Business

Tax Matters

8th January 2016

Tax Matters and Financial Planning

To ensure that you get the best agricultural tax advice, our teams are available to discuss the following:

  • Inheritance tax planning
  • Capital gains tax planning
  • Insolvency
  • Grant schemes available

Why choose us?

With our extensive knowledge in agriculture and farming community, we are able to give advice on the Government grant schemes that are available to you and put in place the relevant written documentation to enable you to take full advantage of the available benefits. We will work closely with both you and your accountant in putting these arrangements in place. Many of these schemes address environmental issues such as general pollution and can be extremely beneficial financially as well as for the environment.

Please get in touch

Email:

Tenancies

8th January 2016

Farm Tenancies

Whether an individual or business developer, should you be considering purchasing or leasing a farm or associated land/buildings, it is important to underpin the agreement with a legal contract to avoid lengthy disputes should a Tenancy issue arise. Agricultural law is extremely complex and it is therefore important to obtain expert legal help when entering into such agreements. Our agricultural team has a wealth of experience in;

  • Letting to agricultural workers
  • Leasing farm land or property
  • Sale or Purchase of Land and Farms
  • Options to developers

We are able to draw up individual agreements and contracts for seller, purchaser, Landlord or Tenant, taking into account other relevant issues such as environmental, occupancy and tax matters.

Please get in touch

email or contact one of our team.

Commercial Leases

8th January 2016

Commercial Leases

If you are considering granting or taking a commercial property lease , our experienced team can assist you in all matters relating to your acquisition.

For commercial property tenants

We will check the terms of the lease, negotiating to minimise the risks and potential costs to you as a tenant and getting you into the building as quickly as reasonably possible.

It is important for you to appreciate that the terms imposed under a commercial lease can be extremely onerous for the tenant.  It is essential that you get legal advice before committing yourself so that you are aware of the extent of those liabilities.

For commercial property landlords

We will check and negotiate the terms of the commercial property lease you are taking over, minimising any potential tenancy risks or costs to you from a landlords perspective, liaising with your lenders in order to complete your acquisition to suit your timetable.

Within these types of transactions, a series of issues may arise during the negotiations and in the lead up to the execution of the contract. Assuring that the rights to assign leases, rights to sublet, rights of way, party wall permission where they are required are amongst the matters upon which we have provided legal advice, in addition to the protection and management of those rights.

Our advice also includes implications of rent deposit deeds, licences for alterations, deeds of guarantee and the impact of the Land Registration Rules that came into force in October 2003.

We will advise on the importance of restrictive covenants and the impact they can have on development land, together with the solutions available to circumvent the need to comply with certain covenants and restrictions.

Why choose us?

Commercial law is extremely complex and failure to implement the correct policies and procedures can be lengthy and costly, whether landlord or tenant. To ensure that you are properly advised, contact one of our commercial property team for assistance.

Please get in touch

Email:

 

Debt Recovery

8th January 2016

Debt Recovery

We act for businesses and individuals in recovering debts both large and small. Every case is assessed on its individual merits and will receive close expert attention. We understand that your main objective is to reach a satisfactory conclusion in the most cost-effective and expedient way possible and to help you achieve this we can offer a fixed price service for many types of debt recovery work.

Our services

  • Debt recovery for individuals
  • Debt recovery for business
  • Enforcement of Judgements

We can also advise in relation to defending debt claims:

  • Dealing with proceedings against you or your business
  • Setting aside Judgements
  • Negotiations with the opponent

Our experience

Our team has wide experience of dealing with a variety of debt-related matters large and small and would be happy to discuss the circumstances of your case with you to help to reach your objective.

Why choose us?

Our team are knowledgeable, approachable and keen to work with you in order to reach the best possible outcome for you.

Please get in touch

Email: or contact one of our team.

Employment Law

20th November 2015

Employment Law

Employment legislation is complex and keeping abreast of the latest changes can be challenging and also present a substantial risk if not understood correctly. Our team of employment law experts advise both employees and employers on all aspects of employment law from contract drafting, negotiations through ACAS, procedure and documentation review and employment relations.

Many employment disputes are now settled through negotiation with the aim of reaching a balanced solution for both parties. However should a case reach an employment tribunal, our specialists have the expertise to advise and support you through the process.

Our services

We advise on all aspects of employment law including;

  • Unfair dismissal claims including constructive dismissal
  • Discrimination claims including sex, race, age and disability
  • Maternity rights/parental rights
  • Redundancy
  • Settlement Agreements
  • Grievance and discipline procedures
  • Contracts of employment/employee handbooks
  • Dealing with long term sickness including stress
  • TUPE (Transfer of Undertaking Regulations)

Our experience

Our employment team has a proven track record of advising employers and employees in all aspects of employment relations.

We can help and advise from the early stages of putting contracts into place for new employees and new businesses all the way through to assisting with problems arising from disputes between employer and employees.

We can advise on small or large claims and assist with negotiations through ACAS and help with preparation of best practice documents for ensuring that you have a set of up to date procedures to hand.

We also have a wide range of experience in dealing with cases ranging from disability discrimination; including for example an employee who was unfairly dismissed because of mental health issues from which she had completely recovered to employees dismissed because of childcare responsibilities, along with cases relating to sex-discrimination, disputes over bonus payments and flexible working.

We can also assist with the difficult and sometimes sensitive area of terminating the employment relationship.

Why choose us?

We pride ourselves on providing good common sense advice with a view to the practicalities as well as the letter of the law. We are used to working to tight deadlines as this is very often necessary in employment law cases.

Please get in touch

Email: or contact one of our team.

Employment Rights

5th February 2016

Employment Rights

As an employer, it is important for you to understand the rights that employees are entitled to in the course of their employment. These rights are outlined in the Employment Rights Act 1996, which gives statutory guidelines that employers must adhere to.

The duties that an employer owes to an employee are increasingly wide ranging and also cover, in some circumstances, relationships with fellow employees. To avoid any misunderstandings or tribunal claims it is imperative that you safeguard your business and understand your rights and obligations as an employer.

Legislation provides a wide range of rights for the employee including;

  • Minimum Wage
  • Paternity rights
  • Maternal/Paternal/Adoption leave
  • Working time regulations
  • Holidays
  • Sickness leave
  • Flexible employment
  • Discrimination

Why choose us?

Employment rights can be complex and may vary according to an employees individual contract of employment. We are able to offer you sound advice as well as guidance and assistance in providing or reviewing employees contracts of employment.

 

Discrimination

5th February 2016

Discrimination

For most, work is key to our identity and self worth. Discrimination in the workplace can have a devastating effect on the victim both emotionally and financially. At Gilbert Stephens we have helped businesses by giving realistic, practical and easy to understand advice to deal with these often difficult and sensitive issues.

It is unlawful to treat employees or prospective employees unfavourably on the following grounds:

  • Sexual orientation
  • Religion
  • Race
  • Gender
  • Disability
  • Age

Discrimination is a complicated area of the law and it is vital that you obtain expert legal advice when dealing with problems of discrimination. It is the employer’s responsibility to assure protection for employees. Not only must the policies of the business be such as to prevent discrimination, but the employer will normally be liable if any of its managers or other employees practice discrimination against other employees. The potential damages in such cases are often high and are not usually covered by standard employers insurance policies.

Why choose us?

We assist employers to implement appropriate policies and procedures to avoid being caught out by new and existing legislation and prevent claims arising which can be costly, time consuming and damaging to business interests generally.

Our team is highly skilled at presenting Tribunal claims and have helped many businesses to resolve these difficult issues.

Redundancy

5th February 2016

Redundancy

As an employer it is relatively easy to get the redundancy process wrong, exposing your business to unnecessary risks and possible tribunal claims. We will give clear and concise guidance to employers to try and ensure that they get it right and minimise the risk to their business.

The statutory definition of redundancy is found in the Employment Rights Act (ERA)1996. This states that a redundancy will arise if the employee’s dismissal is wholly or mainly attributable to either;

  • The employer has ceased or intends to cease to carry on the business for the purposes for which the employee was employed or to carry on their business in the place where the employee was employed.
  • The requirements of that business for the employee to carry out work of a particular kind or for the employee to carry out their work in the place where the employee was employed, have ceased or diminished or are expected to cease or diminish.

Why choose us?

Our team of professionals will advise you on what does and does not constitute a redundancy situation taking into account your particular business. We will outline the criteria for selecting employees for redundancy, including employer’s duties to employees, ways of avoiding redundancy, rights of appeal, notices to employees and redundancy packages.

This is a complex area of law which can have severe consequences for the employer so if in doubt, call our approachable team for advice.

Employment Contracts

5th January 2016

Employment Contracts

Employment contracts set out the terms and conditions of employment between an employer and an employee. Drafted and used correctly, they can help the relationship between both parties and often prevent the involvement of an Employment Tribunal.

Apart from some special cases employment law does not require that a contract of employment must be provided to each employee, although it is best practice and gives confidence and security to both employer and employee. The law does, however, require that a written statement of the terms and conditions of employment are to be produced to the employee within 8 weeks of the commencement of their employment. This does not apply to employees who are to be employed for less than one month.

We are able to draft contracts to suit any size of employer, in any trade or profession and tailor them to the specific needs of each employer. We are able to put contracts in place cost effectively and promptly, taking into account all necessary statutory regulations. We are able to produce policies to deal with;

  • Equal opportunities
  • Internet and e-mail
  • Grievance and Disciplinary procedures
  • Maternity and Parental leave rights
  • Risk Management.

It is important than all employers consider these policy areas as easy to follow procedures will reduce any possible potential claims.

Many employers choose to make reference to grievance procedures, disciplinary matters and health and safety guidelines in a handbook that is easily accessible to all employees. We are able to draft and tailor a handbook to your requirements. As Employers, it is important to inform all employees of any alterations to the handbook, for example as a result of changing legislation, and give them the opportunity to see any new policies that are put in place.

Although it is permissible to alter the terms and conditions of an employment contract, the Employer must be careful in doing so in order to prevent any potential claims in an Employment Tribunal. It is always good practice to seek legal advice in undertaking any contractual changes together with consulting with and putting these changes in writing to the employee.

Why choose us?

It is important for the employer to appreciate that this a rapidly changing and evolving area of law.  The potential liabilities for an employer who gets it wrong are serious and can, in a bad case, jeopardise the whole future of the business. We would always advise an employer, whether big or small, to have ready access to practical legal advice.  We are experienced in providing the immediate and effective support that is needed.

Breach of Contract

5th January 2016

Breach of Contract

As an employer, it is important for you to understand what constitutes as a breach of contract towards an employee. If you breach the contract of employment, the employee has the choice of either accepting the breach or resigning.

Examples of breaches include;

  • Not paying wages/salary
  • Changing the terms of the employee’s contract without agreement
  • False allegations or misconduct
  • Discrimination against the employee
  • Harassing the employee
  • Changing the employee’s place of work without notice

Although the examples above outline certain factors, any act that breaches the mutual trust and confidence between the employee and employer can constitute as a breach as it is the goodwill between both parties that has to exist to maintain a workable relationship.

If the employee accepts the breach by the employer and remains in their job, the employee can still seek compensation from the employer for the breach of their contract.

Why choose us?

Our Employment team is available to offer advice and help should you find yourself in a breach of contract situation with an employee. We are able to act on your behalf to arrive at an agreeable conclusion, dealing with compensation claims and avoiding potential lengthy and expensive court proceedings.