Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Friday 29 May 2009

 

Employed or Self- Employed?

Many employers and their workers try to structure their relationship so they are treated as employer and self-employed independent contractor, rather than employee.

Clearly a genuine self employed independent contractor can send a long whatever workman/staff he likes to do the job and he is not obliged to render a personal service himself. A clause to that effect should appear on the contract, though this is not foolproof as a Court could hold it to be a sham. The self-employed status is much more likely to be upheld if a substitute worker is sent from time to time.

Employers should take advice on the employment law and tax implication of trying to structure their workforces as employees, agency workers and self-employed independent contractors.

Call Michael Breeze on 07 900 195 195 to discuss further.

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Tuesday 26 May 2009

 

Negotiating Power on Leases

Good quality tenants are hard to find.

If you are one and you are looking to take on a new lease you should, once you have persuaded the landlord of your substance/standing consider asking for the following:

· Rent-free period
· Contribution to fit out cost
· Flexible and unconditional break options allowing early termination
· Maximum flexibility to assign
· Maximum flexibility to underlet at any rent
· Rent payments in arrears rather than in advance
· Any advance rent payments to be monthly rather than quarterly

Call Simon Scott on 0797 991 661 to discuss further.

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Wednesday 20 May 2009

 

Sexual Orientation Legislation

You went to a boarding school and you live somewhere which is perceived by the public to have a large gay community, you are in fact heterosexual but your work colleagues subject you to homophobic comments. This is harassment.

The Court of Appeal has said that it amounts to discrimination under the Sexual Orientation Legislation.

Employers need to make sure that their Equal Opportunities and Harassment policies are up to date, be seen to be enforcing them and to be training senior staff.

Call Michael Breeze on 07900 195 195 to discuss further

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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues

Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).