Please find below almost 50
Tips on General Legal Advice
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GENERAL LEGAL TIPS
Getting a Ticket.
Tickets will either be issued on the spot by the Police... or sent through the post after being photographed by a camera. For the less serious offences you will be given or sent a FPN [Fixed Penalty Notice] which is typically a £60 Fine and 3 points on your licence. If you decide not to pay the FPN and elect to go to Court... you will be sent a Summons... which basically just tells you to be at Court on a particular time and day. For more serious offences you will be given or sent a NIP [Notice of Intended Prosecution] and the Summons will automatically arrive in due course. The vast majority of people simply take their punishment and pay their FPN... or turn up in Court without putting up any sort of defence and accept what the Court gives them.
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PERSONAL LEGAL TIPS
1. Don't put your personal assets at risk.
If you are starting a business with one or more people, you can choose
partnership, limited liability partnership or limited company status. Remember
that in a partnership, all partners are jointly liable for debts – if you come
up against a legal problem, you will be risking your personal assets.
2. Put it in writing
Ensure that all your business deals and agreements are confirmed in writing. If
you strike an agreement verbally, get a confirmation in writing as anything that
is agreed verbally is often difficult, if not impossible to put into effect, if
problems arise. A written record will also prevent people from trying to change
their minds or giving you a different story at a later stage.
3. It pays to get advice early on
The amount you will pay for advice at an early stage can be substantially lower
than paying for problems that will arise in the long-term. Ask for an estimate
of the cost if you seek a lawyer's advice. Some solicitors will offer a package
price for jobs like forming a company.
4. Get someone to recommend a solicitor
There are many different types of law and solicitors who specialise in certain
areas, so finding one can be a daunting task. Recommendations from other
companies is a good way to start. Don't be afraid to ask a solicitor for
references or testimonials from any other companies it has worked with, and
follow these up.
5. Don't take risks with health and safety
By law, all businesses need to assess potential risks in the workplace – health
and safety fines can be hefty and can cripple your business. Only firms with
fewer than five people are not required to come up with a written statement.
Your statement should address the following issues: what to do in the event of a
fire and the procedure for reporting and dealing with accidents.
6. Spell out your terms and conditions
Make sure all your customers are aware of your terms and conditions, otherwise
you will risk being paid when they feel like it, and sometimes not at all, if
they go bust. You will also need to ensure that your customers agree to these
terms and that they are aware of them each time an order is placed.
7. Keep up to date with changes in the law
Employment law is one area that is constantly changing so it's important that
you keep up-to-date. Every employer must provide a statement of employment,
clearly laying down certain details, and it can be in your interests to include
policies that are not needed by law, but that would be beneficial.
8. Keep employment contracts clear and simple
The way you word a contract of employment is also important – it needs to be as
clear and easy to understand as possible. Keep the sentences short and to the
point – no employer is expected to be an expert in employment law.
9. Shop around for insurance
Not only do you want the right kind, you also want it at the right price and
with the right company. Consider using an insurance broker to help you with your
search but shop around and get at least three quotes. Or try asking business
contacts to see if they can recommend anyone.
10. Avoid expensive mistakes – protect your intellectual property
If you have created a new product or service, do a patent search and a trademark
search to avoid possible conflict with an existing product or patent. Having to
rename or relaunch your product will not enhance your reputation.
QUICK BUSINESS LEGAL TIPS
How do I register my copyright?
You can't because in the UK copyright arises automatically upon the creation of
a work in a tangible form (e.g. a design drawing); there is no requirement for
registration. However, in the USA you can register a copyright.
Where can I patent my design?
You can't unless you have created a new and inventive product or process. The
relevant form of protection for most designs is UK design right which protects
the shape and configuration of the design and unregistered Community design
right which protects the shape, contours, lines, colours, texture and
ornamentation of a design. Design rights arise automatically but, for stronger
protection, a Registered UK or Community design can be obtained for a payment of
a fee. www.ipo.gov.uk www.oami.eu.int
If someone makes seven changes or a certain percentage change to a design it
becomes a new design!"
WrongI It is not the number or percentage of changes that somebody makes to your
design but the importance of the elements which they have taken from your design
which is important in deciding whether they have infringed your rights in your
design. This will always vary from case to case.
Registering designs is useless because if you make one slight percentage change
in the design the registration is invalid
Wrong, because the test for whether a design infringes a registered design is
whether it creates the same overall impression as the registered design on the
informed user. It is not simply about counting the number of elements of the
design which have been reproduced or changes which have been made to it.
I want to register my design to protect the way it works
You can't because you would have to apply for a patent rather than a design
registration. However, to obtain a patent you would have to demonstrate that the
way that your design works is novel and inventive.
I have protected the name of my business because I have registered the name at
Company's house
You haven't because a registered company name does not give you rights in the
name which you can enforce against third parties - for this you need a
registered trade mark.
My freelance designer doesn't have any claim to the rights in my design!
They might because if they produce a design for you, you will only own any UK
unregistered design right which might subsist in the design. There may be other
IP rights in the design which you do not own, such as copyright and unregistered
Community design right. If you want to own all the intellectual property rights,
the best plan is to ask the freelance designer to assign these to you in a
written agreement, preferably before they do any work.
If I do not include the ©2004 (name) notice on my work I will not benefit from
copyright protection
Not true! In the UK copyright arises automatically when you record your original
work in a tangible form. However, it is wise to include such a notice because it
notifies others that you are claiming copyright in your work.
If I register a copy design before the originator I own the design
You don't necessarily because whilst you will technically be the owner of the
registration, the originator would be able to seek a declaration of invalidity
of your registration.
I applied for a registration for my design because I own the company
Wrong! because if you created the design in the course of your employment, even
with your own company, the company alone has the right to register the design.
The registration will therefore be invalid.
LEAVING YOUR EMPLOYMENT
In the rush to get away, or more positively in the rush to join a new company,
it is easy to overlook a few issues that can make a big difference to your legal
and financial position.
Consider the following:
1. Agree a reference
Your reputation is your lifeblood, so agree what your old employer will say
about you. Employers are not obliged to give a reference, but if they do it must
be honest and fair. Ideally agree with them a short reference that will confirm
the position you were employed in and the period of your employment. You might
not feel you need a reference for your next job, but you never know when you
might need one in the future. It will also gag them from saying anything
derogatory.
2. Carefully check final salary payments
Have you been paid to your last working day, without deductions, including full
reimbursement of all your expenses? It will be extremely difficult to claim this
after you have left.
3. Untaken holiday entitlement
Have you any unused holiday entitlement? If so, and you are paid for this in
lieu of taking the time off, you may be entitled to a tax rebate. Most contracts
say that employees have no right to be paid for unused holiday allowances, but
the vast majority of companies will nevertheless pay this. Because you have no
contractual right to this payment it will be tax-free! However, you will need to
reclaim this tax from the Inland Revenue. It will probably fund a holiday!
4. Restraint clauses
Many companies try to get departing employees to sign non-competition clauses
when they go. You are NOT required to sign these unless, as is highly unlikely
to be the case, it is originally provided for in your contract. If your old
employer wants you to extend your responsibilities after you have left, then you
should add this to the matters you will negotiate over.
5. Transfer your pension
If you have been a member of an employer pension plan then make sure you
complete all administration to transfer these benefits to a new plan or ensure
you keep trustees up to date with your whereabouts. Millions of pounds of
unclaimed pension entitlements are not paid to former employees simply because
the trustees don't know where they are.
6. Check your pension very carefully
Your pension fund will probably be the greatest savings fund you will own. Have
this reviewed to ensure the correct amount is transferred to your new pension
plan. Errors occur, even unintentional ones.
7. Get your P45
Make sure your old employer gives you a P45. This will mean your new employer
uses the right tax code for you from day one. This can save you a lot of hassle
and make your tax affairs simpler to handle.
8. Check your tax affairs
You may be entitled to a tax rebate. Tax under PAYE is charged on the assumption
you work for all 12 months of the tax year. If you take a few months break
during the year then you may be entitled to a tax rebate. This often goes
unclaimed. The later you stop working in the tax year, the greater your tax
rebate is likely to be.
9. Check health insurance
There may be a break between leaving an old employer and being entitled to join
a new employer's policy. If this is important to you then consider taking
short-term cover independently.
10. Return all property belonging to employer
Including, of course, all confidential and business-sensitive information.
GENERAL LEGAL TIPS
Make sure you understand what you're paying for.
Learn how you can fire a lawyer.
Check out your lawyer's record.
You should protect your health care decisions by at least appointing a health care power of attorney. This designates the person who will make your decisions. They are bound to make the decisions that you want, not what they think is best.
Information supplied courtesy of:
smallbusiness.co.uk | acid.eu.com | infomaticsonline.co.uk | roadsupervisors.net
| legalmatch.com | zenhabits.net
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