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| Hoben Johnson Solicitors - Professional Legal Services - Solicitors in Wellingborough, Rushden, Corby, Northants |
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NewsThe new Employment Bill, when made Law, will introduce new penalties for employers who choose not to pay their workers (ie. this does not just mean "employees") the minimum wage. The maximum penalty for an underpayment or what are called "employment agency" offences will be increased from a £5,000.00 fine to an unlimited fine and serious cases of non compliance will be tried in the Crown Court.There is a relatively newly formed Employment Agencies Standards Inspectorate who will be given, under the Employment Bill, considerably greater powers of access to seek financial information so that they can establish whether a complaint of underpayment in respect of the minimum wage is a "one off" incident or systematic abuse. In addition, Tribunals will be given greater powers to make awards for financial losses if wages have been unlawfully deducted and, from this year, when the Bill is enacted, employees will be able to claim for losses such as bank charges or interest. The powers of ACAS the Conciliation and Arbitration Service are extended so that its services are now available until a Judgment is made either in a Tribunal or (usually) a County Court. Director's personal liabilityfor company contracts: In a Court of Appeal case late last year (Contex -v- Drouzhba) it was held by the Court that when one of the Directors signed a contract on behalf of the company knowing that (or having reasonable cause to know that) a significant part of the company's obligations under the contract were not achievable the Director himself personally was liable as a "tort" (a civil right) of deceit had occurred.In this case, the Court of Appeal concluded that there was an implied representation that the Company would be able to meet its payment obligations under the Contract and the Director was personally liable in deceit as he knew the representation was false. Registered Community DesignsThese were introduced by the EU in 2003 and for a very modest fee afford protection Europe wide to truly original and distinctive designs of products. The protection lasts for 25 years. The English courts have been cautious in recent years in addressing the issue of protection of ideas and designs using this European formula but if the design clearly differs from the "prior art" there should be no problem with registration If your Company or yourself are in any doubt as to your position in connection with Employment or Company Law issues, please contact Mr Albert Varilone at the Wellingborough Office of Hoben Johnson Solicitors avarilonc  hobenjohnson.com telephone number 01933 277666or Mr Stephen Wood at our Rushden Office stephenwood hobenjohnson.com telephone number 01933 411375.
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| Wed 10 Mar 2010 | web design | login | |
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