “rules” to them?
2. Are you aware of where your staff have travelled to recently? Employees should read guidance about whether or not they are required to self-quarantine based on their situation.
3. What about if they show signs of illness that match Coronavirus symptoms but it does not immediately appear that they will have been in contact with any affected people or affected regions of the world? Yes it is probably just a cold! What is going to be your policy on this? Consider the shoe shop in Cheshire which had to close whilst all the staff were tested only to find out no one had it – perhaps better to be cautious with one or two employees than risk closure?
4. If people can work from home how will you manage this.* IT & resources – do you need to have contingency plans in place with people taking laptops home “just in case”?
   * Communication
   * What work can be done
   * Confidentiality
   * Data security
5. What will you do regarding pay if you require people not to come into the workplace but they cannot carry out their work at home? There is no statutory right to pay if you are not sick but cannot do your job but ACAS guidance suggests it is best practice to pay employees if the business is requiring them to stay at home.

General hygiene principles at work

1. Now would be a good time to remind everyone about basic hygiene – handwashing and keeping work areas clean for example
2. Ask your cleaners to ensure that all surfaces such as door handles, desks and phones are being thoroughly cleaned regularly
3. You don’t need to supply face masks & hand gel to staff sat in your premises

Work related travel

If you have employees who are due to travel for work are you keeping up to date with restrictions and health advisory notices?

1. Could alternative plans be made in case travel restrictions expand?
2. Limit all non-essential travel
3. Within the UK – are there any sensible precautions you might put in place particularly if your employees are working on client sites, peoples’ homes, using public transport, meeting large numbers of people at public meetings or in places where they may be more likely to be exposed to possible risks? At the moment there are minimal risks as we understand it but it is worth considering what you might need to do if the virus becomes more widespread in the UK and your employees are going to places where you are less in control of who they are interacting with.

Communication

Discuss with all employees what they need to report to you in terms of symptoms or possible exposure to the virus – remember it is not just where they have travelled but also where the people they have been in contact with have travelled

What to do if employees are concerned about coming to work

1. Listen to their concerns and be sympathetic – pay particular attention to concerns of employees who have health concerns that place them in a more vulnerable position or if they are parents or carers for others who may be more vulnerable to infection
2. You do not have to agree to them staying at home if there is no valid reason to do so
3. Consider if they can take unpaid time off or use holiday – you do not have to agree to this or offer it but it may be preferable to having a panicky employee at work who does not want to be there!
4. If there is no valid reason / no likely risk but they do not wish to attend work then you are not obliged to pay them and you can require them to come to work

What to do if an employee is off sick and is being tested for coronavirus

1. Your normal sickness absence procedures and pay rules apply – nothing changes just because this is a media worthy situation!
2. You should communicate with all other employees / customers / suppliers they may have come into contact with ASAP and implement whatever measures you have decided on regarding self-quarantining

For more info contact Sam and the vivoHR team at sam@vivoHR.co.uk or 01252 757 359.

Terms & Conditions

Feb 17, 2020 | Business Law Articles | 0 comments

Top tips to ensure your T&Cs are fit for purpose.

Whether your terms and conditions have been put together internally, or have been legally drafted, they need to be reviewed periodically to make certain they remain the right fit for your business.

There are a few fundamental things to consider:

Obligations – Is it clear what goods or services you are supposed to provide and when you are committed to do so? Do your obligations depend on information or material being supplied by your customer or client? What do you do if that doesn’t happen? If matters are delayed or prevented for reasons outside of your control, what should you do?

Payment – How much should be paid and when? What action can you take against late payment; can you cease work and claim interest or debt collection costs?

Liability – Do you limit liability for losses that the customer or client may suffer? You can limit liability for any type of claim except for death and personal injury, fraud or fraudulent misrepresentation provided any limitation of liability is reasonable. It’s sensible to do this to help protect yourself against excessive claims if things go wrong.

Duration of contract and termination – If one party wants to end the contract what do they have to do? How much notice is required?

If you need help with your terms and conditions get in touch. We offer a free review within the first 12 months as part of our T&Cs writing service. Simply call or email info@clearlybusinesslaw.co.uk

Limiting Liability

Jan 28, 2020 | Business Law Articles | 0 comments

Limitation of Liability

When a business enters into a contract, in addition to the written terms of the contract certain terms are also implied by law such as terms relating to satisfactory quality (in the case of the sale of goods) or reasonable care and skill (in the case of the supply of services).

With the additional potential liability that this brings it is important to ensure you sensibly limit your business’ exposure to risk.

It is not possible to exclude liability for death or personal injury caused by negligence, or liability for fraud or fraudulent misrepresentation and an attempt to do so will be invalid. In terms of other liability, however, it depends on whether you are dealing with consumers or on a B2B basis.

Consumer

When dealing with consumers, limitation of liability is more complicated. You cannot limit your liability for damages where goods (inc. paid for digital content) are defective, incorrectly described or incorrectly installed, or where services are not provided with reasonable care and skill or within a reasonable time (assuming a timescale has not been agreed).

It is possible, however, to limit your business’ liability for breaches of consumer contracts where such losses are not reasonably foreseeable.

Consumer protection is a tricky area and we will blog about this separately.

B2B

When excluding or limiting liability it must be reasonable to do so. Whether an exclusion or limitation is reasonable or not will depend on the circumstances.

It may be more reasonable to exclude or limit your liability if –

• You are not in a dominant bargaining position so are not seen to have imposed your terms on the buyer – this might apply if there are other providers available to the buyer
• You have drawn the buyer’s attention to any exclusion or limitation rather than trying to hide it
• The terms are standard in the industry

If you have negotiated terms then any exclusion or limitation is likely to be more reasonable than had you simply put forward your standard terms.

Clearly Business Law can help with your contracts to ensure that any provisions can be relied on. Just give us a call or email info@clearlybusinesslaw.co.uk