Asda, Pantomimes and Cross-dressing

It’s been a while since I did a personal update, so I think that it’s time to let you know what’s been happening both at home and in Newark.

I’ve had an extremely busy time with work, delivering training to my staff across the offices.  There are a lot of changes going on at the moment both in the profession and within the firm.  This has meant long hours and very little time to update the blog, so I’m sorry if it’s been a little quiet on here of late.

It hasn’t been so quiet in Newark, where the long wait for the arrival of Asda has now come to an end.  Newark on Trent’s biggest supermarket is actually Asda’s smallest and the problems they’ve had both with their general planning matters and with local objections, did make me think they may walk away from the project a few years ago.  I’m pleased to say that Newark Business Club’s initial reservations and objections to the original plans have paid off.  Asda and their developers originally wanted to drop a standard Asda ‘box’ store on the edge of town which would have dragged visitors to the edge of Newark but not into our wonderfully unique and historic centre with its plethora of individual retail shops.  The final design now has other retail units creating a walk way through to the town centre to encourage people into the centre.

The only downside at the moment is that the development has left us with a bus station that is apparently unable to cope with the small number of buses that pass through Newark.  It remains to be seen whether Asda will be a boost to a struggling town centre or will enhance the current offer.

In other news, Tallents Solicitors have sponsored this year’s Newark Palace Theatre pantomime and we’re very proud to be associated with it.  The production is always incredibly professional for a small town pantomime and the Millar family always look forward to it.  This year it is Aladdin with Bernie Clifton and Marshall Lancaster.  We have a charity gala launch on 9^th December and we’ve got three local charities on board who will be present on the night.  We’ve also been able to hand out tickets to Beaumond House Hospice and Southwell Care Project for them to use and as part of Tallents’ commitment to the community, our sponsored boys football team are also receiving tickets.  It should be a good night and I think that there are still some tickets available.  It runs at the Palace until 31^st December

I mentioned the football team there.  I need to say well done to Farndon Colts Under 10s.  We now have a team of 10 boys who play well together and each know what is expected of them.  As a result, they have won their first five games outright.  Fifteen points from five games, top of the league with a game or two in hand.  It’s been a good start to the season when you throw in a first round first leg win in the NNYFL Under 10s League Cup win away at Radcliffe Olympic.

Finally, I should say that I’ve become a bit obsessed with facial hair.  Many of you will know that November is now ‘Movember’, a charity for Men’s Health awareness, dealing with prostate and testicular cancers amongst other things.  The sharp-eyed amongst you will have seen hairy top lips sprouting all over the place.  I’ve got myself a fine ginger one and now look like the Chief from Inspector Gadget.  Even worse, I’ve been cajoled by the staff at Tallents to dress up as Freddie Mercury in the ‘I Want to Break Free’ video (and this was before Ian Beale did it for Children in Need) and I reluctantly agreed if they helped me get over £250 raised.  Sadly I’ve just passed the £300 mark so cross-dressing housework will now take place in early December at each of our offices, with evidence no doubt spread across the internet thereafter.  There’s still time to make it worth my while by going to donate at http://mobro.co/alistairmillar

Upcoming Estate Planning Seminar

You can’t take it with you!

Click on the picture to sign up

Tallents Solicitors and independent financial advisers, Cockburn Lucas, will be jointly hosting a FREE wills and financial planning seminar on Thursday 20th October, at the Saracens Head Hotel in Southwell.

The seminar will cover key topics that every retiree should know about:

• - Making wills and estate planning
• - Inheritance planning
• - Leaving monies to charity
• - Lasting Powers of Attorney
• - How second marriages may affect your will
• - Providing for disabled dependents
• - Financial planning for retirement
• - Building pre- and post-retirement income
• - Long-term care planning

The seminar starts at 10am and will go on until noon, with free refreshments.

Spaces are limited to the first 50 applicants, so although the seminar is free to attend, please call Tallents on 01636 813411 or Cockburn Lucas on 0115 981 9529 to reserve your place.

You can learn more about Cockburn Lucas by visiting their website.

Don’t leave the tax man in your will!

Tallents Solicitors is authorised and regulated by the Solicitors Regulation Authority Number SRA68826.

Cockburn Lucas is authorised and regulated by the Financial Services Authority.

My word is my bond…or is it? Written contracts and why you should have them

Many a business deal has been sealed over a handshake, with both parties taking each other’s word as their bond. But, if there’s nothing in writing and things turn sour, how do you protect yourself and your business? Jeremy Blatherwick, commercial lawyer at Tallents in Newark, explains why every business owner needs to consider having formal written contracts in place for both customers and suppliers.

Jeremy says, “Many people think that a formal contract only exists if it has been written down and signed by both parties. In reality, this just isn’t true. Contracts can be made orally, or be proven by your dealings (on the phone, via email, sending text messages etc.) with your customer or supplier. Just because you haven’t signed a formal agreement doesn’t mean there isn’t still a contract in place that the law can enforce.”

He continues, “When a relationship is running smoothly, it might seem hard to justify the time, effort or costs involved in obtaining a written contract. But when there’s an issue or problem, a written contract could make all the difference between a lengthy and expensive court case or a rapid and satisfactory resolution.”

A written contract will protect your rights, ensure you get paid or receive the services or goods you have paid for, and will limit the commercial risks of doing business. Your commercial lawyer can draft a formal written contract which will clearly set out who is to do what and by when, so everyone is clear about their rights and responsibilities.

Written contracts can be drafted for many different purposes:

• To define the structure of your business: e.g. partnership or shareholder agreements

• To define a scope of work and identify expectations and responsibilities

• Contracts of employment

• Terms and conditions for purchase or sale, whether these be services or goods

Every business is different and will need different written contracts depending on need and any applicable legislation, so getting the right legal advice can be invaluable, especially as both parties need to agree on the content.

Jeremy continues, “We advise all our clients to have written contracts in place with their customers and suppliers, whether they deal with them face to face, or via the telephone or the internet. It gives a peace of mind that is always underestimated until it’s really needed.

“Our experienced commercial litigation team can help clients with any contractural issues they may have and we can also review and advise on any risks before signing written contracts. We can also advise on any contract disputes and help clients find a resolution.”

The Equality Act 2010 – what every employer needs to know

The Equality Act became law on 1^st October 2010 and replaced previous legislation, such as the Race Relations Act 1976 and the Disability Discrimination Act 1995. Phillip Harding, Employment lawyer at Tallents Solicitors in Newark explains the key changes with which employers will have to comply.

Phillip says,

“The Equality Act continues to cover groups with ‘protected characteristics’, this includes: age, disability, gender reassignment, race, religion or belief, marriage and civil partnership, pregnancy and maternity, sex and sexual orientation.“

Phillip Harding

Because the Equality Act has replaced existing legislation, some of the rights and responsibilities haven’t changed, for example those rights surrounding direct discrimination, but other areas have been changed, or extended, or introduced for the first time.

Phillip explains,

“Employers could very easily leave themselves open to prosecution, simply by not being aware of the changes, updates and additions, or even by not acting to prevent a behaviour.

“Discrimination, in its various forms, has received significant changes and additions under the new law. For example, a publican might not offer a bar job to someone who is over eighteen because they look too young. That employer could now be found guilty of perceptive age discrimination.

“Harassment has been significantly extended by the new law. For example, employees are now protected from harassment from third parties not employed by the employer, such as customers and members of the public. This means that employers could potentially be held liable for the harassment of their staff by their customers. Even if an employee is not a direct target of the unwanted behaviour, they could still bring a harassment claim against the employer for behaviour they are exposed to and find offensive.”

The key areas of the law that have changed, or extended are:

• Harassment – this now applies to all of the protected characteristics except pregnancy and maternity, and marriage and civil partnerships.
• Victimisation – this now applies to all of the protected characteristics.

 

The key areas of the law that are now covered by the new legislation are:

• Associative discrimination – this now applies to age, disability, gender reassignment and sex, but not pregnancy and maternity, and marriage and civil partnerships.
• Discriminiation by perception – this now applies to disability, gender reassignment and sex, but not pregnancy and maternity, and marriage and civil partnerships.
• Indirect discrimination – this now applies to disability and gender reassignment but not pregnancy and maternity.
• Harassment by a third party – this now applies to all of the protected characteristics, except pregnancy and maternity, and marriage and civil partnerships.

Phillip concludes,

“The changes in the Equality Act affect every employer. As a result of these changes in legislation, it’s sensible for employers to carefully review their current policies and practices. An experienced employment lawyer will help you decide which policies and practices need updating or changing and time spent now could protect you from an expensive lawsuit being brought against you.”

For more information, contact Tallents on 01636 671881

Tallents Solicitors, 3 Middlegate, Newark

or 2 Westgate, Southwell

www.tallents.co.uk

What you need to know when selling a business – part 4

As promised, here is the final article of the series published by the Newark Advertiser on 28 October 2010

In this final article of a four part series, Alistair Millar, a Solicitor at Tallents in Southwell, explains why you should always consult an experienced commercial lawyer when selling a business.

“Selling a business can take several months but with the help of an experienced commercial lawyer you will complete the sale with the minimum amount of risk and have achieved the best price possible for your business,” Alistair says.

Once you’ve agreed the first nine steps: (1) disposal of the shares or assets, (2) drafted your confidentiality agreement, (3) agreed your exclusivity agreement, (4) heads of terms, (5) due diligence, (6) approvals and consents,  (7) sales and purchase agreements, (8) warranties and indemnities and (9) disclosure, Alistair now outlines the final important steps that you should consult your solicitor over during the sales process: the post-sale restrictions and how your solicitor can protect you from being sued after the

A more flattering photo than the Advertiser used!

business sale has completed.

1.       Having completed the sale, the buyer will obviously want to protect their new business. The seller has a great deal of information and inside knowledge on the business they have just sold, so the buyer will usually want to place a number of post-sale restrictions, also known as restrictive covenants, on the seller.

Alistair says,

“Post-sale restrictions generally fall into several areas: not to compete with the business, non-solicitation of customers, non-solicitation of employees, not to interfere with the supplies to the company.

“Without these restrictions in place there is nothing to stop the seller from contacting old and current customers with a view to encouraging them to take their business elsewhere. Or even poaching key employees and setting up a rival business.”

Post-sale restrictions will often impose a time limit, anything from six months to three years is usual, but it pays to be wary of the small print.

Alistair continues,

“It is always worth asking your solicitor to look over the post-sale restrictions to ensure they are reasonable, otherwise you might find yourself unable to work for certain companies, or in certain business areas.”

2.       The buyer has been granted a lot of rights under the warranties you have already agreed. Without a clear understanding of what additional post-sale restrictions you are agreeing to, it is possible to unwittingly breach them and leave yourself open to being sued by the buyer.

Alistair explains,

“Having spent a great deal of money on purchasing your business it is likely that the buyer will keep close tabs on everything that involves their new business.

“If they believe you are not-complying with the post-sale restrictions, then they have every right to take you to court and sue you for compensation, especially if they feel they have suffered a loss due to your actions. In this case, ignorance is no defence.”

Says Alistair,

“We always ask our clients what their future plans are so we can help them still achieve those goals after the sale has completed.”

Alistair notes,

“An experienced solicitor will ensure that a schedule is added to the sales agreement which will time-limit the buyer’s rights to make a claim. In addition he will negotiate the levels of potential claims so that the seller can’t be sued for negligible amounts, unless the sum of the entire buyer’s claims reach a certain value.

“The solicitor can also protect the seller by ensuring that if the claim is something the company is insured for, then the buyer will claim against the insurance and not the seller.”

Every business sale will be different as no two companies are the same. Not every sale will proceed in the same order as we have explained here and in the previous three articles. This is why you should always involve an experienced commercial lawyer, who can advise you if you want to sell, or buy, a business.

For more information, contact Tallents on 01636 813411

www.tallents.co.uk