Directors

The articles featured on hrlaw.co.uk were correct at the time of publication and should not be relied on or treated as a substitute for legal advice relevant to particular circumstances. Please contact us if you require legal assistance on any employment issues.

The SMCR Checklist

The Senior Managers and Certification Regime is now in its seventh month. As firms continue to adjust to the first phase of this new regulatory landscape, we set out the key changes coming up over the next 12 months and how you should be planning for them. ...

Directors' duties and responsibilities

In the latest instalment of our “need to know” guide for employers, we summarise the complex area of directors duties, including: analysis of the types of individuals who owe the duties; what the duties entail; the liability which directors can...

Women on Boards - where are we now?

How many female CEO’s of FTSE companies can you name? Currently there are just three in the FTSE 100: Alison Cooper of Imperial Tobacco; Carolyn McCall of easyJet and Angela Ahrendts of Burberry. The Coalition has favoured the voluntary action of...

The new Tribunal Regime - time for a new era?

This year has seen a number of changes to employment law already and there is still more to come.  We are expecting the new costs regime that will apply to Tribunal claims and the new Employment Tribunal Rules of Procedure to come into force in the...

Top 10 Tips for Directors of a Struggling Company

Directors of UK companies need to navigate a legal minefield when deciding whether their company is fundamentally strong enough to survive. We set out below 10 practical tips for directors: Do not ignore the problem Recognising that the business is in...

Dealing with dodgy expenses: how to spot it, how to handle it and how to prevent it

We are seeing an increasing number of employees helping themselves to extra cash from their employer, in the form of false expenses.  The examples range from partners in top city firms falsely claiming over £1 million to the odd claim for...

Consultation on the taxation of "controlling persons"

As you may know, in response to the recent high profile cases of senior public sector appointees (such as Ed Lester at The Student Loans Company) and others being paid through intermediaries (usually personal service companies), HMRC...

Top Tips: Drafting an Olympics Policy

With under 50 days to go, the count-down and planning for the London Olympic and Paralympics Games 2012 (the “Games”) has well and truly commenced! If you haven’t already considered implementing Games-related policies now is the time to do...

Top Tips for engaging with FSA investigations

Sun Tzu didn’t have the FSA in mind when he wrote his seminal treatise ‘The Art of War’, but some of his strategic and diplomatic ideas are a sensible alternative to locking horns aggressively with the regulator. Peter Wright and Deepak...

Whoops! Seven slip-ups - some of the most common but avoidable HR mistakes

A subscriber to HRlaw.co.uk has asked us to compile a list of what we find to be some of the most common HR mistakes and traps that employers can make and fall into.  The HR law team has put their heads together and here they are: 1.   ...

Kicking-out kick-backs: Top Tips on the Bribery Act

The Bribery Act 2010, which comes into force on 1 July 2011, creates a new corporate offence which has the effect of rendering commercial organisations guilty under the Act if they fail to prevent bribery and do not have adequate procedures in place designed...

Kicking-out kick-backs: Top Tips on the Bribery Act

The Bribery Act 2010, which comes into force on 1 July 2011, creates a new corporate offence which has the effect of rendering commercial organisations guilty under the Act if they fail to prevent bribery and do not have adequate procedures in place designed...

New Year, New Problems

New year, new problems.. 2010 saw key developments in case law which Ozlem Kulle and Helen Besch outline in their articles. This article highlights key cases that are likely to be decided in 2011. Age discrimination The ECJ is considering in the German...

2010 case round up (part 1)

2010 was a very busy year for employment tribunals and courts with plenty of interesting cases.  Here are our chosen case highlights: 1. Compensation in discrimination cases – stigma loss Chaggar v Abbey National plc [2010] IRLR 47 The...

Bribery Act 2010 - Management Beware

Businesses must take care and ensure that senior managers are not committing offences created by the Bribery Act 2010 (“the Act”), in particular the new corporate offence of failing to prevent bribery and ensure that there are adequate compliance...

Oi Ref!: Whistleblowing - How to spot the red card

The recent BP oil-spill disaster has shone the spotlight on whistleblowing as disaster prevention, however the recent trends of Tribunals’ decisions on this issue have somewhat stretched the ambit of the legislation. The general recent trend in the...

Employment law under the new coalition government- Top Tips on what employers can expect

Information is now emerging on the changes employers can expect under the Conservative - Liberal Government. ‘The Coalition: Our Programme for Government’ was published on 20 May 2010 and outlines the following principal commitments on employment...

Directors' duties and liabilities: Are you on top of the changes?

On 1 October 2007 the directors’ duties set out in The Companies Act 2006 (the “Act”) came into force. These duties replaced the equitable and common law rules that directors have been obliged to comply with until now. Under the Act...

Senior employees: a directorial debut?

As the recent Equitable Life litigation shows, company directors, who are placed in a position of trust and relied upon by both company and shareholders to behave correctly, often find themselves the target of criticism and even legal action for alleged...

Double-indemnity: Indemnifying directors

Those who are new to holding office in companies, whether public or private, seem to regard being a “director” as a glamorous position. And it can be. But, as many directors and office holders are only too well aware, it can also be an enormous...

Auditing and evidencing staff performance - a simple solution

Dear Auntie, I am HR Director of a medium sized company in Financial Services. I have been asked by our new CEO to show him reward criteria for our senior executives. He has asked to see their recent appraisals as well as specific information relating to...

Top tips for dismissing directors - the company law issues

One of the most difficult areas to deal with in commercial life is dismissing an employee. This can be an emotionally and legally difficult process to undertake both for the employer and naturally, the employee. The legal minefield we are familiar with when...